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NATIONAL 
LIBRARY 
OfSCOTLANS 



iiiii 



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6CS, SC 1J 



THE HISTORY 

OF 

THE CHURCH OF SCOTLAND. 



JOHN SPOTTISWOOD, 

ARCHBISHOP OF ST ANDREWS. 

IN THREE VOLUMES. 
VOLUME II. 




EDINBURGH: M.DCCC.L 






At a Meeting of the Committee of THE BANNATYNE 
CLUB, held on Monday, the 29th of March 1847. 

Resolved, 

That Club Paper be furnished for One Hundred and Twelve Copies of 
the Edition of ARCHBISHOP SPOTTISWOOD'S HISTORY OF THE 
CHURCH OF SCOTLAND, in three volumes, octavo, to be Edited by 
Bishop Russell for the Spottiswoode Society. 

At a Meeting of the Committee of THE BANNATYNE 
CLUB, held on Thursday, the 31st of August 1848. 

A letter from the Secretary of the Spottiswoode Society was read, ex- 
plaining that arrangements were now made with Messrs Oliver & Boyd for 
completing the republication of Archbishop Spottiswood's History, under 
the superintendence of Mark Napier, Esq., Advocate, in the event of the 
Bannatyne Club continuing their Subscription, upon the same terms, as had 
been agreed upon, when the Work was originally undertaken. 

The Committee directed the Secretary to express their willingness to 
Recede to the proposed arrangement, as their chief desire was to have the 
Work completed under the charge of an ostensible Editor, whose name might 
be a sufficient guarantee for the fidelity of the republication. 

Extracted from the Minutes, 

David Laiko, Secretary. 



HISTORY 



CHURCH OF SCOTLAND. 

BEGINNING THE YEAR OF OUR LORD 203, AND CONTINUED 
TO THE END OF THE REIGN OF KING JAMES VI. 



RIGHT [iE\. .lUHN SPOTTISWOODE. 

ARCHBISHOP OF ST ANDREWS, AND LORD CHANCELLOR 
OF SCOTLAND. 



WITH 

BIOGRAPHICAL SKETCH AND NOTES, 

BY THE 

RIGHT REV. M. RUSSELL, LL.D., D.C.L. 

IN THREE VOLUMES. 

VOLUME H. 



EDINBURGH: 

PRlN'TKn hvm INK S/\)lTi6\VOOI)E SOcrETV 
M.DCCCLI. 




THE EDITOR'S PREFACE 

TO THE SECOND AND THTED VOLUMES. 



T the commencement of the first volume, 
the Editing Committee of the Spottiswoode 
Society have recorded, with just and ap- 
propriate feeling, the unexpected depriva- 
tion that has withdrawn, from this important 
and much desired edition of Spottiswoode's History, the able 
hand which originally conducted it. The untimely death of 
Bishop Russell was a loss to letters, to this work, and to the 
Church of which he was so distinguished an ornament. When 
the melancholy event occurred, two volumes of the History 
remained to be passed through the press, and the right reve- 
rend Editor had not left any notes for their illustration. 
Under these circumstances, the Spottiswoode Committee hon- 
oured me with the request to assume the unfinished task, and 
to edit the two remaining volumes. With no slight hesita- 
tion I agreed to occupy the place of one so much better 
qualified, in every respect, for an undertaking of tlais nature. 
But I was somewhat relieved to find, that the most import- 
ant part of that undertaking, the collation of the various 
manuscripts for the production of the present accurate text, 
had been completed by the Bishop, and that an old copy of 
the History, corrected by himself for the press, was at my 
disposal. It only remained for me, therefore, carefully to 
revise the proof-sheets, and to follow out my predecessor's 
judicious plan, of placing at the end of each Book such 
notes as might seem aptly to illustrate, or to supply defi- 



IV THE EDITOR S PREFACE. 

cieiicies in the text of our author. In these historical iUus- 
trations, however hmitcd, I have endeavoured to combine 
popular interest with some antiquarian research. They are 
chiefly derived from original sources, not very accessible to 
the general reader. 

Considering that the Bishop, as already mentioned, had 
completed the arduous and important task of collation, it 
occurred to myself to suggest, that the uniformity of the title 
pages ought not to be disturbed, nor the credit of the publi- 
cation diminished, by withholding from the last two volumes 
an editorial name and authority so much more eminent 
and attractive than my own, which it was proposed to sub- 
stitute. 

In the Life of the Archbishop prefixed to the first volume, 
it was inadvertently stated (p. xlv) that the autograph letter 
from King Charles no longer exists. The original, how- 
ever, is still preserved in the archives of the Spottiswoodc 
family. It may also be mentioned, that the Archbishop's 
will (p. cxxx of the prefixed Life), now first published, was 
copied from the original, in his own handwriting, which is 
also preserved by the famih% 

Mark Napier. 



6 AiNSLiE Place, 
December 6th, 1850. 



HISTORY 



CHURCH OF SCOTLAND. 



THE FOURTH BOOK. 



THE CONTENTS. 

THE THINGS THAT FELL OUT AFTER QUEEN MARY HER COMING FROM 
FRANCE INTO THIS KINGDOM, UNTO HER RESIGNATION OF THE 
CROWN TO KING JAMES HER SON. 

'HE queen preparing to return home was 
taken witli the fever tertian, and forced to 
stay at Janville some months. In the end 
of June she came to Paris, where Francis, 
earl of Bedford (who was sent from England 
to condole King Francis his death), did in the name of his 
mistress salute her, and after some gratulatory speeches for 
her recovery, propone the ratification of the contract made 
at Leith, entreating the performance of it.' The queen 
thanking her sister for her kindness, answered, " That she 
was not as yet in perfect health, but hoped shortly to be 
well." Touching the ratification, she said, " That she remem- 

' [Tytler, quoting " State-Paper Office, French Correspondence, r2th Feb- 
ruary 1560-1," says : " Bedford arrived at Paris on the 3d of February, and on 
the 15th of that month proceeded to the court at Fontainbleau, where he de- 
livered his message to the Scottish queen."— Vol. vi. p. 211, Edit. 1842.— E.] 
VOL. II, 1 




2 THE HISTORY or THE [a. d. 1561. 

bered the business, but could give no resolute answer, till 
she had the advice of the nobles and estates of her own realm. 
For though the matter concerned her principally, yet the 
same did touch them also : and they having showed them- 
selves displeased in former times, because she did not take 
their advice in affairs, would now be much more offended, if 
she should proceed in that matter not having first acquainted 
them therewith. But, as she trusted, the same should not 
be long a-doing, seeing she intended to make her voyage 
shortly home." The ambassador replying, that there was 
no cause to doubt of their consents in that particular, the Ac- 
cord being made by themselves, — " It was made," said the 
queen, " by some of them, not by all ; and when I come 
amongst them, it will appear what mind they are of. But I 
will send," saith she, " Monsieur d'Oysell to my sister, who 
shall give her, I trust, good satisfaction ; and by him I will 
signify that I am to go into Scotland, and will require those 
favours of her that princes do one to another in the like 
cases." 

Soon after this she sent Monsieur d'Oysell into England, 
with a direction that, after he had done this message unto 
the queen, he should gx> into Scotland, and take order that 
the garrisons kept in the castle of Dunbar and the isle of 
Inchkeith should keep those forts until she were safely ar- 
rived. But the queen of England, taking ill the delay of the 
ratification, answered him in the hearing of all her attendants, 
" That except the queen of Scots did confirm the conditions 
agreed upon at Leith, wherein she found herself still frus- 
trated, there could be no perfect amity amongst them ; and 
if she would do that, the kindness which became a queen, her 
cousin and neighbour, should not be wanting on her part." 
This she desired him to report, and leave his journey unto 
Scotland, for that she would not permit the same through 
her country. 

The queen of Scots, highly offended with this answer, did 
call Nicholas Throgmorton,the ambassador legier of England, 
and kept a long conference with him about these matters, 
which out of the ambassador's own letters sent to the queen, 
his mistress, I shall relate. Commanding her attendants to 
go aside, she broke forth in these speeches : "How great 
soever my weakness be, I like not to have so many witnesses 



A. D. 1561.] CHURCH OF SCOTLAND. 3 

of it as your queen of late had, when she talked with Mon- 
sieur d'Oysell. And now I must tell you, that nothing 
grieves me more than that I should have desired a thing of 
her that I stood in no great need of: having God's favour, 
I can return to my country without her leave, as I came 
hither against the will of King Edward her brother. Neither 
do I lack friends that both will and may convey me safely 
thither ; yet I desire rather to try her friendship than any 
others. Oftentimes you have said, that it were good both 
for ourselves and for our kingdoms that we should live friends, 
and keep kindness one to another ; but it seemeth not that 
she is so minded, otherwise she would never have returned 
me such an answer. It is like she favoureth my rebelhous 
subjects more than me ; yet she should with reason think 
that my subjects who have rebelled against me will never be 
so trusty and loving to her as I myself. My friends do 
marvel what her purpose could be in assisting my subjects 
against me ; and now to hinder my return unto my own 
country, being a widow, I know not what it should mean. 
I work her no trouble, I have no meddhng with the affairs 
of England; and yet I know there be numbers in that 
country who are not well contented with the present times. 
I require nothing of her but amity and friendship, and this I 
cannot have. She objects to me, that I have small experi- 
ence of the world. It is true that years bring experience ; 
yet I am of that age that I know how to carry myself to- 
wards my friends and well-willers. I will not use many 
speeches unwortliy of her, but let me with her good leave 
say, that I am a queen as she is ; that I have as good friends 
and as good a stomach as herself. But comparisons they 
say are odious, therefore I will contain myself. 

" For that treaty at Leith wherewith she so troubleth her- 
self, it was made whilst the king my husband was ahve, to 
whom, according to my duty, I was in all things obsequent. 
That he delayed to ratify the Accord, it was his fault, not 
mine. After his decease the council of France left me to my 
own counsellors, neither would my uncles meddle in Scottish 
affairs, lest they should offend. The Scots that are here with 
me are not counsellors, neither can I deliberate with them in 
so weighty matters : as soon as I have consulted with the 
Estates of my kingdom, I shall give her a reasonable answer, 



4 'JlIE IllSTOUY OF THE [a. U. 1561. 

and that she may have it the sooner, I shall haste my journey 
homewards. But she perhaps will belay my way, and so 
impede her own satisfaction ; and it may be she desireth no 
satisfaction of her demands, that there may be always some 
occasion of jarring and discord amongst us. She casteth often 
iu my teeth that I am young and unadvised; and so she might 
justly think me, if I should treat of matters of such import- 
ance without the advice of my Estates. The wife is not bound, 
as I have heard, to answer for her husband's doings, either 
in honour or conscience ; but as now I will not reason that 
point. This I may truly say, that I never did any thing to 
my sister which I would not have done to myself. I have 
always performed the duty of a kinswoman unto her ; but 
she doth either not believe it, or then despiseth my friend- 
ship. Would to God I were as dear to her as I am near of 
blood, for this were a precious sort of kindred ; but God for- 
give them, if there be any, that stirreth up these contentions 
amongst us. You are her ambassador, let me know what it 
is offendeth her, or in what word or action I have wronged 
her." 

Hereunto Throgmorton answered. " Madame, I have no 
commission to your majesty but for the ratification of the 
treaty of Leith ; yet if you will have me to show what I 
think be the cause of my mistress's offence, I will tell it in 
few words, but not as an ambassador. How soon the queen 
my mistress was crowned, you usurped the title and arms of 
England, which during quecu Mary's reign you never at- 
tempted ; and a greater injury could not be offered to a 
prince than that was." " But," saith she, " my father-in-law 
and husband, Avho lived both at that time, commanded me so 
to do : after they were deceased, and since T have been at 
mine own liberty, I have neithor used her arms nor titles. 
And yet I sec not what wrong it can be to me, who am 
a queen, and had to my grandmother the eldest sister of King 
Henry the Eighth, to use the arms of England, seeing others 
more remote in blood have done the hke. The marquis of 
Exeter, and duchess of Suffolk niece unto Henry the Eighth 
by his youngest sister, did bear the arms of England, with 
borders for a difference ; and sliould it be imputed as an in- 
jury to me so to do ? But well I see," so she concluded, 
" that nothing I do is taken in good part." 



A. D. 1561.] CHURCH OF SCOTLAND. 5 

The queen of England in the mean time faUing in some 
jealousy of the lords of Scotland, because of that which the 
queen had said, " That the treaty of Leith was not made by 
all their consents, and that when she should be amongst them 
it would appear whether they continued in the same mind," 
sent a letter full of sharpness to the nobihty and council ; 
wherein, after an ample declaration of the friendship done to 
them in the late aid they received against the French, she 
complained of the delays made in the ratification of the Ac- 
cord past at Leith, which, as it seemed by their queen's 
words, was in their default, seeing she had said, " That 
before she gave a resolute answer in that matter, it behoved 
her to know their minds ;" whereof she could not be igno- 
rant, so many of themselves being with her of late, and 
messengers going daily betwixt them : therefore she desired 
to know if they did mind to keep the peace contracted ; and 
if they continue in that mind, that they should procure the 
queen to ratify it, at least to advertise her what she might 
look for at their own hands. 

This letter was speedily answered by the council, with 
great attestations that it never came in their minds to break 
the peace contracted, for in so doing they should make them- 
selves infamous in the world, and sin highly against their 
consciences. Of the delay which their queen made and the 
reasons thereof, they professed to be ignorant. Therefore 
entreated her majesty to be persuaded of them, that next to 
the glory of God they would study to keep the peace in- 
violate, and that there should be no blame in them if the 
ratification was not made to her contentment. 

Whilst these things passed at home, the queen of Scots 
set forward to Calais, attended by the cardinals of Lorraine 
and Guise, the dukes of Guise and d'Aumall, the Grand Prior 
and the Marquis d'Elbeuf her uncles, the duke of Nemours, 
Monsieur d'Anvile the constable's son, and divers others her 
friends and kinsmen. At Abbeville, which is in the way to 
Calais, she sent for the English ambassador, and asked him 
by what means she might satisfy Queen Elizabeth. He 
answered, " by ratifying the treaty of Leith." To whom she 
replied, " I have very just reasons to refuse it, which ought 
not to be interpreted as delays. For, first, that treaty should 
have been confirmed by my husband and me, and cannot 



6 THE HISTOUY OF THE [a. D. 15G1. 

now be ratified unless it be concluded in my own name alone, 
seeing the king, then my husband, is expressly named in the 
Accord. Next, the most of the articles arc performed, for 
all preparations of war arc ceased and the French called 
back from Scotland. But the queen oifendcth," said she, 
" that I use the title and arms of England. This I have 
not done since my husband's death. And if it be alleged 
that the same is used in the letters patents given me tlirough 
France, it is known I cannot hinder that, for they who pass 
those letters are not my subjects. And for the articles con- 
cerning religion, I trust my own subjects shall have no cause 
to complain of my severity. Thus, what I may do I will, to 
give my sister satisfaction. And I pray you, Monsieur 
I'Embassadeur, do the part of an ambassador, and rather 
pacify the queen than exasperate her in any sort." So 
earnest she was to have all matters of quarrel laid aside, fear- 
ing that the queen of England should seek to intercept her by 
the way : and, indeed, a navy was put to sea under colour 
of suppressing pirates, but the taking of one of the ships, 
wherein were the earl of Eglinton and other passengers, 
made it suspected that a worse thing was meant. Always 
it fell out so, that the queen of Scots having a prosperous 
wind, passed by the English ships (the weather being foggy) 
unperceived, and on the sixth day after her embarking, which 
was the twentieth of August 1561, did safely arrive at 
Leith. 

The fame of the queen's coming noised abroad ; the no- 
bility from all the parts of the realm assembled to congratulate 
her return, and besides them numbers of all sorts of people 
convened as unto a joyful spectacle ; for they had not soon 
the face of their sovereign for many years, and after her 
marriage with the French king, had scarce any hope of a 
king to reside amongst them, which would most certainly 
have happened if any succession had followed of that 
marriage. For Scotland in that case would have been but 
an accession to France, the mightier kingdom ; as Henry the 
Seventh foretold of England (and wo have seen it verified in our 
days), drawing unto it the weaker and lesser crown. That the 
queen therefore was now returned, and they delivered of the 
fears of redacting the kingdom into a province, they did justly 
esteem it one of the greatest benefits that could happen unto 



A, D. 1561.] CHURCH OF SCOTLAND, 7 

them. Then, when they called to mind the variableness of 
fortune, how she, left a pupil of six days old only, by the 
death of her father, was exposed as a prey to those that were 
most mighty, and partly by civil seditions at home, partly 
by the invasions of extei'nal enemies from abroad, even before 
she could have any sense of trouble, was forced to forsake 
her country, and relegated, as it were, into exile, having 
hardly escaped the hands of enemies that lay in wait to in- 
tercept her, and the violence of tempestuous and raging 
seas ; and again, when fortune began to smile a little upon 
her, and she was honoured with a royal marriage, how these 
joys on the sudden came to be changed into extreme sorrows, 
being first deprived of her mother, then of her husband, a 
new kingdom lost, and her ancient crown which belonged to 
her by inheritance standing in a state very uncertain : whilst, 
I say, they called to mind these variable fortunes, and there- 
with considered the excellencies that nature had bestowed 
upon her, as the beauty and comeliness of her person, her 
mild inclination and gracious demeanour toward all sorts of 
people, it cannot be told what a joy and love this begat in 
the hearts of all the subjects. 

The beginning of her government was hkewise very gra- 
cious ; for some few days after her arriving, in a council kept 
with the nobility to remove the occasions of trouble, she con- 
descended that no change nor alteration should be made in 
the present state of rehgion ; only she would use her own 
service, as she said, apart with her family, and have a mass 
in private. This was thought by many a thing not intoler- 
able, considering she was the sovereign princess of the realm, 
and educated from her youth in the Roman faith, from which 
there was hope, by better instruction and humble and courte- 
ous behaviour, she might be reclaimed : yet the preachers in 
their sermons did publicly condemn that toleration as unlaw- 
ful. And amongst the nobility, the earl of Arran did oppose 
it, taking protestation that he did neither agree to private 
nor public mass ; which highly displeased the queen, and 
was thought to have alienated her affection, that before 
seemed much inclining towards him. 

There fell out upon this an accident which was like to 
have caused great trouble. The queen purposing to hear 
mass the next day in her chapel of Halvrudhouse, whilst 



8 THE HISTORY OF THE [a. D. 1561. 

the tapers and other things required to that service vrere 
carried through the court, one of the common sort invading 
him that bore the wax-hghts, brake them all in pieces, and if 
by the intervention of some more moderate spirits the tumult 
had not been repressed, the rest of the furniture had been 
■wholly spoiled, and that day mass disappointed. It was 
held a proud and insolent fact, and condemned by many ; 
others said that the patience of men was too far tempted, 
and some maintained that if right were done, the priest, ac- 
cording to God's law made against idolaters, ought to suffer 
death. But this stir was quickly appeased by Lord James, 
much against the earl of Huntly his mind, who by this oc- 
casion thought to win credit with the queen, and, in confer- 
ence with her uncles, bragged that if the queen pleased to 
use his service, he would reduce all the north countries to 
the Roman profession. But his courses being suspected, and 
the queen misliking all counsels that tended unto trouble, no 
heed was given to his offers. 

The month following was spent in the entertainment of 
the French that had accompanied the queen homewards. 
They made but short stay in the country ; for about the 
midst of September, Duke d'Aumall returned unto France 
by sea ; the Grand Prior and Monsieur d'Anvile took their 
journey through England ; the Marquis d'Elbeuf of all 
that company only remained, and abode all the winter with 
the queen. 

In this mean time was William Maitland of Lethington 
directed to the queen of England with letters both from the 
queen and from the nobility. The queen's letters were full 
of kindness, tending all to express the love and affection she 
bare unto her as to her dearest sister and kinswoman, and the 
desire she had to continue in true and sincere friendship with 
her. The letters sent by the nobility were to the same 
effect, but containing tliis more, that the surest way to 
preserve friendship and true amity amongst them two was, 
to declare the queen of Scots her nearest and lawful heir to 
the crown of England, in case she should have no issue. 
Lethington urging this last point strongly, as he was com- 
manded, after he had used his best persuasions to that effect, 
was answered by the queen of England as followeth. " I 
did expect another message from your queen than this is 



A. D. 1561.] CHURCH OF SCOTLAND. 9 

which you have brought me, and do marvel that she should 
forget the promise made before her coming out of France, 
touching the ratification of the treaty of Leith ; which was, 
that how soon she returned to her own country, she should 
give me a full and resolute answer. I have long enough," 
said she, " suffered myself to be abused with fair speeches, and 
now it had been time, if she had regarded her own honour, 
to have made good her promises." Lethington repHed, that 
within a few days after the queen took land he was employed 
in this legation, and that she had no leisure to deal in any 
public matters, being taken up with admitting the noblemen 
that came to welcome her into the realm, and with the settling 
of the estate of religion, which her majesty understood to be 
a work of no small weight ; neither were all the noblemen, 
whose advice she must take in matters of that importance, 
come into the court before his parting from it. Here the 
queen interrupting his speech, said, " What need is there of 
advice or counsel to do that which by her subscription and 
seal she is bound to perform?" He answered, that no 
commission was given him in that matter, nor did his mistress 
think that any account thereof would have been required of 
him, but that she might justly excuse herself by the oc- 
casions he had mentioned. Then after a few more speeches of 
that purpose, the queen returning to the chief point of his 
legation, said, " I have observed that you have often in 
your discourse said, that your queen is descended of the 
blood-royal of England, and that I am obhged to love her, 
as being nearest to me in blood of any other ; which I 
neither will nor can deny. Neither have I in any of my 
actions (as the world knoweth) attempted ought against the 
safety and tranquillity of her and her kingdom ; yea they that 
be most inward with me can witness, that even when I had just 
cause of offence given me, by her usurpation of the titles and 
arms of England, I could never be induced to think other 
than that this was the politic device of some enemies, to breed 
dissension amongst us. But hoAvsbever that be, I hope so 
long as I live she shall not bereave me of my kingdom, nor 
yet be able, if God shall bless me with children, to impede 
their succession. And if it shall happen otherwise that I be 
taken away, she shall never find that I have prejudged the 
right which she claimeth to the kingdom of England. What 



10 THE HISTORY OF THE [a. D. 1561. 

a right it is, I have never been curious to know, nor do I 
purpose to search and examine it, but will leave the same to 
the cognition of tliosc whom it eonccrneth. This your queen 
may assuredly expect at my hands, that I shall never wrong 
her, nor her cause, if it be just in the least point. And God I 
take to witness, who heareth this our conference, that, next 
myself, I know not any whom I would prefer to her, or who 
(if the title should fall to be controverted) might exclude 
her. You know," saith she, " who the competitors be : but,, 
alas ! what power or force have those weak creatures to 
attempt so great an enterprise ? Always the matter itself 
is weighty and of great importance, which I* will take time 
to think upon." 

After some few days, calling Lethington unto her, she 
said, " That it seemed strange to her, how the nobility at the 
queen's first coming should put up such a request to her, 
seeing they knew there was no reparation made of former 
wrongs; and to desire," saith she, " that I should gratify their 
queen, having received so great an injury, without any 
amends made, is it not in effect as much as to boast and 
threaten me? If they will take such a course, I would 
have them think that I am strong enough for them at home, 
and lack not friends abroad that will defend and maintain 
my right." Hereunto he replied, that in his first speech he 
had clearly discovered the intention of the noblemen, how, 
partly out of that duty which they owed to their sovereign 
and the defence of her honour, pai-tly out of a desire to 
confirm and assure the peace begun betwixt the two realms, 
they had made this motion ; and that the reason why they 
dealt so plainly with her, was not only the experience they 
had of her favour in times past, but also the respect of 
their own safety. For if any should oppose the queen's 
right, and thereupon wars should arise betwixt the two 
kingdoms, they must needs be driven to hazard their lives 
and fortunes. Wherefore they thought that their motion 
was not to be ill talccn, seeing it tended to the cutting away of 
all occasions of discord, and to the establishing of a solid peace. 

" True," saith she, " if I had attempted any thing to the 
hurt of your queen's right, they might with reason have 
required me to amend it. But when 1 am yet in health and 
life, to desire me- to prepare mine own winding-sheet, is a 



A.I), 1561.] CHURCH OF SCOTLAND. 11 

thing without example, nor hath the like ever been required 
at the hand of any prince ; yet I take in good part the 
meaning of your lords, and am glad of the good affection 
they bear to their queen, and the care they have to advance 
her honour. I think it likewise wisdom in them to foresee 
the dangers they may run into, and like well that they do ab- 
hor the shedding of Christian blood, which I confess could not 
be avoided if any faction should arise and lay claim to the 
crown. But where or what is that faction ? or Avliat force can 
they have ? Always, leaving these things, suppose I had 
an inclination to satisfy their desire, think you that I would 
rather gratify your lords herein than the queen herself? 
No, I will tell you, I have many other reasons that stay me 
from taking such a resolution. First, I know what a 
dangerous thing it is to touch this string, and I have ever 
upou great respects abstained from bringing in question the 
right of the crown ; for so often hath the controversy of 
marriage, lawful and unlawful, of legitimate and base-born 
children, been agitated according as men's affections and 
humours led them, that even in regard of those disceptations 
I have hitherto forborne to match with any husband. Once 
at my coronation I was married to this kingdom, whereof 
always I carry this ring for a pledge (pointing to a ring 
she wore on her finger) ; and howsoever things go, I shall be 
queen of England so long as I live ; when I am dead, let 
them succeed who have the best right. If your queen hath 
it, I shall not wrong her in the least point ; and if it belong 
to another, it were not reasonable to desire me to do them 
an open and manifest wrong. If there be any law which 
may bar her title, it is unknown to me, for I do not willingly 
think of these matters ; but if there be any such, when I 
received the crown, I sware to my people that I should not 
change their laws. 

" Now, where you said that by declaring your queen my 
successor our affection should become more firm, I rather 
fear that it should be the seed of a most bitter hatred. For 
think you that I will behold wilUngly the preparation of 
mine own funerals ? It is natural to princes to be jealous 
even of the children that by birthright are to succeed them. 
How did Charles the Seventh of France carry himself 
towards Lewis the Eleventh, and he again towards Charles 



12 THE HISTORY OF THE [a. D. 15G1. 

the Eighth, or King Francis of late towards Henry who suc- 
ceeded him ? And is it prohablc that I should be otlierwise 
disposed towards my cousin, if once she shall be declared 
heir unto my crown ? No, be sure I shall have the very 
same mind Avhich Charles the Seventh showed to Lewis the 
Eleventh. 

" There is another thing which I esteem of an exceeding 
great weight. I know the unconstancy of the people, how 
they loathe always the present government, and have their 
eyes continually set upon the next successor ; and naturally 
they are more that look, as it is said, to the sun rising than 
to the setting of the sun. To omit other examples, this 1 
know by mine own experience. When my sister queen 
Mary reigned, how earnestly did a number wish to see me 
placed on her throne ! What a desire had they of my ad- 
vancement ! If I had but given my countenance to their 
practices, they would have refused no peril in bringing the 
same to effect. Now it may be, the same persons arc not of 
the same mind towards me. As children that dream that 
apples are given them arc greatly joyed, but in the morning 
when they are awaked, and find themselves deceived, they fall 
a-weeping ; so they who loved me exceedingly when I was 
but called Elizabeth, and if I perhaps gave them any good 
countenance, thought with themselves, that how soon I was 
made queen, they should be rewarded rather according to 
their own conceit than any service done unto me, now when 
they find that the issue answercth not their expectation, 
some of them, it may be, in hope of a better fortune, would 
not dislike a change of the government. For the greatest 
wealth that ever any prince had, or can have, is not able to 
satisfy the unsatiablc covctousncss of men. And if this be 
our case, that the affection of our people is so easily changed, 
as when we keep a greater moderation in our largesses than 
they think we ought, or perhaps for some other light cause, 
they grow discontented, what may we think shall come to 
pass when seditious people have a certain successor designed, 
to whom they may open their griefs, and betake themselves, 
if they be in any sort displeased ? In wliat a peril think you 
I should live, having so mighty a ncigiibour princess to suc- 
ceed me ? To whose grandeur look how mucli I shall add by 
confirminsr her succession, so much I shall detract from mine 



A. D. 1561.] CHURCH OF SCOTLAND. 13 

own secui'ity. This peril no caution can assure, nor the 
bonds of any laws avert. Princes also who live in expecta- 
tion of kingdoms do hardly contain themselves within the 
limits of right and reason. Surely I myself would never think 
my estate assured, if once my successor were known to the 
world." This is the sum of that which passed at his second 
audience. 

Not many days after getting access, he asked the queen 
what answer she would give to the nobility. She said, " At 
this time I have no answer to give, but that I approve the 
affection and sedulous care they have of their sovereign's good 
estate ; but the matter is of such weight as I cannot on a 
sudden nor directly answer it. When your queen shall per- 
form her promise concerning the treaty of Leith, it will be 
time to require a proof of my affection towards her ; till 
then I cannot with safety of mine honour gratify her in any 
thing." 

Lethington repUed, as before, that he had no commission 
in that business, and that m the matter of succession he had 
showed more his own judgment than the mind of the queen 
his mistress ; for he could never think the confirmation of the 
treaty of Leith to be a thing of that importance as for the 
delay or refusal of it the queen of Scots and her posterity 
should be excluded from the succession of the crown of Eng- 
land. " Neither will I now," saith he, " inquire by whom that 
treaty was concluded ; at what time, in what manner, by 
what authority, and for what cause it was done ; for I have 
no warrant to speak of these things. But this I dare affirm, 
that albeit the queen, following her husband's direction, had 
ratified the treaty, she should have found herself thereby so 
far interested as she would doubtless have used all means to 
free herself of the same. And this I say not in the 
queen's name, but only to make it seem that our noblemen 
have reason to travail that all debates and controversies may 
cease, and a firm and perpetual peace may be established." 

This, and some other speeches interchanged amongst them 
touching the treaty, moved the queen of England to agree 
that the same should be revised by some commissioners, and 
corrected after tliis form. That the queen of Scots should 
thenceforth abstain from using the EngUsh arms, and from 
the titles of the crown of England and Ireland, during the 



14 THE HISTORY OF THE [a. D. 15G1. 

life of queen Elizabeth and her posfcrity. That on the other 
part, the queen of England shouki oblige herself, and the 
cliildi-en begotten of her, to do nothing in prejudice of the 
queen of Scots her succession. These were the things acted 
in this legation. 

Now at home, the queen, keeping a progress in the coun- 
try, went from Edinburgh to Stirling, from thence to Perth,. 
Dundee, and St Andrews, and other special burghs, where 
she was received with much honour and triumph ; returning 
to Edinburgh a little before the feast of INlichaelmas, at 
which time the burgesses are wont to elect their annual 
magistrates, and to set down statutes for the good of the 
town. Amongst other acts, one was published, inhibiting 
that any adulterer, fornicator, drunkard, mass-priest, or 
obstinate papist, should be received in the town, under such 
pains as the law did prescribe. The queen interpreting that 
to be an usurpation of royal power, did commit Archibald 
Douglas, provost, to the castle of Edinburgh, charging the 
council of the town to make a new election, which they 
obeyed, choosing Mr Thomas Makcalyean in his place. A 
proclamation was likewise made, granting liberty to all good 
and faithful subjects to repair and remain within the burgh 
at their pleasure, for doing their lawful and ordinary busi- 
ness. 

These things ministered great offence, especially to the 
preachers, who seeing the queen take more liberty than she 
did in the beginning, keeping her masses more public, and 
causing them to be celebrated with a greater pomp, did 
mightily complain thereof in their sermons, but proiited 
httle ; for some of the noblemen, who had in former times 
showed themselves most zealous against the toleration of 
idolatry, were grown a little more cold by the flatteries of 
the court, and all of them, emulous of others' greatness, were 
striving who should be in most favour with the queen. 

She had some while before this taken to be of her privy 
council the duke of Chatelherault, the carls of Huntly, 
Argyle, Athole, Morton, Marsliall, Glencarne, Montrose, 
and Erroll, Lord James her brother, the Lord Erskine, and 
Mr John Lesley, bishop of Ross. Huntly was created 
chancellor, one that in matters of religion had behaved him- 
self very unconstantly, and to win the queen's favour was 



A. D. 15G1.1 CHURCH OF SCOTLAND. 15 

now become altogether popish. This animated the priests 
and others of that fliction, which before were quiet, and put 
them in some heart. 

One Ninian Winyet, schoolmaster at Linlithgow, a man of 
reasonable learning, set forth a book of questions against the 
Confession of Faith ; which went current in the court, and 
was much esteemed by them of his profession. Being cited, 
and divers conferences kept with him to make him acknow- 
ledge his errors, he continued obstinate, and was therefore 
sentenced by the Church ; whereupon he forsook the country, 
and flying to Germany was preferred to be abbot of the 
Scottish monastery at Ratisbon, where he lived many years. 
The abbot of Crossraguel in the west published about the 
same time another faith. Whereunto John Knox having 
made a reply, the author, in regard of his age and quality of 
birth (for he was of the house of Cassils), was thought fit to 
be overseen. 

Meanwhile the court was busied in a consultation how to 
supply the charge of the queen's house, which the ordinary 
revenues of the crown could not so honourably maintain as 
was required. Divers ways being thought upon, the readiest 
seemed to fall upon the Church-rents, and draw somewhat 
from the prelates and beneficed persons. To this purpose 
they were convened before the council, and after a long 
treaty, and many persuasions used, considering with them- 
selves how they subsisted merely by the queen's favour, and 
that by refusing a part they might endanger the whole, they 
were induced to yield the third part of their benefices to be 
disposed of at the queen's pleasure, and assumed forth of 
what places her collectors should choose ; her majesty secur- 
ing them of the two parts during their lives, and liberating 
them of the ministers, with whose maintenance they were 
continually boasted. It carried some show of commodity this 
at first, but turned to little or nothing ; the prelates and 
beneficed men undervaluing their rents, and making up a 
third, which did afterwards, when the number of ministers 
increased, scarce suffice to their provisions. 

Much about this time a rumour was raised in the court, 
and went a while uncontrolled, that the earl of Arran in- 
tended to ravish the queen, whom he was known to love 
most passionately. She, whether counterfeiting a fear, or 



16 THE HISTOKY OF THE [a. U. 15G1. 

that there was any cause given that way, it is not known, did 
levy a guard of horse and foot to attend her person, which 
put divers in feai', and opened the mouths of discontented 
people, as if some grounds of tyranny had been thereby laid. 
But she not regarding these surmises, and careful only of the 
country's quiet, laboured earnestly to have justice take 
place ; and the borders then being unquiet, sent her brother 
Lord James thither, with a commission of lieutenantry, which 
he faithfully discharged, using exemplary punishment upon 
a number of broken men, and taking pledges of others for 
living obedient to the laws. For this service, at his return 
he was preferred first to the earldom of Mar, and a little 
after to the earldom of Murray : for the Lord Erskiue, hav- 
ing claimed title to the country of jNIar, was by the queen 
made earl of the same. 

Huntly offending that these honours should have been 
conferred without his consent, and he thereby put from the 
possession first of Mar, then of Murray, which he had en- 
joyed since the death of King James the Fifth, and because 
of that long possession was reckoned to be a part of his own 
patrimony, resolved, since he saw his own credit and author- 
ity waning, before that of Murray's was fully settled, to 
undermine him by one mean or other : whereupon by scan- 
dals, detractions, and other the like courses familiar in the 
courts of princes, he laboured to disgrace him ; and finding 
that these prevailed not, presented to the queen a libel 
written with his own hand, wlierein he charged the earl of 
Murray with ambitious affectation of the royal authority. 
Yet the proofs he brought being weak, the queen made no 
account thereof. This also failing, he incited James Hep- 
burn, earl of Bothwell (one that had debauched his patri- 
mony, and had all his hopes depending upon the public 
disturbance), to set the earl of Murray and the Hamiltons by 
the ears : which he assayed to do, first by persuading the earl 
of Murray to ruin Duke Hamilton, who, as he said, lay 
waiting on the quccu's death, and aimed at no less than the 
crown, and besides bare a particular enmity to himself. 
This he said could not but be acceptable to the queen, seeing, 
besides the natural hatred that all princes carry to their 
successors, she did bear a special grudge to tiie earl of Arran 
for his love to the reformed religion, and because of some 



A. D. 1561.] CHURCH OF SCOTLAND. 17 

hard speeches that fell out in a conference betwixt him and 
her uncle the Marquis d'Elbeuf. 

The earl of Murray abhorring such unhonest practices, 
and refusing to hearken thereto, his next address was to the 
Hamiltons, offering to take part with them in cutting off the 
earl of Murray (whose credit with the queen he knew they 
disliked), and showing how easily it might be done. By 
this means, he said, they should have the queen in their own 
hands, and be rid of him who chiefly stood in their way. 
The time and place of the murder being considered upon, 
Bothwell and Gawin Hamilton, abbot of Kilwinning, are said 
to have taken the matter in hand. The device was to kill 
the earl whilst the queen was at hunting in the park of Falk- 
land, and, that performed, to carry the queen along with 
them for their greater surety, and the countenancing of the 
fact. 

The earl of Arran, who had withstood the conspiracy, 
perceiving them resolute in that they had undertaken, and 
fearing it might take effect, advertiseth the earl of Murray 
of the plot laid against his life. Murray rendering him 
many thanks, the letter was intercepted by some that dis- 
liked the intelligence they kept with others, and finding by 
the answer what advertisement he had made, persuaded the 
duke his father to send him with some keepers to the house 
of Kinneill. But he making an escape in the night came to 
the house of Grange in Fife, and sending to the earl of 
Murray to show what had happened, was the next morning 
conveyed by him to the queen in Falkland ; and at his 
coming he discovered the whole practice unto her ; where- 
upon Bothwell and Kilwinning were both apprehended, for 
they were come to Falkland of intent to clear themselves. 
Arran being brought before the council to be examined, was 
observed to be in some perturbation of mind, and being 
dimitted for that time, was at his next appearing clearly 
perceived by his words and countenance to be taken with a 
phrensy ; yet when he came to himself, as he did sometimes 
in the beginning of the disease, he wrote to the queen and 
others so judiciously, as many thought he did only feign him- 
self mad, to free his father of the conspiracy. The rest ho 
accused so constantly and with such eagerness, that in pre- 
sence of the council he made offer, since the accusation could 

VOL. II. 2 



18 THE HISTORY OF THE [a. D. 1561. 

not be made out by witnesses, to try it in single combat with 
Both well. But the queen, misliking that form of trial, made 
Bothwell to be sent to the castle of Edinburgh, and the 
abbot of Kilwinning to the castle of Stirling, committing 
Arran to the custody of some persons at court. 

And now Huntly imagining that he had a fair occasion to 
put Murray out of the way, and that he might do the same 
more safely, having two of the greatest famihes in the king- 
dom partners Avith him in the quarrel, fell into other devices ; 
and first stirring up a trouble in St Andrews, where the 
queen then remained, and thinking that Murray would come 
forth upon the noise to pacify the tumult, he resolved by 
some whom he had suborned to cut him off in the fray. 
This not succeeding, some armed men were laid to intercept 
him as he came from the court at night ; for the queen de- 
taming him late, he was Avont to go accompanied with one or 
two only in most quiet manner to his lodging. But this 
being hkewisc frustrated by advertisement given to Murray, 
and he having tried it to be so (for, upon the notice given 
him, he went and found them standing armed in the porch of 
the abbey, which was the place designed to him), delated 
the matter to the queen, Huntly excusing his men, said 
that they were some only of his company, who being to go 
home that day, had put on their arms, and being stayed by 
some occasion till the next morning were there attending 
his coming. 

This excuse, albeit nought and frivolous, was accepted for 
the time ; which gave many to think, that the queen's affec- 
tion to her brother was not so great as it was commonly 
taken to be. And it is true that about the same time the 
queen had received letters from the pope, the cardinal of 
Lorraine, and her uncles in France, advising her to entertain 
Huntly, as the man most powerful and best inclined towards 
the advancing of the Romish religion, and to give him some 
hopes of her marriage with John Gordon his second son, 
whereby he should be made more forward in the purpose. 
Great promises were made besides of money and other ne- 
cessary supplies for war, but so always, as these were made 
away that wore enemies to the Cathohc faith ; of whose 
names a roll was sent unto her, and the earl of Murray 
placed in the first rank. But what impression these letters 



A. D. 1562.] CHURCH OF SCOTLAND. 19 

made in the queen's mind, she showed the same to her 
brother, and used him with no less respect than before. 

In the beginning of the next summer there was a great 
speech of the interview of the queens of England and Scot- 
land, and messengers to and fro sent to agree upon the place, 
the time, and manner of the meeting. The motion came 
from the queen of Scots, who, as it was thought, greatly 
affected the same out of a desire she had to live in a firm 
peace with the queen of England, and make herself known 
to the subjects of that country. Neither was the meeting 
disliked of the better sort, as thinking it would serve, besides 
the preservation of the common peace, to bring her unto a 
liking of the reformed religion. But they who were popishly 
set, fearing greatly the conference, spake openly against it, 
saying, that of such interviews there was never seen any 
good fruit, and that it would not be safe for the queen of 
Scots to put herself in the power of her whose kingdom she 
had claimed. Not the less the treaty went on, and was 
concluded ; York condescended to be the place of meeting, 
the numbers on either side agreed unto, and the time de- 
signed about the end of June. But whilst all things were in 
readiness for the journey, the queen of England excused 
herself by letters, desiring the interview should be put off 
till the next year ; Avhich the queen of Scots was not ill 
pleased to hear, for she feared if the same had held, that the 
French king and her uncles should have been much offended. 

This journey being stayed, the queen took her progress 
unto the north. Being at Stirhng, she was petitioned, by 
certain commissioners of the Church, for abolishing the mass, 
and other superstitious rites of the Roman religion, and for 
decerning some punishment against blasphemy, against the 
contempt of the word, the profanation of the sacraments, the 
violation of the Sabbath, adultery, fornication, and other the 
like vices condemned by the word of God, whereof the laws of 
the country did not take any hold. For actions of divorce, it 
was likewise desired that they should be remitted to the 
judgment of the Church, or at least trusted to men of good 
knowledge and conversation ; and that popish churchmen 
might be excluded from places in session and council. To 
these petitions exhibited in writing, the queen, after she had 
perused the same, made answer, that she would do nothing 



20 THE HISTORY OF THE [a. D, 1562. 

in prejudice of the religion she professed, and hoped before 
a year was expired to have the mass and CathoUc profession 
restored through the whole reahn; and thus parted from 
them in a choler. 

About the midst of August she entered into Aberdeen, and 
was met by the Lady Huntly, a woman of an haughty dis- 
position, wise and crafty withal in sifting the minds of others. 
She, knowing the mutability of princes' favours, laboured to 
insinuate herself in the queen's affection, using all servile 
flattery, extolling the power of her husband, and repeating 
the offer he had made for re-establishing the Roman profes- 
sion in these north parts. Then falling to intercede for her 
son John Gordon (who had offended the queen by his escape 
forth of the ward in which he was put for wounding the 
Lord Ogilvy upon the High Street of Edinburgh), she en- 
treated her majesty's favour for that oversight, and that he 
might be licensed to attend her majesty during her abode in 
those quarters. The queen understanding what they went 
about, and how they flattered themselves with a conceit of 
her marriage, answered, that it stood not with her honour to 
admit him unto her presence, unless he should re-enter him- 
self into the place from which he had escaped. The lady, 
thanking her majesty, and promising obedience in her son's 
behalf, did only entreat that the place of his ward might be 
changed to the castle of StirUng, whereunto the queen 
having yielded, the Lord Glammis was appointed to convey 
him thither : and he indeed went so far on the way as to the 
nobleman his house of Glammis ; but (whether called back by 
his father and friends, or of his own private motion, it is un- 
certain) there he changed his mind, and returned to the 
north, where gathering some forces, a thousand horse or 
thereabout, with them he drew near to Aberdeen. 

The queen highly commoved with his contempt, yet dis- 
sembling her anger, did after a day or two keep on her 
journey towards Inverness, whither she intended. The 
eighth of September, the night before her setting forth, were 
seen in the firmament great inflammations, and lightnings ex- 
traordinary, which continued the space of two hours and 
above. It feared the common sort, who do always interpret 
such accidents to be prognostics of some trouble. But the 
queen contemning these things as casual, would not hear of 



A. D. 1562.] CHURCH OF SCOTLAND. 21 

altering her journey ; so the first day she went to Buchan, 
the next to Rothiemay, and the third day being invited by 
Huntly to his house of Strathbogie, where great prepara- 
tions were made for her receipt, she denied to go with hira, 
or grace him in any sort, till his son gave obedience ; and so 
kept on her way. 

The day following she came to Inverness, and thinking to 
lodge in the castle, the keeper, Alexander Gordon, refused 
to give her entry. Thereupon she began to suspect some 
treachery. In the townsmen she could repose no assurance, 
as being all vassals and dependers of Huntly. The town 
itself was unfenced with walls, and the country all in arms 
(as she was advertised) to attend his coming. Yet disposing 
of things in the best sort she could, order was given to keep 
a strong watch, to fortify the passages into the town, and 
have ships prepared in the road, whereunto, if need were, 
she might take her refuge. About midnight, some spies sent 
from Huntly unto the town were apprehended, who dis- 
covering his numbers and enterprise, were made fast. And 
the next morning, upon a rumour that went of her danger 
the queen stood in, there flocked out of all quarters unto her 
numbers of highlandmen, the Frasers and Monroes chiefly, 
with their followers and friendship. The clan Chattan in 
Huntly's company, how soon they knew that the enterprise 
was against the queen, forsook him, and slipping aside, came 
and yielded themselves unto her. She, finding her forces 
increased, commanded to lay siege to the castle, which ren- 
dered upon the first assault. The captain and principal 
keepers were executed, but the lives of the common soldiers 
spared. After some four days' abode in the castle, the queen 
returned to Aberdeen, accompanied with all the noblemen 
and clans of the country ; and thither came the Lady Huntly 
with offers of submission for her husband, but was denied access. 

Huntly perceiving the world thus altered, and himself 
fallen into the queen's displeasure, so as there was no hope 
of regaining her favour, betook himself to desperate courses, 
and assembling his friends and others that would run hazard 
with him, he approached to Aberdeen, presuming much of 
the affection of the inhabitants. At court he had the earl 
of Sutherland, and John Lesly of Buchan, men of no 
mean power, who made him daily advertised of things that 



22 THE HISTORY OF THE [a. D. 1562. 

passed there, and the small numbers that were with the 
queen, willing him to take the opportunity. Whereupon 
resolving to follow his enterprise before the forces of the 
queen were farther increased (for charge was gone to all that 
could bear arms in Lothian, Fife, Angus, Stratherne, and 
Mearns, to come and attend her at Aberdeen), he advanced 
with some eight hundred in company, looking to find no 
resistance. And like enough the enterprise had succeeded 
to his mind, but that the same morning letters were inter- 
cepted, sent by Sutherland and Buchan to Huntly, which 
detected all their counsels. Sutherland, upon the discovery, 
escaped : Buchan was pardoned upon his confession, and 
from thenceforth served the queen faithfully. Huntly, ad- 
vertised of these things, was advised by his friends to turn 
back ; yet hearing the earl of Murray was coming against 
him, he made a stay, resolving to fight. 

The place of standing he choosed was naturally fenced with 
moss and quagmire, and so of difficult access. Three hundred 
they were in all, for many of his followers the night preced- 
ing were slipt from him. Neither had the carl of Murray 
any great number, and few whom he might trust : for how- 
beit, of the country about, divers gathered unto him, most of 
them were corrupted by Huntly, as appeared when the 
companies came in sight one of another, all of them, in sign of 
treason, and that they might be discerned by the enemy, 
putting a bush of heath or heather in their helmets, and how 
soon they came to join, giving back, and retiring in great 
disorder. The earl of Murray, who stood a little off with 
an hundred in a troop, discovering the treason, called aloud 
to his men, that they should bend their spears, and not suffer 
them that fled to enter amongst them. So forced to take 
another course, they went aside, leaving him and his troop 
where they had taken their standing. Huntly imagining 
upon that flight and disorder the day to be his, commanded 
his men to throw away their lances, and with drawn swords 
to run upon them as to a slaughter. But when they were 
come to the place where Murray with his company stood, 
they were borne back and compelled to fly as fast as before 
they followed. They who had played the traitors seeing 
this, to clear themselves, turned upon Huntly, and made all 
the slaughter which was committed that dav. 



A, D. 1563.] CHURCH OF SCOTLAND. 23 

There fell in the conflict, on Huntly's side, a hundred and 
twenty, near as many were taken prisoners; on the other 
party not a man died. Amongst the prisoners was the earl 
of Huntly himself, with two sons, John and Adam Gordon. 
The earl was aged and corpulent, and, b}^ reason of the 
throng that pressed liim, expired in the hands of his takers ; 
the rest were carried to Aberdeen late in the night. The 
earls of Murray, Morton, and Lord Lindsay (for these last 
two had been in the field with ]\Iurray), went first into the 
church, where Mr John Craig, minister of that city, gave 
solemn thanks to God for the victory and their safety. This 
ended, they went unto the queen, who received them gra- 
ciously, yet expressed no motion of a mind either troubled or 
much joyed. The next day was spent in taking counsel 
concerning the prisoners ; the conclusion whereof was, that 
punishment should be taken, according to the laws, of John 
Gordon ;• that Adam his brother should be spared, because 
of his tender age ; the other captives fined according to their 
wealth, and those of meaner estate banished the country. 
The day following, John Gordon, upon a scaffold erected in 
the street of Aberdeen, was pubUcly executed. His death 
was much lamented, not by his friends only, but even by 
strangers and persons unknown ; for he was a youth of most 
brave and manlike countenance, of a valorous spirit, and one 
who by his noble behaviour had raised great expectation of 
himself. Abused he was with the hopes of a royal match, 
and, which grieved all the beholders, pitifully mangled by an 
unskilful executioner. 

This defeat of Huntly brought the north parts in a great 
obedience, and mightily discouraged those of the popish fac- 
tion throughout the whole realm ; for all that sort had placed 
their hopes on him and his greatness both in the court and 
country. The eldest of his sons, named George, after the 
loss of that field, fled to the duke his father-in-law, and was 
delivered by him to the queen, who sent him prisoner to 
Dunbar. In the end of January he was accused and con- 
victed of treason, his lands declared to be forfeited, and him- 
self committed to prison. Shortly after, John Hamilton, 
archbishop of St Andrews, was committed in the castle of 
Edinburgh, for saying and hearing of mass. The abbot of 
Crossraguel and prior of Whithern were used in the like 



24 THE HISTORY OF THE [a. D. 15G3. 

sort, and divers priests and monks for the same cause 
censured. The severe proceeding against papists put many 
in hope that the queen should be brought to embrace the 
reUgion ; which was farther assured by the countenance 
she gave unto the Church in the parhament kept at Edin- 
burgh the May following, wherein divers statutes passed 
upon their petitions, as in the acts of that time may be seen. 
In this parliament was the act of obHvion (agreed unto at the 
treaty of Lcith) first ratified ; but without any respect to 
that treaty, which the queen would never acknowledge. 
Wherefore it was advised that the lords in the house of 
parhament should, upon their knees, entreat the passing of 
such an act, which accordingly was done. The rest of this 
summer the queen spent in hunting in the countries of Athole 
and Argyle. 

But in August the same year there happened a thing that 
was like to have caused much trouble. Certain of the 
queen's family that remained in the palace of Halyrudhouse 
had a priest attending them, who did his ordinary service 
in the chapel ; divers of the town of Edinburgh resorting 
unto it, great offence was taken, and the disorder complained 
of by the preachers. The citizens being informed that many 
of their people were gone thither, one day went down, and 
being denied entry, forced the gates. Some were taken 
and carried to prison, many escaped by the back way 
with the priest himself. The uproar was great, and ad- 
vertisement going to the queen thereof, she was mightily 
incensed, avowing not to come to the town till some ex- 
emplary punishment were inflicted upon the doers ; yet by 
the mediation of the earls of Murray and Glencarne she was 
pacified. John Knox only was called before the council, 
and charged to have been the author of that sedition, as 
hkewise for convocating the subjects by his missive letters 
whensoever he thought meet. He answered, that he was 
never a preacher of rebellion, nor loved he to stir up tumults ; 
contrariwise, he taught all people to obey their magistrates 
and princes in God. As to the convocation of the subjects, 
he had received from the Church a command to advertise 
his brethren when he saw a necessity of their meeting, 
especially if he saw religion to be in peril ; and had often 
craved to be exonerated of that burden, but still was 



A. D. 1564.] CHURCH OF SCOTLAND. 25 

refused. Then directing his speech to the queen with a 
wonderful boldness, he charged her in the name of the 
almighty God, and as she desired to escape his heavy wrath 
and indignation, to forsake that idolatrous religion which 
she professed, and by her power maintained against the 
statutes of the realm. And as he was proceeding, he was 
required by the earl of Morton then chancellor (fearing the 
queen's irritation) to hold his peace, and go away. After 
which time matters were carried more peaceably betwixt 
the queen and the Church, the eai4 of Murray always in- 
terposing himself, and proponing the petitions of the 
Church unto her, as likewise returning her answers to their 
satisfaction. 

In the end of this year Matthew Stewart, earl of Lennox, 
by the permission of the queen, returned into Scotland, and 
in a parliament called to that effect in January next had the 
process of forfeiture laid against him, whilst the duke was 
governor, reduced, and so restored to his lands and posses- 
sions, after twenty-two years' exile. Henry his son followed 
him some months after, and came to Edinburgh in the be- 
ginning of February ; a young man not past twenty-one 
years, of comely personage, and of a mild and sweet 
behaviour. He had presence of the queen in the place of 
Wemyss, and was received with great demonstrations of 
favour. Nor was it long that she was perceived to bear 
some affection unto him ; whereupon a speech went that 
she would take him unto her husband. And indeed, besides 
the love she' carried to the young nobleman, there were 
great respects that led her that way. He was descended of 
the royal blood of England, and next unto herself the apparent 
heir of that crown. If it should fall him to marry with one 
of the great families of England, it was to be feared that 
some impediment might be made to her In the right of suc- 
cession, which she thought was a wise part in her to prevent. 
Again, the queen of England had advised her by Thomas 
Randolph her ambassador, to choose unto herself a husband 
in England, for the better conservation of the peace con- 
tracted betwixt the kingdoms, and had of late recommended 
the earl of Leicester as a worthy match to her. She there- 
fore, as well to satisfy the queen of England's desire, in not 
matching with a stranger, but with some Englishman born, 



26 THE HISTORY OF THE [a. D. 1564. 

as likewise to cut off all debates of succession, resolved to 
take the nobleman to her husband. 

But no sooner was her intention discovered, than on all 
sides enemies rose up against her. Of the nobility at home 
some opposed the marriage under pretext of religion, for the 
earl of Lennox and his son Avere both esteemed to be popish. 
The queen of England, by Nicholas Throgmorton her am- 
bassador, advised her not to use haste in a business of that 
importance ; and (to interpose some impediment) charged 
the earl of Lennox and his son to return into England, the 
time being not yet expired contained in their licenses. And 
universally amongst the subjects the question was agitated, 
whether the queen might choose to herself an husband ; or if 
it were more fitting that the Estates of the land should ap- 
point one unto her. Some maintaining, that the liberty 
could not be denied unto her which was granted to the 
meanest subject ; others excepting, that in the heirs of 
kingdoms the case was different, because they, in assuming 
an husband to themselves, did withal appoint a king over 
the people ; and that it was more reason the whole people 
should choose an husband to one woman, than that one woman 
should elect a king to rule over the whole people. It was 
objected also by some that the marriage was unlawful and 
contrary to the canon law. Lady Margaret Doughis his 
mother being sister uterine to King James the Fifth her 
father. But for this the queen had provided a remedy, 
having sent William Chisholm, bishop of Dunblane, to briug 
a dispensation from Rome. And, to strengthen herself at 
home, she restored George Gordon, son to the carl of 
Huntly, unto his lands and honours, recalled the earl of 
Sutherland who lived an exile in Flanders, and Bothwell 
that was banished in France. This wicked man was not 
well returned into the country, when he devised a new 
plot against the earl of Murray his life, for which being 
called in question he forsook the country, and fled again 
unto France. 

The only man that seemed to stand for the marriage, and 
used his best means to promote it, was an Italian called 
David Rizio, who had great credit at that time with the 
queen. This man had followed the Savoyan ambassadoi' into 
Scotland, and in hope of bettering his fortune gave himself to 



A. D. 1564.] CHURCH OF SCOTLAND. 27 

attend the queen at first in the quality of a musician ; after- 
wards growing in more favour, he was admitted to write her 
French letters, and in the end preferred to be principal 
secretary to the Estate. It grieved many to see a stranger 
thus advanced. Lethington chiefly was displeased, for that 
he found his credit this way impaired ; yet being one that 
could put on any disguise on his nature, of all others he 
most fawned on this Italian, and showing him, as it was 
truth, that he was the object of divers noblemen's envy, did 
persuade him by all means to work the match, and procure, 
if it could be, the consent of the queen of England thereto ; 
wherein offering his own service (for he longed after some 
employment abroad), he procured to himself a message to- 
wards the queen of England. By him the earl of Lennox 
and his son did excuse their not returning into England as 
they were charged ; beseeching Queen Elizabeth's favour 
unto the match intended, as that which might prove more 
profitable to her and her realm than any other course the 
Scottish queen should take. 

Seigneur Davie (for so he was commonly called) did after 
this labour with all his power to have the marriage perfected ; 
and as he was of a politic wit, the more to bind the young 
nobleman and his friendship unto him, studied to have the 
same finished before the return of the queen of England's 
answer ; either fearing that her disassent might work some 
delay in the match, or that the nobleman's obligation to 
himself should be the less in case she consented. For this 
purpose a convocation of the Estates was kept at Stirling 
in the month of May ; where the matter being proponed, and 
the advice of the Estates craved, many did yield their con- 
sents, with a provision that no change should be made in the 
present estate of religion. The greater part, to gratify the 
queen, without making any exception, agreed that the 
marriage should proceed. Of the whole number Andrew, 
lord Ochiltrie, did only oppose, plainly professing that he 
would never consent to admit a king of the popish religion. 
Shortly after was Henry, lord Darnly, created lord of 
Ardmanoch, earl of Ross, and duke of Rothesay, that hon- 
oured with these titles he might be thought more worthy of 
the royal match. This determination of the Estates published, 
the earls of Murray, Argyle, Gleucarne, and Rothes, assisted 



28 THE HISTORY OF THE [a. D. 1564. 

by the duke of Chatelherault, whom they had drawn to be 
of their faction, meeting at StirUng after that the queen 
was parted, did join in a confederacy for resistmg the mar- 
riage, pretending the danger of rehgion and other inconveni- 
ences that might arise to the Estate. In the town of 
Edinburgh the people began to mutiny, and assembling 
themselves in companies on St Leonard's Craigs, took counsel 
to put their burgesses in arms, to assign them captains, and 
to disarm such of the townsmen as they knew to be affected 
to the marriage. 

The queen, highly incensed at this mutiny, did haste to 
the town, at whose coming the heads of the faction, Andrew 
Slater, Alexander Clerk, Gilbert Lauder, William Harlaw, 
Nicoll Rind, James Inglish, James Young, and Alexander 
Guthrie fled forth of the town, and were denounced rebels. 
Their houses possessed by the treasurer, and their goods put 
under inventory, were, after some few days, at the interces- 
sion of the magistrates (so great was the queen's clemency) 
restored, and themselves pardoned. 

The Assembly of the Church meeting at the same tim in 
Edinburgh, presented to the queen by their commissioners 
the petitions following : — 

1. That the papistical and blasphemous mass, with all 
popish idolatry, and the pope's jurisdiction, should be uni- 
versally suppressed and abolished through the whole realm, 
not only amongst the subjects, but in the queen's majesty's 
own person and family ; and such as were tried to transgress 
the same, punished according to the laws. 

2. That the true religion presently received should be 
professed by the queen as well as by the subjects ; and 
people of all sorts bound to resort upon the Sundays at 
least to the prayers and preaching of God's word, as in former 
times they were holden to hear mass. 

3. That sure provision should be made for sustentation of 
the ministry, as well for the time present as for the time to 
come, and their livings assigned them in the places where 
they served, or at least in the parts next adjacent ; and that 
they should not be put to crave the same at the hands of 
any others. That the benefices now vacant, or that have 
fallen void since the month of March 1558, and such as should 
happen thereafter to be void, should be disponed to persons 



A. D, 1564.] CHURCH OF SCOTLAND. 29 

qualified for tlie ministry, upon trial and admission by the 
superintendents. 

4. That no bishopric, abbacy, priory, deanry, provostry, 
or other benefice having more churches than one annexed 
thereto, should be disponed in time coming to any one man, 
but that the churches thereof being dissolved, the same should 
be provided to several persons, so as every man having 
charge may serve at his own church, according to his voca- 
tion. That glebes and manses might be designed for the 
residence of ministers, as likewise the churches repaired ; and 
an act made in the next parliament to that effect. 

5. That none should be permitted to have charge of 
schools, colleges, and universities, or to instruct the youth 
either privately or publicly, till they were tried by the 
superintendents in the visitation of the churches, and after 
trial admitted to their charge. 

6. That all lands founded of old to hospitality should be 
restored, and applied to the sustentation of the poor ; and 
that all lands, annual rents, or other emoluments belonging 
sometime to the friars of whatsoever order, as likewise the 
annuities, altarages, obits, and other duties pertaining to 
priests, be employed to the same use, and to the upholding 
of schools in the places where they lie. 

7. That horrible crimes abounding in the realm, such as 
idolatry, blasphemy of God's name, manifest violation of the 
Sabbath or Lord's day, witchcraft, sorcery and enchantment, 
adultery, incest, open whoredom, maintaining of brothels, 
murder, slaughter, theft, reifs and oppression, with all other 
detestable crimes, be severely punished, and judges appointed 
in every province for executing the same. 

8. That some order should be devised for the relief of the 
poor labourers of the ground, who are oppressed in their 
tithes by leases set over their heads, and they thereby forced 
to take unreasonable conditions. 

To these petitions the queen made answer by writing in 
this sort. First, she said, that where it was desired that 
the mass should be suppressed and abolished as well in her 
majesty's own person and family as amongst the subjects, her 
highness did answer for herself, that she was no ways per- 
suaded that there was any impiety in the mass ; and trusted 
her subjects would not press her to do against her conscience. 



30 THE UISTOUY OI' THE [a. D. 1564. 

For, not to dissemble, but to deal plainly with them, she said, 
that she neither might nor would forsake the rehgion wherein 
she had been educated and brought up, believing the same to 
be the true rehgion, and grounded upon the word of God. 
Besides she knew that if she should change her religion, it 
would lose her the friendship of the king of France, and other 
great princes, her friends and confederates, upon whose dis- 
pleasure she would be loath to hazard, knowing no friend- 
ship that might counter value theirs. Therefore desired all 
her loving subjects, who have had experience of her goodness, 
how she had neither in times past, nor yet in time coming 
did intend, to force the conscience of any person, but to per- 
mit every one to serve God in such manner as they are 
persuaded to be the best, that they likewise would not urge 
her to any thing that stood not with the quietness of her 
mind. 

As to the estabhshing the rehgion in the body of the realm, 
she said, that they knew the same could not be done but 
by the consent of the three Estates in parliament : and how 
soon the same should be convened, whatsoever the Estates did 
condescend unto, her majesty should thereto agree ; assuring 
them in the meanwhile, that none should be troubled for 
using themselves in religion according to their consciences, 
and so should have no cause to fear any peril to their lives 
or heritages. 

To the third and fourth articles it was answered, that 
her majesty did not think it reasonable that she should de- 
fraud herself of so great a part of the patrimony of the crown 
as to put the patronages of benefices forth of her own hands, 
seeing the public necessities of the crown did require a great 
part of the rents to be still retained. Notwithstanding, her 
majesty was pleased that, her own necessities being supplied, 
after it should be considered what might be a reasonable sus- 
tentation to the ministers, a special assignation should be 
made to them forth of the nearest and most commodious places, 
wherewith her majesty should not intermeddle, but suffer 
the same to come to their use. 

Toucliing the sustentation of the poor, her majesty said, 
that her liberality towards them should be as far extended 
as with reason can be required. 

And for the rest of the articles, her highness promised to 



A. D. 1564.] CHURCH of Scotland. 31 

do therein as the Estates convened in parliament should 
appoint. 

About the midst of July (the dispensation of the marriage 
being brought from Rome) the queen was espoused to the 
Lord Darnly after the popish manner in the chapel of 
Halyrudhouse, by the dean of Restalrig ; and the next day 
was he by the sound of the trumpet proclaimed king, and de- 
clared to be associated with her in the government. 

The discontented lords sent forth their complaints upon 
this, alleging, that the kingdom was openly wronged, the 
liberties thereof oppressed, and a king imposed upon the 
people without advice and consent of the Estates, (a thing not 
practised before at any time, and contrary to the laws and 
received custom of the country,) desiring therefore all good 
subjects to take the matter to heart, and join with them in 
resisting these beginnings of tyranny. But few or none 
were thereby won to show themselves openly of their party, 
so as when the queen with her husband went against them, 
they left the town of Stirling, where they first convened, 
and fled into Paisley. 

The king, to make himself more popular, and take from 
the lords the pretext of religion wherewith they coloured 
their designs, took purpose to go unto St Giles's church in 
Edinburgh, and hear sermon. John Knox (either doubting 
his sincerity or favouring the faction of the noblemen) fell 
upon him with a bitter reproof ; for which bemg cited before 
the queen and council, he not only stood to that he had 
spoken, but added, that, as the king for her pleasure had 
gone to mass and dishonoured the Lord God, so should he 
in his justice make her the instrument of his ruin. The 
queen, incensed with this answer, burst forth into tears, 
whereupon he was inhibited preaching by the council, and 
silenced for some months. Mr John Craig (who a httle be- 
fore was brought to Edmburgh), because of the prohibition 
given to his colleague, refused to do any service there, which 
put the people in a stir ; 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 



32 THE HISTORY OF THE [a. D. 1504. 

denied to render, giving out that they would try the matter 
in battle 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 
find assistance, the captain of the castle forced them by his 
continual playing on the town to quit it. After which they 
took their course to Dumfries, allured by the fair promises 
of John Maxwell, lord Herries. 

A new expedition upon this was concluded, and the lieges 
warned to meet at Biggar the ninth of October. In the 
mid time the king and queen, leaving the earl of Lennox 
lieutenant in the west parts, made a progress through Fife, 
to punish those that had assisted the lords. The lairds of 
Grange, Balcomie, Pitmillie and Ramornie were fugitive, 
some others of meaner sort taken prisoners, and the towns of 
Perth, Dundee, and St Andrews fined in great sums. This 
done they returned to Edinburgh, and from thence went into 
Dumfries, where the lords had staid aU that while. The 
Lord Herries pretending to make their peace, concluded his 
own, advising them to fly into England, as they did. Thither 
went the duke of Chatelherault, the earls of Murray, Glen- 
carne, and Rothes, the Lord Ochiltrie, the commendatory of 
Kilwinning, and divers others of good note. A few days 
they abode in Carlisle with the earl of Bedford, lieutenant at 
that time in the north. Then going to Newcastle, they sent 
the earl of Murray to the English court, to entreat the 
queen's intercession for them. She incontinent despatched 
a gentleman of her privy-chamber, named Tamworth, with 
letters to the queen of Scots, requesting that Murray and 
the rest might be received into 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 efi'ect : 
That Queen Elizabeth should do well to have no meddling 
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 easy, resolved to sever his cause from the rest, and 
sent the abbot of Kilwinning to entreat favour to himself and 



A. D. 1564.] CHURCH or SCOTLAND. 33 

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 month a General 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 sub- 
jects 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 unpersuaded of the 
truth of that religion which they preached and professed, it 
being the same which Christ Jesus had revealed to the world, 
which he commanded his apostles to preach, and ordained to 
be received of all the faithful, and firmly retained by them 
until his second coming ; a religion that had God the Father, 
his only Son Christ Jesus, and the Holy Spirit for the authors 
thereof, and was most clearly grounded upon the doctrine 
and practice as well of the prophets as apostles, which no 
other religion upon the face of the earth could justly allege 
or prove. For whatsoever assurance the Papist had or 
could allege for his profession, the same the Turk had for his 
Alcoran, and the Jews more probably might allege for their 
rites and traditions, whether it be antiquity of time, or con- 
sent of people, or authority of princes, or multitudes and 
numbers of professors, or any the like cloaks they do pretend. 
Wherefore in the name of the eternal God (with the rever- 
ence that became them), they required her highness to use 
the means whereby she might be persuaded 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 disceptation with the adversaries, which they were 
ready to offer, when and where her grace should think ex- 



Next, where she could not beheve 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 im- 
piety, and that the priest his action, the opinion which the 
hearers or rather the gazer upon it had of the same, were 

VOL. n. 3 



34 THE HISTOKY OF THE [a. D. 1564. 

blasphemous and grossly idolatrous." And where her ma- 
jesty said, " That if she should alter her religion, she should 
lose the friendship of France and other princes with whom 
she was confederated ;" they to the contrary did assure her, 
" That true religion is the only bond that joineth men with 
God, who is the King of kings, and hath the hearts of all 
princes in his hands, whose favour ought to be unto her more 
precious than the favour of all the princes on earth, and with- 
out which no friendship or confederacy could possibly endure." 
Thirdly, touching her answer to the article for sustenta- 
tion of the ministry, they show, " It was never their mean- 
ing, that her majesty or any other patron should be defrauded 
of their just rights. Only they desired, when any benefice 
was void, that a qualified person should be presented to the 
superintendent of the bounds, to be tried and examined by 
him. For as the presentation belongeth to the patron, so 
doth the collation pertain to the Church. Otherwise, were 
it in the patrons' power simply to present whom they pleased, 
without trial or examination, there should be no order in the 
Church, and all be filled with ignorance and confusion." 

Fourthly, to that which her majesty spake of retaining a 
great part of the benefices iu her own hand, they answered, 
" That such doing was against the law both of God and man, 
and could not stand with a good conscience, seeing it tendeth 
to the destruction of many poor souls that by this means 
should be defrauded of instruction." And for the offer she 
made to provide the ministry by assignations in places most 
commodious, her own necessities being first supphed, they 
said, " That good order did require ministers first to be 
provided, schools for instructing the youth maintained, the 
fabric of churches repaired and uphold, and the poor and in- 
digent members of Christ sustained ; all which ought to bo 
furnished out of the tithes, which are the proper patrimony 
of the Church. These things done, if any thing were re- 
maining, that her majesty and council might uso it as they 
should think expedient." In end, giving thanks to her 
majesty for the offer of assignations, they humbly desired the 
general offer to be made more particular, and that it might 
please her to reform the answer given to the articles of the 
Church in all the aforesaid points. 

After this sort did the Church insist with the queen, but 



A. D, 1565.] CHURCH OF SCOTLAND. 35 

•with small success. For the provision of ministers some small 
supply was obtained, but in the point of rehgion they found 
no contentment. During the rest of this winter matters were 
quiet, but the next year had a foul beginning. Seigneur 
Davie, who governed all affairs at court, and had only the 
queen's ear, bemg slain upon the occasion, and after the 
manner you shall hear. There had fallen out, a little before, 
some private discontents betwixt the king and queen, where- 
upon first she caused change the order which was kept in the 
proclamations and public records, placing the name of her 
husband after her own name, that the royal authority might 
be known to belong unto herself wholly. And after a little 
time, upon a colour that the despatch of business Avas 
much hindered through the king's absence, she had ap- 
pointed, instead of his hand, a cachet to be used in the sign- 
ing of letters, which was committed to the custody of Seigneur 
Davie. This being noted (as there are never wanting some 
in court to stir the coals), divers tales were brought to the 
Idng of the neglect and contempt that he was held in, and of 
the great respect carried to the stranger. The vanity and 
arrogancy of the man himself was likewise so great, as not 
content to exceed the chief of the court, he would outbrave 
the king in his apparel, in his domestic furniture, in the num- 
ber and sorts of his horses, and in every thing else, so as no 
speech was for the time more common and current in the 
country than that of Davie's greatness, of the credit and 
honour whereunto he was risen, and of the small account 
that was taken of the king. This the king taking to heart, 
he did open his grief unto his father, who advised him to 
assure the nobihty at home and to recall those that were 
banished into England, which done, he might easily correct 
the insolency and aspiring pride of that base fellow. 

A parhament being then called to meet at Edinburgh the 
twelfth of March, for pronouncing sentence of forfeiture 
against the earls of Murray, Glencarne, Argyle, Rothes, and 
the other noblemen that were fled into England, as the time of 
meeting drew nigh, the queen laboured earnestly to have the 
process laid against them found good, and that matters 
might go to her mind, she designed Davie to exercise the 
office of chancellor in that meeting. The earl of Morton, 
who after Huntly's death had suppHed the place unto that 



36 THE HISTORY OF THE [a. D. 15G5. 

time, inter jjre ting this as a disgrace offered unto him, dealt 
with the king (with whom he was grown familiar), to make 
him sensible of his own contempt and misregard ; and find- 
ing him apprehensive enough tliat way, drew him to a meet- 
ing in the Lord Ruthven's lodging, upon pretext of visiting 
the nobleman who lay then diseased ; where breaking forth 
in a speech of the present misgovernment, the blame of all 
was cast upon the king as having for the pleasure of a 
wicked villain chased his cousins and best friends out of the 
realm, and helped to raise a base fellow to such a height of 
credit as now himself was become by him despised. The 
king, that could not deny it to be his fault in a great part, 
professed his readiness to join with them for remedying those 
evils, and from thenceforth promised to do nothing but by 
the consent of the nobility. Yet they not esteeming it safe 
to trust his promises, whom they knew to be facile and some- 
what uxorious, lest afterwards he should go from that agree- 
ment, did exhibit to him a bond in writing, wherein they were 
all sworn to join for maintaining rehgion, reducing the noble- 
men lately exiled, and making Davie out of the way. Unto 
tills the king did willingly set his hand, and with him sub- 
scribed the earl of Morton, the Lords Ruthven and Lindsay, 
for he also was present and upon the plot. 

The night following, because matters could not be long kept 
close, and needful itAvas to go presently through with the de- 
signby reason of the parhament approaching, they prepared to 
execute the same. Morton, whose forces were greatest, was 
appointed to guard the outer court of the palace, if perhaps 
any stir should be made. For there lodged within, the carls 
of Huntl}^ Athole, Bothwell, Sutherland, and Caithness, 
with the Lords Fleming and Livingstone, a force to have re- 
sisted any sudden attempt. The Icing taking the Lord Ruth- 
ven with him, who Avas but lately recovered of a fever, and fol- 
lowed with four or five men at most, entered into the room 
where the queen sat at supper. Ruthven seeing Davie at 
the table (for the queen was accustomed when she supped pri- 
vate to admit others to sit by her, and that night the countess 
of Argyle, and beneath her Davie was placed), commanded 
him to arise and come forth, for the place where he sat did 
not beseem him. 

The queen, starting up hastily, went between Davie and 



A. D. 1565.] CHURCH OF SCOTLAND. 37 

Ruthven to defend him ; and Davie clasping his hands about 
her middle, the king laboured to loose them, willing her not 
to be afraid, for that they were come only to take order with 
that villain. But he, loath to quit his defence, one of the 
company held a pistol at her, which made him forsake his 
grip. Then was he dragged down the stairs to the gallery 
where Morton with his company was walking. There they 
fell upon him, and striving who should give the first stroke, 
killed him with many wounds. 

It was constantly reported that he had warning given him 
oftener than once by John Damiott, a French priest, who was 
thought to have some skill in magic, to do his business and 
be gone, for that he could not make good his part ; and that 
he answered disdainfully, " The Scots are given more to 
brag than to fight." Some few days again before his death, 
being warned by the same priest to take heed of the bastard, 
he replied, " That whilst he lived, the bastard should not 
have credit in Scotland to do him any hurt." For he took 
the earl of Murray to be the man of whom he was advertised 
to take heed. But that prediction either fulfilled or eluded, 
the first stroke was given him by George Douglas, base son 
to the earl of Angus ; after whom such others as were in 
place, either serving their private malice or desiring to be 
esteemed associates m that conspiracy, inflicted every man 
his wound, till he was despatched. Yet had they no com- 
mandment from the contrivers so to kill him, it being their 
purpose to have brought him to public execution, which they 
knew would have been to all the people a most grateful 
spectacle. And good it had been for them so to have done, 
or then to have taken him in another place and at another 
time, than in the queen's presence. For besides the great 
peril of abortion which her fear might have caused, the false 
aspersions cast upon her fame and honour by that occasion 
were such as she could never digest, and drew on all the 
pitiful accidents that afterwards ensued. The queen burst- 
ing forth in many tears, after a great chiding she kept with 
the Lord Ruthven, sent one of her maids to inquire what was 
become of Davie, who, quickly returning, told that he was 
killed ; having asked her how she knew it, the maid an- 
swered that she had seen him dead. Then the queen, wipino- 
her eyes with her handkerchief, said, "No more tears ; I will 



38 THE HISTORY OF THE [a. D. 1565. 

think upon a revenge." Neither was she seen after that 
any more to lament. 

The rumour of this deed ran soon through the town, where- 
upon the people did arm and go to the palace. But they 
were pacified by the king, who, calling to them from a 
window, showed that the queen and he were well, and that 
they needed not to fear, because that Avhich was done was 
done by his own commandment. The noblemen that lodged 
within the palace were charged to keep within their cham- 
bers ; yet the Lords Huntly and Bothwell escaped the same 
night by a window at the back of the palace. Athole and the 
rest had Ucense to depart the next morning. Upon Tuesday 
thereafter (for the slaughter was committed upon Saturday 
the ninth of March), the earls of Murray and Rothes, with 
those that were exiled in England, returned to Edinburgh ; 
and going first to the parliament-house, took documents 
that they were ready to answer the summons of forfeiture 
directed against them, and that none did insist to pursue. 

In this doubtful estate of things, the queen, not knowing 
whom to trust, sent for her brother the carl of Murray, 
and having conferred familiarly a while with him, by his 
means had her servants and guards restored ; for after the 
slaughter they were all put from her. The night following 
she went from the palace to Seaton, and from thence to 
Dunbar, taking the king with her in company ; who repent- 
ing the fact, and forsaking the other conspirators, did openly 
by sound of trumpet at the market-cross of Edinburgh pro- 
test his innocency, denying that ever he gave his consent to 
any thing, but to the returning of the lords that were ban- 
ished in England. Yet was the contrary known to all men, 
so as this served only to the undoing of his reputation, and 
made him find few or no friends thereafter to aid him in his 
necessity. 

Upon the queen's departing, the conspirators and whoso- 
ever were thought privy thereto, fled some to England, 
others to the borders and higldands, and such a change you 
should have seen, as they who the night preceding did vaunt 
of the fact as a goodly and memorable act, affirming, some 
truly, some falsely, that they were present thereat, did on 
the morrow forswear all that before they had affirmed. The 
earl of Morton, with the Lords Ruthven, Lindsav, and 



A. D. 1565,] CHURCH OF SCOTLAND. 39 

young Lethington, remained at Newcastle in England, where 
the Lord Ruthven falling again in the fever, departed this 
life. Mr James Macgill, clerk of register, with divers citi- 
zens of Edinburgh that were esteemed favourers of the fact, 
left the town and lurked privately amongst their friends. 
After some four days' stay at Dunbar, the queen returned 
to Edinburgh, accompanied with many of the nobihty, and 
then began inquisition to be made for the murderers. Thomas 
Scot, sheriif-deputo of Perth, and servant to the Lord Ruth- 
ven, with Sir Henry Yair, sometime a priest, being appre- 
hended, were after trial hanged and quartered. William 
Hai'law and John Mowbray, burgesses of Edinburgh, con- 
victed and brought to the place of execution, had their lives 
spared by the intercession of Bothwell. The lairds of Cal- 
der, Ormiston, Halton, Elphingston, Brunston, Whitting- 
ham, Shirrefshall, and many others being cited as conscious 
of the murder, for not appearing, were denounced rebels. 
The office of the clerk -register was conferred upon Sir James 
Balfour, and a conclusion taken in council that they who 
should be tried to have either devised or to have been actual 
committers of the said murder, should be pursued by order 
of justice, and the same executed with all severity : but that 
the commons and others that came to the palace accidentally, 
should upon their supplication be used with more clemency. 
In all this proceeding there was none more earnest or for- 
ward than the king ; notwithstanding whereof the hatred of 
the fact lay heavy upon liim, nor could he ever after this time 
recover his former favour with the queen. The rest after a 
httle time were reconciled ; Lethington by the means of 
Athole was first called home, albeit Bothwell did strongly 
oppose it. The barons dressed for themselves, by means of 
their friends that were in credit. Morton and Lindsay in 
the winter following were pardoned at the request of the 
earls of Huntly and Argyle. 

Now the time of the queen's lying in drew nigh ; where- 
upon the council meeting to advise upon the place where her 
majesty should stay, made choice of the castle of Edinburgh, 
as the part most commodious, and ordained the earl of Arran, 
who was there kept prisoner, to be removed to the castle of 
Hamilton, with liberty to travel by the space of two miles 
about, providing he should do nothing to the prejudice of his 



40 THE HISTORY OF THE [a. D. 1560. 

house, and enter himself upon twenty days' warning in the 
castles of Edinburgh, Dunbar, and Dumbarton, or any of 
them ; for observance whereof the earls of Murray and 
Glencarne became sureties. 

The queen at her first entry into the castle did feast the 
nobility, and made them all friends. Argyle, JNIurray, and 
Athole had lodgings assigned them within the castle ; Huntly, 
Bothwell, and others of the nobihty remained in the town. 
The nineteenth of June, betwixt nine and ten of the clock in 
the evening, she was brought to bed of a son, to the exceed- 
ing joy of the subjects, for which the nobles and whole 
people, assembled the next day in the church of St Giles, 
gave solemn thanks to God. Presently was Su* James 
Melvil sent to carry the news to the queen of England, who 
to congratulate her safe and happy delivery sent Sir Henry 
Kilhgrew to Scotland by post. The Assembly of the Church, 
convened the same time in Edinburgh, sent the superin- 
tendent of Lothian to testify their gladness for the prince's 
birth, and to desire that he should be baptized according to 
the form used in the Reformed Church. To this last she 
gave no answer ; otherwise the superintendent and his com- 
mission were graciously accepted. The queen calling to 
bring the infant, that the superintendent might see him, he 
took him in his arras, and faUing upon his knees conceived a 
short and pithy prayer, which was very attentively heard 
by her : having closed his prayer, he spake to the babe, and 
willed him to say Amen for himself ; which she took in so 
good part, as continually afterwards she called the superin- 
tendent her Amen. This story told to the prince when he 
came to years of understanding, he always called him his 
Amen ; and whilst he lived did respect and reverence him 
as his spiritual father. 

The queen waxing strong went by water to Alloa, a 
house pertaining to the carl of Mar, and kept private a 
few days. In that place brake out first her displeasure 
against the king her husband ; for he following her thither, 
was not suffered to stay, but commanded to be gone ; and 
when at any time after he came to court, his company was 
so loathsome unto her, as all men perceived she had no 
pleasure nor content in it. Such a deep indignation had 
possessed her mind, because of the disgrace oftered to her in 



A. D. 1566.] CHURCH OF SCOTLAND. 41 

the slaughter of her servant Davie, the envy whereof was 
all laid upon the king, as she could never digest it. 

Secretary Lethington (who by his subtle flatteries was 
crept again into favour) did wickedly foster this passion, by 
putting in her head a possibihty of divorce from the king, 
which he said was an easy work, and a thing that might be 
done, only by abstracting the pope's dispensation of their 
marriage ; and the Earl Bothwell (a man sold to all wicked- 
ness) did likewise by himself and by his instruments (of whom 
Sir James Balfour Avas the chief) take all occasions to incense 
her, and, by exaggerating the king's ingratitude towards 
her, wrought her mind to an hatred implacable. 

In the beginning of October the queen went to Jedburgh, 
to keep some justice courts, where she fell dangerously sick : 
the king coming there to visit her, had no countenance given 
him, and was forced to depart. At her return from the 
borders, being in Craigmillar, Lethington renewing the pur- 
pose of divorce in the hearing of the earls of Argyle and 
Huntly, did persuade her to take some course for her 
separation from the king, seeing they could not live together 
in Scotland with security. The queen asking him how that 
could be done without some blemish to her honour, he re- 
plied, that none would think ill of her part therein, she being 
so ungratefully used by him ; but that all might know the mur- 
der of Davie to have been his fact, her majesty should do well 
to pardon the lords that were fled to England, and call them 
home. " Nay," said the queen, " I will rather have matters 
to continue as they arc, till God remedy them." Yet within 
few days Morton and Lindsay were recalled at the entreaty 
of the earls of Argyle and Huntly, as was touched before. 

Preparation was then making for the baptism of the prince, 
who about the end of August had been transported to Stir- 
ling. To honour this solemnity the Count de Briance was 
sent ambassador from the French king, Monsieur le Croke 
from the duke of Savoy, and the earl of Bedford from the 
queen of England, who brought with him a font of gold 
weighing two stone weight, with a basin and laver for the 
baptism. At the day appointed for the solemnity (which 
was the fifteenth^ of December) they all convened in the 

' [The proper date of the baptism, however, is the seventeenth, according to 
Knox and Bishop Keith. The latter author says " this was the 1 7 day of the month ; 



42 THE HISTORY OF THE [a. D. 15GG, 

castle of Stirling. The prince was carried by the French 
ambassador, walking betwixt two ranks of barons and gentle- 
men that stood in the way from the chamber to the chapel, 
holding every one a priket of wax in their hands. The earl 
of Athole went next to the French ambassador, bearing the 
great sierge of wax. The earl of Eglinton carried the salt, 
the Lord Sempill the rude, and the Lord Ross the basin and 
laver : all these were of the Roman profession. In the entry 
of the chapel, the prince was received by the archbishop of 
St Andrews, whose collaterals were the bishops of Dunkeld, 
Dunblane, and Ross : there followed them the prior of 
Whithern, sundry deans and archdeans, with the gentlemen 
of the chapel, in their several habits and copes. The coun- 
tess of Argyle by commission from the queen of England did 
hold up the prince at the font, where the archbishop did ad- 
minister the baptism with all ceremonies accustomed in the 
Roman Church, the spittle excepted, which the queen did 
inhibit. The earl of Bedford entered not in the chapel dur- 
ing the service ; and without the doors stood all the noble- 
men professors of the reformed religion. The rites per- 
formed, the prince was proclaimed by his name and titles, 
Charles James, prince and Stewart of Scotland, duke of 
Rothesay, earl of Carrick, lord of the Isles, and baron of 
Renfrew. Then did the music begin, which having con- 
tinued a good space, the prince was again conveyed to his 
chamber. 

It was night before the solemnity took end, for it was 
done in the afternoon. The feasting and triumphal sports 
that followed were kept some days Avitli exceeding cost and 
magnificence ; yet the content the people received thereby 
was nothing so great as their offence for tlie king's neglect ; 
for neither was he admitted to be present at the baptism, nor 
suffered to come unto the feast. To some his ill disposition 
was given for an excuse ; others more scornfully were told 
that his fashioners had not used the diligence they ought in 

so that I was led into tho mistake of fixing this solemnity to the loth day by tho 
proclamation emitted on the M, which I reckoned to have been precisely the day 
before tho baptism, especially since Archbishop Spottiswood gives the 15th for 
the day. But this sure instruction contained in this letter (Irom Mon. lo Croc, 
the French ambassador in Scotland, to the Archbishop of Glasgow) by naming 
the day of the week, is an undoubted testimony for Mr Knox, who relateth that 
the prince was baptized on the 17th of December."— Keith, p. vii.— E.] 



A. D. 1566.] CHURCH OF SCOTLAND. 43 

preparing his appai-el. Meanwhile the ambassadors had a 
watchword given them, not to see nor salute him. And such 
of the nobility as were known to bear him any favour, or out 
of their compassion did vouchsafe him a visit, were frowned 
upon by the court. His father advertised of these things, 
sent for him to come unto Glasgow, where he then remained ; 
but scarce was he past a mile from Stirling, when a vehe- 
ment pain seized on all the parts of his body, which at his 
coming to Glasgow was manifestly perceived to proceed of 
poison that treacherously had been ministered unto him : for 
through all his body brake out bUsters of a bluish colour, 
with such a dolour and vexation in all his parts, as nothing 
but death was a long time expected. Yet his youth and 
natural strength vanquishing the force of the poison, he 
began a little to convalesce, and put his enemies to other 
shifts, wherein shortly after (but to their own undoing) they 
prevailed. 

The report of what passed at Stirling coming to Edin- 
burgh, where the Assembly of the Church was then gathered, 
did greatly offend the better sort ; yet nothing grieved 
them so much, as a commission granted to the archbishop of St 
Andrews, whereby he was reponed to his ancient jurisdiction in 
confirming testaments, giving collation to benefices, and other 
such things as were judged in the spiritual courts. The As- 
sembly taking this greatly to heart, ordained a supplication 
to be made to the nobihty and lords of secret council, " pro- 
fessing Christ with them, and who had renounced the Roman 
Antichrist," (I use the words of the superscription) for imped- 
ing the said commission, and letting it to take effect. In 
this supplication they said, " That the causes judged in these 
courts did for the most part pertain to the true Church; 
and that howsoever, in hope of some good effect to have fol- 
lowed, the Church had overseen the commission granted by 
the queen in these matters to men who for the greater 
number were of their own profession, they would never be 
content that he, whom they knew to be an enemy to Christ 
and his truth, should exerce that jurisdiction, seeing under 
the colour thereof he might usurp again his old authority, 
and take upon him the judgment of heresy, in which case 
none could be ignorant Avhat his sentence would be : where- 
fore their desire was, the queen should be informed that this 



44 THE HISTORY OF THE [a. D. 1566. 

was a violation of the laws of the realm, and the setting up 
again of the Roman Antichrist, whose authority and usurped 
power in an open and free parliament had been condemned, 
which her majesty also at her first arriving into this realm, 
and since that time by divers proclamations, had expressly 
forbidden to be acknowledged. Hereof, they said, if their 
honours should plainly and boldly admonish the queen, using 
that reverence which was due from subjects, and doing 
nothing in a tumult, they did persuade themselves she would 
do nothing against justice, and that such tyrants should not 
dare once to appear in judgment. But howsoever matters 
went, they humbly craved to understand their minds, and 
what they would do, if it should happen such wolves to in- 
vade the flock of Christ." This was the sum of the suppUca- 
tion. I find not what answer it received, nor that the bishop 
made any use of his commission ; but the change it seems which 
shortly after happened in the state did quite frustrate the same. 
Master Knox being Ucensed at this time to visit his sons 
who were following their studies at Cambridge, did move the 
Assembly to write unto the bishops of England in fiivour of 
some preachers, who were troubled for not conforming them- 
selves to the orders of that church. Because it will appear 
by the letter in what esteem our reformers did hold the 
Church of England, and how far they were from accounting 
the government thereof antichristian, I thought meet to 
insert the same word by word. 

" The Supermtendent&, Ministers, and Commissioners of the 
Church within the Realm of Scotland, to their Brethren the 
Bishops and Pastors of England, who have renounced the 
Roman Antichrist, and do pro/ess with them the Lord 
Jesus in sincerity, wish the increase of the Holy Spirit. 

" By word and writing it is come to our knowledge, 
reverend pastors, that divers of our brethren (amongst 
whom some be of the best learned within that realm) are 
deprived from all ecclesiastical function, and forbidden to 
preach, and so by you are stayed to promove the kingdom of 
Jesus Christ, because their conscience will not suffer them to 
take upon them at the commandment of the authority, such 
garments as idolaters in time of blindness have used in their 



A. D. 1566.] CHURCH OF SCOTLAND. 45 

idolatrous service ; which rumour cannot but be most dolo- 
rous to our hearts, considering the sentence of the apostle, 
* If ye bite and devour one another, take heed ye be not con- 
sumed one of another.' We purpose not at the present to 
enter into the question, which we hear is agitated with 
greater vehemency by either party than well hketh us, to 
wit, whether such apparel is to be accounted amongst things 
indifferent or not : but in the bowels of Jesus Christ we crave, 
that Christian charity may so far prevail with you, that are 
the pastors and guides of Christ's flock iu that realm, as ye 
do not to others that which ye would not others did unto you. 

" Ye cannot be ignorant how tender a thing conscience is, 
and all that have knowledge are not alike persuaded. Your 
conscience stirs not with the wearing of such things, but 
many thousands both godly and learned are otherwise per- 
suaded, whose consciences are continually stricken with these 
sentences ; ' What hath Christ to do with BeHal ? what fel- 
lowship is there betwixt Ught and darkness ?' If surplice, 
corner-cap, and tippet have been the badges of idolaters in 
the very act of their idolatry, what have the preachers of 
Christian liberty and the rebukers of superstition to do with 
the dregs of that Romish beast ? yea, what is he that ought 
not to fear, either to take in his hand or forehead the print 
and mark of that odious beast ? 

" Our brethren that refuse such unprofitable apparel do 
neither damn nor molest you who use such vain trifles : if ye 
shall do the like to them, we doubt not therein you shall 
please God, and comfort the hearts of many, wliich are 
wounded with the extremity used against those godly breth- 
ren. Colour of rhetoric or human persuasion we use none, 
but charitably we desire you to call to mind the sentence of 
St Peter, ' Feed the flock of God which is committed to your 
charge, caring for it, not by constraint, but willingly ; not as 
being lords of God's heritage, but being examples to the 
flock.' We farther desire you to meditate upon that sentence 
of the apostle, ' Give not offence, either to the Jews, or to 
the Grecians, or to the Church of God.' In what condition 
ye and we both travail for the promoving of Christ's king- 
dom, ye are not ignorant ; therefore we are the more bold 
to exhort you to deal more wisely than to trouble the godly 
for such vanities. For all things which seem lawful edify 



46 THE HISTOUY OF THE [a. D, 1566. 

not. If the commandment of the Authority urge the con- 
sciences of you and your brethren farther than they can 
bear, we pray you remember that ye are called ' the light of 
the world, and the salt of the earth.' All civil authority 
hath not ever the light of God shining before their eyes in 
their statutes and commandments, but their affections savour 
too much sometimes of the earth, and of worldly wisdom. 
Therefore we think that ye ought boldly oppone yourselves, 
not only to all power that dare extol itself against God, but 
also against all such as dare burden the consciences of the faith- 
ful, farther than God hath burdened them in his own word. 

" But we must confess our offence, in that we have entered 
in reasoning farther than we purposed and promised in the 
beginning. Now therefore we return to our former humble 
suppUcation, which is, that our brethren who amongst you 
refuse these Romish rags may find of you, who are prelates, 
such favour, as our head and master commandeth every one 
of his members to show to another : which we look to receive 
of your humanity, not only because ye will not offend God's 
majesty in troubhng of yoiu' brethren for such vain trifles, 
but also because ye will not refuse the humble request of us 
your brethren and fellow-preachers ; in whom albeit there 
appear no worldly pomp, yet we suppose ye will not so far 
despise us, but that ye will esteem us in the number of those 
that fight against the Roman Antichrist, and travail that the 
kingdom of Jesus Christ may be every where advanced. The 
days are evil, iniquity aboundeth, and charity (alas !) is waxed 
cold. Therefore ought we to watch the more chligently, for 
the hour is uncertain when the Lord Jesus shall appear; be- 
fore whom ye, your brethren, and we must give an account of 
our administration. And thus in conclusion we once again 
crave favour to our brethren ; which gi'anted, ye shall com- 
mand us in the Lord things of double more importance. The 
Lord Jesus rule your hearts in his true fear unto the end, 
and give unto you and us victory over that conjured enemy of 
all true religion, the Roman Antichrist, whose wounded head 
Satan by all means labourcth to cure again ; but to destruc- 
tion shall he and all his maintainors go by the power of our 
Lord Jesus, to whose mighty protection we heartily commit 
you. From our General Assembly at Edinburgh the twenty- 
seventh of December, 1566." 



A. D. 1567.] CHURCH OF SCOTLAND. 47 

To quiet the ministers, who were daily complaining of 
their lack of provision, the court made offer to the same As- 
sembly of certain assignations for their present relief ; which 
were accepted under protestation, that the same should not 
prejudge their right to the tithes, nor be accounted as a 
satisfaction for the same. For those they held to be the 
proper patrimony of the Church, and so justly belonging 
thereto, as that they ought not to be paid to any others, 
under whatsoever colour or pretext. But this protestation 
availed not, only it showeth what was the judgment of the 
Church in that time concerning tithes. 

The queen, in January following, went to visit the king, 
who lay sick at Glasgow. After some complainings he made 
of her unkiudness, and a little chiding they kept for discon- 
tents passed, they did so lovingly reconcile, as the king, 
though he was not as yet fully recovered, was content to be 
transported to Edinburgh, and had a lodging prepared in a 
remote place of the town, for his greater quiet, as was pre- 
tended. But he had not stayed there a fortnight, when 
Bothwell, having conspired his murder, did come upon him 
in the night, as he lay asleep, and strangled him with one of 
his cubiculars that lay in the chamber by him. The murder 
committed, the two corpses were carried forth at a gate in 
the town wall, and laid in an orchard near by, and thereafter 
the house blown up with powder ; the noise whereof did 
awake those that were sleeping in the farthest parts of the 
town. The queen, not gone as yet unto her rest, convened 
the noblemen that lodged within the palace, and by their ad- 
vice sent Bothwell with some others to inquire what the 
matter was (for he was returned to his chamber before the 
blowing up of the house, having left some to fire the train 
when he was past and gone away). Many of all sorts did 
accompany him to the place, where finding the body of the 
king naked, only the upper part covered with his shirt, the 
rest of his apparel and even his pantofles near by him, each 
one making a several conjecture, Bothwell would have it be- 
lieved, that the violence of the powder had carried his body 
forth at the roof of the house unto that place. But this was 
against all sense, for not a bone of his whole body was either 
broken or bruised, which must needs have been after such a 
violent fall. Nor could it be perceived that either the corpse 



48 THE HISTORY OF THE [a. D. 1567. 

or garments were once touched with the powder. So it was 
manifest that his body and all were laid there by the hands 
of men. Bothwell returning, showed the queen what a 
strange thing had happened, admiring how it could be, and 
who they were had committed the murder. She hearing 
it, retired to a private room, and went presently to bed. 

Now he had provided some to carry the news unto the 
borders, and to give out that the earls of Murray and JSIorton 
were the chief contrivers of the murder : which rumour went 
current in England for a while. Yet ere a long time passed 
all was laid open, and he known to have been the principal 
actor himself. Proclamations were made promising large 
sums of money to those that would detect the murderers : 
whereunto the next night by a placard affixed on the mar- 
ket-cross answer was made, " That if the money should be 
consigned into the hands of an indifferent person, the mur- 
derers should be revealed, and the delator set to his name, 
and justify his accusation." No notice being taken of this 
offer, voices were heard in the dark of the night, crying, that 
Bothwell had murdered the king. Some drawing his portrait 
to the life, set above it this superscription, " Here is the 
murderer of the king," and threw the same into the streets. 
And there were some that in all the public places of the 
town affixed the names of the murderers, the principal as 
well as the accessaries. For the principal they named 
Bothwell ; as accessaries. Sir James Balfour, and Gilbert 
Balfour' his brother, Mr David Chalmers, Black Mr John 
Spence, Seigneur Francis, Sebastian, John do Burdeaux, and 
Joseph the brother of Davie ; which last four were of the 
queen's household. These things did so offend the court, as, 
neglecting the trial of the murder, they fell to inquire of the 
drawers of these portraits and the authors of the libels. All 
the painters and writers were called for dignoscing the letters 
and draughts. When nothing could be tried, to provide for 
afterwards against the like, by a new edict it was made 
capital to disperse libels for defiiming 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 Lennox, whilst these things were a-doing, 

' [See note to this Book.— E.] 



A. D. 1567.] CHURCH OF SCOTLAND. 49 

ceased not to solicit the queen by his letters for taking trial 
of the murder, without delaying the same unto the time of 
parliament, as she had purposed. Particularly he desired 
the earl of Both well, and others named in the libels and 
placard affixed on the door of the senate-house, to be appre- 
hended, and the nobility assembled for their examination. 
Bothwell, perceiving that he was now openly attached, did 
offer himself to trial, for which the twelfth of April was 
assigned, and the earl of Lennox cited by the justice to pur- 
sue according to the delation he had made. In the mean 
time, to fortify himself, he got the castle of Edinburgh in his 
custody, upon the earl of Mar his resignation, placing 
therein Sir James Balfour, whom he especially trusted. The 
earl of Mar for his satisfaction had the prince delivered in 
his keeping, and carried unto Stirling, where the earl then 
lay heavily sick. 

The diet appointed for the trial being come, and the court 
fenced as use is, Bothwell was empannelled. The earl of 
Lennox bemg called, compeared Robert Cuniugham, one of 
his domestics, who presented in writing the protestation fol- 
lowing. " My lords, I am come hither, sent by my master my 
lord of Lennox, 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 hon- 
our, and for the surety of life, as was needful in respect of 
the greatness of his party. 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 assize and inquest of these that are entered 
on pannel this day, shall cleanse the said persons of the murder 
of the king, that it shall be wilful error, and not ignorance ; 
by reason it is notourly known that these persons did com- 
mit that odious murder, as my lord my master allegeth. 
And upon this my protestation I require an instrument." 

The justice, by the advice of the noblemen and barons ap- 
pointed to assist him in that judgment, did, notwithstanding 
the said protestation, grant process, whereupon the noble- 



50 THE HISTORY OF THE [a. D. 1567- 

men chosen for the jury were called. These were Andrew 
earl of Rothes, George earl of Caithness, Gilbert earl of 
Cassils, Lord John Hamilton, commendator of Abcrbrothock, 
James lord Ross, Robert lord Scmpill, Robert lord Boyd, 
John lord Herries, Laurence lord Oliphant, John master of 
Forbes, with the lairds of Lochinvar, Langton, Cambus- 
nethan, Barnbougle, and Boyne. The earl of Cassila 
excused himself, offering the penalty which by the laAv they 
pay that refuse to pass upon assize, but could not obtain 
himself freed, the queen threatening to commit him in 
prison ; and when he seemed nothing terrified therewith, 
commanding him under pain of treason to enter and give liis 
judgment with the rest. Thus were they all sworn and 
admitted, as the manner is ; after which Bothwell being 
charged with the indictment, 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 
Caithness their chancellor, declared him acquit of the murder 
of the king, and of all the points contained in the indictment, 
with a protestation, that seeing neither her majesty's ad- 
vocate had insisted in the pursuit, nor did Robert Cuning- 
ham, commissioner for the earl of Lennox, bring any evidence 
of Bothwell's guiltiness, neither yet was the indictment 
sworn by any person, and that they had pronounced ac- 
cording to their knowledge, it should not be imputed to 
them as wilful error which they had delivered. Mr David 
Borthwick and Mr Edmund Hay, who in the entry of the 
court were admitted as his prolocutors, asked instruments 
upon the jury's 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 indictment as they had formed it ; seeing he waa 
accused of a murder committed on the ninth day of Feb- 
ruary, whereas the king was slain upon the tenth of that 
month. But he for a farther clearing of himself set up a 
paper in the most conspicuous place of tlie market, bearing, 
that albeit he had been acquitted in a lawful justice-court of 
that odious crime laid unto his charge ; yet to make his in- 
nooency the more manifest, he was ready to give trial of 
the same in single combat with any man of honourable birth 



A. D. 15G7.] CHURCH OF SCOTLAND. 51 

and quality that would accuse him of the murder 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 profess his name. 

The thirteenth of April a parhament was kept for restor- 
ing the earl of Huntly and others to their estates and hon- 
ours, 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 an- 
swering, that the parliament was called for that only business, 
and that they should have satisfaction given them at some 
other time. The parliament being broke up. Both well in- 
viting the noblemen to supper did Hberally feast them ; and 
after many thanks for their kindness, fell in some speeches 
of the queen's marriage, showing the hopes he had to com- 
pass it, so as he might obtain their consents. Some few to 
whom he had imparted the business beforehand made offer 
of their furtherance ; the rest fearing to refuse, and suspect- 
ing one another, set all their hands to a bond, which he had 
ready formed to that purpose. 

A few days after, feigning an expedition into Liddisdale, 
he gathered some forces, and meeting the queen on the way 
as she returned from Stirling, whither she had gone to 
visit her son, he took her by way of rape and led her to the 
castle of Dunbar. No men doubted but this was done by 
her own liking and consent ; yet a number of noblemen con- 
vening at Stirling, lest they should seem deficient in any 
sort of their duties, sent to ask whether or not she was there 
wiUingly detained : for if she was kept against her will, they 
would come with an army and set her at liberty. She an- 
swered, " That it was against her will that she was brought 
thither, but that since her coming she had been used so 
courteously, as she would not remember any more that 
injury." 

Now this rape (as afterwards came to be known) was de- 
vised to secure the murderers of the king. For it being held 
sufficient, by a custom commonly received, that in remissions 
granted for crimes committed, the most heinous fact being 
particularly expressed, others of less moment might be com- 



52 THE HISTORY OF THE [a. D. 1567. 

prehendcd in general words, they were advised to pass a re- 
mission for violence offered to the queen, and the laying of 
hands upon her person, then to subjoin, " And for all other 
crimes and nefarious acts whatsoever," under which clause 
they esteemed the murder of the king might be comprised, 
which otherwise was neither safe for them to express, nor 
could the queen with her honour pardon. Thus did they 
think both that Both well himself should be secured, and 
safety to all his partakers in the murder. 

Whilst the queen was detained at Dunbar, a divorce was 
sued for Both well from Lady Jean Gordon, his wife, in two 
several courts. In the one sat, by commission from the 
archbishop of St Andrews, Robert, bishop of Dunkeld, 
William, bishop of Dunblane, Mr Archibald Crawford, 
parson of Eaglesham, Mr John Manderston, canon of the 
college church of Dunbar, Mr Alexander Chrichton and 
Mr George Cooke, canons of the church of Dunkeld ; in the 
other court Mr Robert Maitland, Mr Edward Henryson, 
Mr Alexander Sim, and Mr Clement Little, judges constitute 
by the queen's authority in all causes consistorial : and in 
both courts was the sentence of divorce pronounced, but upon 
divers grounds. In the archbishop's court, sentence was 
pronounced upon the consanguinity standing betwixt Both- 
well and his wife at the time of her marriage, they mutually 
attinging others in the fourth degree, and no dispensation 
granted by the pope for consummating the same. In the 
other court the sentence was grounded upon adultery com- 
mitted by him, which these judges held to be the only law- 
ful cause of divorce. Both the processes were posted, and 
such festination made in them as in the space of ten days they 
were begun and concluded. 

The divorce passed, the queen came to the castle of Edin- 
burgh, and the next morning Bothwell sent to ask his bans 
with the queen. The reader, John Cairnes, whose office it 
was, did simply refuse ; thereupon, Mr Thomas Hepburn 
was directed to the minister, Mr John Craig, to desire him 
to publish the same. The minister likewise refusing, as 
having no warrant from the queen, and for that the rumour 
went that she was ravished and kept captive by Bothwell, 
upon Wednesday thereafter the justice-clerk came unto him 
with a letter signed by the queen, wherein she declared that 



A. D. 1567.] CHURCH OF SCOTLAND. 53 

she was neither ravished nor detained captive, and therefore 
willed him to publish the bans. His answer was, " That he 
could ask no bans, especially such as these were, without the 
knowledge and consent of the Church." The matter being mo- 
tioned in the session of the Church, after much reasoning kept 
with the justice-clerk, it was concluded that the three next 
preaching days the queen's mind should be intimated to the 
people. 

The minister protested, " That in obeying their desire it 
should be lawful to him to declare his own mind touching the 
marriage, and that he should not be tied by that asking of 
their bans to solemnize the same." The first preaching day 
falUng to be Friday, in the hearing of divers noblemen and 
counsellors, he showed what he was enjoined to do ; " That 
he held the marriage betwixt the queen and Bothwell un- 
lawful, whereof he would give the reasons to the parties 
themselves, if he might have hearing ; and if this was denied, 
he said, that he would either cease from proclaiming their 
bans, or declare the cause of his disallowance in the hearing 
of all the people." 

The same day, at afternoon, being called before the coun- 
cil, and required by Bothwell to show what reason he had 
to oppose his marriage, he answered, " First, that the Church ■ 
had in the last Assembly inhibited the marriage of persons 
divorced for adultery. Next, he alleged the divorce from 
his wife to have proceeded upon collusion betwixt them, 
which appeared, as he said, by the precipitation of that sen- 
tence, and the contract made, so suddenly after his divorce, 
with the queen. Thirdly, he laid to his charge the rape of 
the queen, and the suspicion of the king's murder, which 
that marriage would confirm." For these reasons he most 
gravely admonished them to surcease and leave that course, 
as he would eschew the wrath and indignation of Almighty 
God. He desired also the lords there present to advertise 
the queen of the infamy and dishonour that would fall upon 
her by that match, and to use their best means to divert her 
from it. 

The Sunday following, publicly he declared what he had 
spoken in council, and that it seemed to him they would pro- 
ceed in the marriage, what mischief soever should ensue. 
" For himself," he said, " that he had already liberated his 



54 THE HISTORY OF THE [a. D. 1567. 

conscience, and yet again would take heaven and earth to 
record, that he abhorred and detested that marriage as scan- 
dalous and hateful in the sight of the world. But seeing the 
great ones, as he perceived, did approve it, either by their 
flattery or by their silence, he would beseech the faithful to 
pray fervently unto God, that he might be pleased to turn 
that which they intended against law, reason, and good 
conscience, to the comfort and benefit of the Church and 
realm." These speeches offended the court extremely ; 
therefore they summoned him to answer before the council, 
for passing the bounds of his commission, and calling the 
queen's marriage scandalous and hateful before the world. 
He appearing, confessed the words, but denied that he had 
exceeded the bounds of his commission ; " For the bounds," 
said he, " of my commission, they are the word of God, 
good laws, and natural reason ; and by all three I will make 
good that this marriage, if it proceed, will be hateful and 
scandalous to all that shall hear of it." As he was proceed- 
ing in his discourse, Bothwell commanded him silence, and 
thus was he demitted. 

Not the less of this opposition the marriage went on, and 
■was celebrated the fifteenth of May by Adam, bishop of 
Orkney, in the palace of Halyrudhouse, after the manner of 
the Reformed Church.' Few of the nobihty were present 
(for the greater part did retire themselves to their houses in 
the country), and such as remained were noted to carry heavy 
countenances. Monsieur le Crock the French ambassador, 
being desired to the feast, excused himself, thinking it did 
not sort with the dignity of his legation to approve the mar- 
riage by his presence which he heard was so universally 
hated. His master the French king, as likewise the queen 
of England, had seriously dissuaded the queen from the same 
by their letters : but she, led by the violence of passion, and 
abused by the treacherous counsels of some about her, who 
sought only their own ends, would hearken to no advice given 
her to the contrary. Yet was it no sooner finished than the 
ill fruits thereof began to break out. For the wonted accla- 
mations and good wishes of the people were no more heard 
when she came in public; and divers that had set their 
hands and seals to the marriage, fell now openly to condemn 
' [See note at the end of this Book, on the bishop of Orkney.— E.] 



A. D. 1567.] CHURCH OF SCOTLAND. 65 

it, " as that which ministered too just a suspicion that she 
was consenting to the death of the king her husband." 

The earl of Athole, immediately after the murder of the 
king, had forsaken the court, and lived at home, waiting 
some occasion to be revenged of the doers ; and now esteem- 
ing it fit to show himself, he came to Stirling, where, in a 
meeting of noblemen that were desired to come thither, upon 
his motion a bond was made for the preservation of the young 
prince, lest Bothwell getting him in custody, should make 
him away ; as no man doubted he would, as well to advance 
his own succession, as to cut off the innocent child, who in all 
probability would one day revenge his father's death. 

The principals of this combination were the earls of Argyle, 
Athole, Morton, Mar, and Glencarne, with the Lords Lind- 
say and Boyd. But Argyle, out of a facility (which was 
natural unto him), detected all their counsels to the queen ; and 
the Lord Boyd, with great promises, was won to the adverse 
party. Bothwell, suspecting some insurrection, advised the 
queen, for saving her reputation in foreign parts, to acquaint 
the French king and her kinsmen of the house of Guise with 
her marriage, and the reasons thereof, desiring them, since 
that which was done could not be again undone, to favour 
her husband no less than they did herself. And to this effect 
the bishop of Dunblane was sent into France with letters to 
all her friends. 

Neither did he omit to do at home what he thought might 
serve to fortify himself; for divers noblemen and barons were 
invited to court, and at their coming sohcited to enter into 
bond for the defence of the queen and Bothwell, who should 
on the other part be obliged to protect them in all their 
affairs. Some of these being wrought to the purpose, did 
set their hands willingly to the bond : the rest, though they 
would gladly have shunned it, yet because they held it dan- 
gerous to refuse, subscribed in like sort. Only the earl of 
Murray, of all that were called, denied to enter in any bond 
with the queen ; it being neither lawful for him, as he said, 
nor honourable for her, whom in all things it was his duty to 
obey. Concerning Bothwell, he said, " That he was recon- 
ciled unto him by the queen's mediation, and would faithfully 
keep all that he had promised ; but to enter in bond with 
him or any other, he did not think it the part of a good 



56 THE HISTORY OF THE [a. D. 1567. 

subject." Shortly after this he obtained leave, howbeit not 
without some difficulty, to go into France ; " for he saw troubles 
breeding in which he loved not to have a hand." 

How soon he was gone, choice was made of a new council, 
and the archbishop of St Andrews, with the Lords Ohphant 
and Boyd, received into the number : for their better and 
more easy attendance, they had their times of waiting par- 
ticularly assigned. 

The earls of Crawford, ErroU, and Cassils, with the bishop 
of Ross, and the Lord Oliphant, were appointed to begin, 
and attend from the first of June to the sixteenth of July. 
The earls of Morton and Rothes, with the bishop of Gallo- 
way and the Lord Fleming, were to succeed, and remain 
from the sixteenth of July to the penult of August. After 
them the archbishop of St Andrews, the earls of Argyle and 
Caithness, with the Lord Herries, to the fifteenth of October. 
And from that day to the first of December, the earl of 
Huntly (who was then created chancellor), the earls of 
Athole, Marshall, and Lord Boyd, were appointed to wait. 
At which time Crawford and Erroll were again to begin, and 
the rest to follow in their order for the same space, so as 
during the whole year the councillors should be tied to the 
attendance of three months only. It was always provided, 
that so many of the forenamed persons as happened to be at 
court should, during their abode, notwithstanding of their 
several assignments, be present with the others ; and that it 
should be lawful for the queen to adjoin at any time such as 
she thought worthy of that honour. The same day a pro- 
clamation was given out, declaring all writings purchased 
from the queen, for permitting papists to use the exercise of 
their rehgion, to make no faith ; her majesty being no way 
minded to violate the act made at her first arrival, and often 
since that time renewed in favours of the true rehgion. But 
this did not repress the murmurs of the people, for which it 
was specially intended. 

Wherefore some few days after, the queen by Bothwell's 
persuasion, taking purpose to visit the borders, and having 
charged the subjects to accompany her thither with a provi- 
sion for fifteen days, according to the custom, it was publicly 
rumoured that these forces were gathering for some other 
business, and that the intention was, to have the prince her 



A. D. 1567.] CHURCH OF SCOTLAND. 57 

son in her own custody, and taken out of the earl of Mar 
his hands. So as a new declaration came forth, " To certify 
the people of her good affection, and that she never meaned 
to make any novations in the kingdom by altering the laws 
thereof, nor do any thing in the public affairs, but by the 
advice of the noblemen of her council. And for her son, as 
she had trusted him to such a governor as other princes in 
former times were accustomed to have, so her motherly care 
for his safety and good education should be made apparent 
to all." But no regard was had to these declarations, and 
the noblemen who had combined themselves at StirHng taking 
arms, and being assisted by the Lord Home, environed on 
the sudden the castle of Borthwick, wherein the queen and 
Bothwell were then remaining : yet their companies not 
sufficing to enclose the house (for A thole did not keep the 
diet), Bothwell first escaped, and after him the queen dis- 
guised in man's apparel fled to Dunbar. 

The lords upon their escape retired to Edinburgh, where 
they expected the rest of their forces would meet. There 
lay in the town at that time by the queen's direction, the 
earl of Huntly, the archbishop of St Andrews, the bishop of 
Ross, the abbot of Kilwinning, and the Lord Boyd. How 
soon they heard of the lords coming, they went to the street, 
offering themselves to conduct the people, and to assist them 
in the defence of the town; but they found few or none 
wilUng to join with them, and the people's affections wholly 
inchniug to the lords. The magistrates gave order to shut 
the gates, but no farther resistance was made ; so as the 
lords entering by the gate called St Mary Port, which was 
easily broke up, they made themselves masters of the town. 
Huntly and the rest taking their refuge to the castle, were 
received by the keeper (Sir James Balfour, a man much 
trusted by Bothwell), though at the same time he was treat- 
ing with the lords for delivering the castle into their hands. 

The next day, being the twelfth of June, the lords gave out 
a proclamation, wherein they declared, " That the earl of 
Bothwell havhig put violent hands on the queen's person, 
warded her highness in the castle of Dunbar, and retaining 
her in his power, had seduced her, being destitute of all 
counsel, to an unhonest and unlawful marriage with himself, 
who was known to have been the principal author, deviser, 



58 THE HISTORY OF THE [a. D. 1567. 

and actor in the cruel murder committed upon the late king's 
person ; and that he was daily gathering forces, and strength- 
ening himself by all means, of purpose, as appeared, to get 
in his hands the young prince, that he might murder him in like 
sort as he had done his father ; which the nobility of the realm 
had resolved to withstand, and to deliver the queen out of 
his bondage. Therefore did they charge all and sundry the 
lieges within the kingdom to be in readiness upon three 
hours' warning, to assist the said noblemen for delivering the 
queen from captivity, and bringing the said earl and his 
complices to underly the trial and punishment of law for the 
foresaid murder. Commanding all such as will not join with 
the said noblemen, to depart forth of the town of Edinburgh 
within four hours after the pubhcation made, under the pain 
to be reputed as enemies," &c. 

But the queen having escaped, as we showed, there re- 
sorted to her from all quarters numbers of people, so as 
within few hours she had an army about her of four thou- 
sand men and above, a force sufficient to oppose the enter- 
prisers. The lords, on the other side, were cast into many 
difficulties ; for the heat of the common sort of people being 
quickly cooled, as ordinarily it happeneth, and the greater 
part of the nobility being either enemies, or behaving them- 
selves as neuters, few of them came to offer their assist- 
ance : yea had they been never so many, lacking munition 
and other necessary provisions for the besieging of forts, 
they saw no way to attain to their purpose ; whereupon 
they began to think of dissolving their forces and quitting 
the enterprise, at least for that time. But the resolution 
which the queen took altered their counsels, and gave them 
the opportunity they wished for. She, partly confiding in 
her power and numbers, and partly animated by a sort of 
flatterers who made her believe that the lords would flee 
upon the first bruit of her coming, resolved to march with 
her army to Leith : whereas nothing had been so much to 
her advantage as a little protracting of time ; for had she re- 
mained three days longer at Dunbar, the lords without all 
peradventure had retired every one to his home. But 
where mutations are destined, the worst^ counsels seem ever 
the best, and are most readily embraced. 

Being advanced so far as Gladsmuir, (where she caused 



A. D. 1567.] CHURCH OF SCOTLAND. 59 

muster her forces,) a proclamation was made, bearing, " That 
a number of conspirators having discovered their latent 
mahce borne to her and the duke of Orkney her husband, 
after they had failed in apprehending their persons at Borth- 
wick, had made a seditious proclamation, to make people be- 
lieve that they did seek the revenge of the murder of the 
king her late husband, and the relieving of herself out of 
bondage and captivity, pretending that the duke her husband 
was minded to invade the prince her son ; all which were 
false, and forged inventions, none having better cause to re- 
venge the king's death than herself, if she could know the 
authors thereof. And for the duke her present husband, he 
had used all means to clear his innocency ; the ordinary 
justice had absolved him, and the Estates of parliament ap- 
proved their proceedings, which they themselves that made 
the present insurrection had likewise allowed. As also he 
had oifered to maintain that quarrel against any gentleman 
on earth undefamed, than which nothing more could be re- 
quired. And as to her alleged captivity, the contrary was 
known to the whole subjects, her marriage with him being 
publicly contracted, and solemnized with their own consents, 
as their hand-writs could testify. Albeit to give their treason 
a fair show, they made now a buckler of the prince her son, 
being an infant, and in their hands ; whereas their intention 
only was to overthrow her and her posterity, that they 
might rule all things at their pleasure and without control- 
ment. Seeing, therefore, no wilfulness nor particularity, but 
very necessity had forced her to take arms for defence of her 
life, as her hope was to have the assistance of all her faithful 
subjects against those unnatural rebels, so she doubted not 
but such as were already assembled, would with good hearts 
stand to her defence ; considering especially the goodness of 
her cause, promising them in recompense of their valorous 
service the lands and possessions of the rebels, which should 
be distributed according to the merit of every man." 

This proclaimed, the army did set forward, the queen 
lodging that night in Seaton. A little before midnight word 
was brought to the lords in Edinburgh of the queen's ap- 
proach, who without^ long suspense made to their armour. 
And at sun-rising, putting themselves in order, they marched 
directly to Musselburgh, a village two miles distant from 



60 THE HISTORY OF THE [a. D. 1567. 

Preston. There they refreshed themselves with food and 
a little rest, for the queen's camp was not as yet stirring. 
About the midst of the day the horsemen who were sent to 
observe when the queen's army did advance, brought word 
that they were marching. The lords thereupon made haste, 
and drawing their companies forth of the village, ranged 
them in two battles. The first was conducted by the earl of 
Morton and the Lord Home ; the second by the earls of 
Athole, Mar, and Glencarne, the Lords Lindsay, Ruthven, 
Sempill, and Sanquhar, with the lairds of Drumlanrig, TuUi- 
bardine, Cessford, Grange ; and divers others of good sort 
were assisting, in number not much inferior to the queen's 
army, and in this superior, that the most part of them were 
gentlemen practised and of good experience in war. The 
queen stood with her army on the top of the hill called 
Carberry hill, which the lords, because of the ascent where- 
with it riseth, could not come at in a direct course, but to 
their great disadvantage ; wherefore they incUned a little to 
the right hand, both to find a more plain way, and to get 
the sun in their backs, when they should come unto the fight. 
This deceived the queen, who supposed they were flying 
towards Dalkeith, a little village pertaining to the earl of 
Morton ; but when they were past the strait of the hill, and 
that she saw them making directly to the place where she 
with her army stood, she perceived her error. 

The French ambassador, seeing them ready to join, in- 
terposed himself, and coming to the lords, desired that 
matters might be composed without bloodshed, for the good 
of both parties ; saying, that he found the queen peaceably 
inclined, and disposed both to forgive the insurrection they 
had now made, and to forget all by-past offences. The earl 
of Morton replied, " That they had taken arms, not against 
the queen, but against the murderer of the king, whom if she 
would deliver to be punished, or then put him from her com- 
pany, she should find nothing more desired of them and all 
other subjects, than to continue in their dutiful obedience to- 
wards her ; otherwise no peace could be made. Neither are 
we come," said he, " to ask pardon for any offence that we 
have done, but rather to give pardon to those that have of- 
fended." The ambassador perceiving this to be their resolu- 
tion, and judging it reasonable which they required, but 



A. D. 1567.] CHURCH OF SCOTLAND. 61 

not like to be obtained, took his leave and departed to 
Edinburgh. 

During the treaty of the French ambassador, the queen's 
army keeping within the trenches that the English of old 
had made, Bothwell advanced himself upon a strong and 
lusty horse, appealing any one of the adverse party to single 
combat. James Murray, brother to Tullibardine, (he that 
before had offered himself to fight, but suppressing his name, 
as we shewed), made answer that he would accept the chal- 
lenge. Bothwell refusing to hazard with him, as not being 
his equal in honour and estate, William Murray his eldest 
brother made offer to take his place, saying, that in wealth 
he was not inferior to Bothwell, and for the antiquity of his 
house and honesty of reputation, he esteemed himself more 
than his equal ; yet he likewise was refused, as being a 
knight only, and of a lower degree. Divers noblemen did 
thereupon offer themselves ; the Lord Lindsay especially 
shewed a great forwardness, desiring he might be permitted 
to try himself with Bothwell, which he would take as a 
singular honour, and esteem it as a recompense of all bis 
service done to the state. Here whenas Bothwell could not 
honestly shift the combat, the queen interposing her authority 
did prohibit him to fight. Thereafter taking a view of the 
army on horseback, and encouraging them to battle, she 
found Both well's friends and followers very desirous to fight; 
but in the rest there appeared no such wiUingness, some 
saying that the battle would prove dangerous to the queen, 
because howsoever gentlemen were ready to hazard them- 
selves, the commons, who were the greatest number, seemed 
not to be so disposed, nor well affected to the cause. Others 
more plainly declaring their minds, said that it were much 
better that Bothwell should defend his own quarrel by com- 
bat, than to expose the queen and so many gentlemen to 
peril. And there were some that counselled to delay the 
battle to the next day, for that the Hamiltons were said to be 
coming, who would greatly increase her forces. 

All these things the queen heard impatiently, and bursting 
forth in many tears, said, they were but cowards and traitors. 
After which, perceiving divers of the army to steal away, 
she advised Bothwell to look to his own safety, for she would 
render herself to the noblemen. Then sending for William 



62 THE HISTORY OF THE [a. D. 1567. 

Kirkcaldy of Grange, she talked with him a good space, and 
when she thought Bothwell was past all danger, went with 
him to the lords, unto whom she spake on this manner. 
" My lords, I am come unto you not out of any fear I had of 
my life, or yet doubting of the victory if matters had gone 
to the worst ; but I abhor the shedding of Christian blood, 
especially of those that are mine own subjects, and will there- 
fore yield unto you, and be ruled hereafter by your counsels, 
trusting you will respect me as your born princess and queen." 
They receiving her with the wonted reverence, answered 
dutifully at first ; but when she could not be permitted to go 
unto the Hamiltons (whom she had a desire to see), although 
she gave her promise to return, and so found her liberty re- 
strained, she waxed angry, and fell a complaining of their in- 
gratitude. They replied nothing, but taking their way to- 
wards Edinburgh, led her along with them, and kept her 
that night in Craigmillar his lodging, who was then provost 
of the town. It was night before they came thither, albeit 
the day was then at the full length, because of the stays she 
made by the way, either looking for some rehef by the 
Hamiltons, as many supposed, or not liking to be gazed on 
by the multitude, and seen in the estate of a prisoner. The 
next day towards the evening she was, by the direction of 
the noblemen, sent to be kept in the house of Lochleven, and 
conveyed thither by the Lords Ruthven and Lindsay, be- 
cause Balfour had not as yet transacted with the lords upon 
the delivery of the castle of Edinburgh, though even then 
he betrayed the trust which Bothwell had in him. For how 
soon it was known that the queen was made prisoner. Both- 
well having sent one of his servants to the castle to bring a 
little silver cabinet which the queen had given him, and 
wherein he reserved all the letters she had written unto him 
at any time, Balfour delivered the cabinet to Bothwell's 
servant, but withal advertised the lords what he carried, and 
made him to be apprehended. These letters were after- 
wards divulged in print, and adjected to a Ubel entitled. The 
detections of the doings of Queen Mary, penned with great 
bitterness by Mr George Buchanan. 

Some two days after the queen was committed, the earl of 
Glencarne, taking with him his domestics only, went to the 
chapel of Halyrudhouse and demolished the altar, breaking 



A. D. 1567.] CHURCH OF SCOTLAND. 63 

the pictures, and defacing all the ornaments within the same. 
The preachers did commend it as a work of great piety and 
zeal ; but the other noblemen were not a little displeased, for 
that he had done it without direction, and before they had 
resolved how to deal with the queen ; neither did matters 
frame with them according to their expectation, divers of the 
nobility, of whose assistance they held themselves assured, 
lying back and giving no concurrence ; and those that 
favoured the queen (of which number were the earls of 
Argyle, Huntly, and many others who were at the same 
time assembled at Hamilton), professing open enmity, and 
condemning the action as a crime of the highest treason that 
could be committed. The common people also, who a little 
before seemed most incensed, pitying the queen's estate, did 
heavily lament the calamity wherein she was fallen. In this 
uncertainty of things they resolved to write unto the lords 
convened at Hamilton, and entreat their concurrence for re- 
ordering the estate, and establishing of matters by a common 
consent. But neither would they admit the messenger nor 
receive their letters, so highly did they offend with their pro- 
ceedings, and so confident they were to repair things by their 
own power. 

The noblemen hereupon made a motion to the Assembly of 
the Church, which was then convened at Edinburgh, to deal 
with those of the other faction, and persuade them to a 
general meeting for matters of the Church, wherein they 
hoped some good might be done, and all occasions of civil 
discord removed. The Assembly hking well the motion, 
condescended to prorogue their meeting unto the twentieth 
of July next, and in the mean season to direct letters to the 
earls of Argyle, Huntly, Caithness, Rothes, Crawford, and 
Menteith, the Lords Boyd, Drummond, Herries, Cathcart, 
Yester, Fleming, Livingstone, Seaton, Glammis, Ochiltrie, 
Gray, Ohphant, Methven, Innermaith, and Somerville, and 
to the commendators of Aberbrothock, Kilwinning, Dun- 
fermline, St Columb, Newbottle, and Halyrudhouse, who did 
either assist the adverse party, or then behaved themselves 
as neuters. To procure the greater respect to these letters, 
John Knox, Mr John Douglas, Mr John Row, and Mr 
John Craig, were chosen commissioners, and had instructions 
given them to this purpose : " That Satan by his instru- 



64 THE HISTORY OF THE [a. D. 1567. 

ments had of long time and by many subtile ways laboured 
to hinder the progress of true religion within this realm, and 
that now the same was in hazard to be utterly subverted, 
chiefly through the poverty of the ministers that ought to 
preach the word of life unto the people : some being com- 
pelled to leave their vocation, and betake them to civil call- 
ings ; others so distracted by earthly cares, as they could 
not wait upon the preaching of the Word so diligently as 
they wished. In consideration whereof the Assembly of the 
Church being convened at Edinburgh, had thought it neces- 
sary to prorogue their meeting to the twentieth of July, and 
to entreat and admonish all persons truly professing the Lord 
Jesus within the realm, as well noblemen as barons, and those 
of the other Estates, to meet and give their personal appear- 
ance at Edinburgh the said day, for giving their advice, 
counsel, and concurrence in matters then to be proponed ; 
especially for purging the realm of popery, the establishing 
of the policy of the Church, and restoring the patrimony 
thereof to the just possessors. Assuring those that should 
happen to absent themselves at the time, due and lawful 
advertisement being made, that they should be reputed 
hinderers of the good work intended, and as dissimulate pro- 
fessors be esteemed unworthy of the fellowship of Christ's 
flock : considering chiefly that God in his mercy had offered 
a better occasion for effecting these things than in times past, 
and that he had begun to tread down Satan under foot." 
This they were willed to speak, and by all fair persuasions 
to move them to keep the day and place appointed. 

The missive letters were for the most part to the same ef- 
fect ; but in these, besides the provision of the ministers, I 
find the poor and indigent members of Christ also mentioned, 
and somewhat said concerning an union to be made amongst 
the professors, and such a conjunction as might make them 
able to withstand the craft and violence of their enemies. 
But neither did the letters nor the credit given to the com- 
missioners prevail with those to whom they went, all almost 
excusing themselves (some by word, others by letter), and 
saying, " That in regard of the present division caused by 
the queen's imprisonment, and that the town of Edinburgh, 
where they were required to meet, was straitly kept by a 
part of the nobility and some hired soldiers, they could not 



A. D. 1567.] CHURCH OF SCOTLAND. 65 

come to the place appointed without trouble and danger of 
their Hves. Not the less they did assure the Church of their 
willingness to every thing that might serve to advance the 
gospel, and further the provision of the ministers, for the 
better and more diligent attendance on their callings." The 
earl of Argyle did answer more particularly ; and touching 
the policy, desired that no novations nor alterations should be 
made before a general meeting of the Estates. In like sort 
the Lord Boyd did by his answer promise to hold hand to the 
forthsetting of the policy, but with an exception, so far as it 
might stand with law. Yet had both the one and other 
ratified the book of pohcy by their subscriptions long before, 
and made no scruple either of law or custom at that time. 
The noblemen that remained at Edinburgh, perceiving they 
could not be drawn to a meeting, resolved to prosecute their 
purpose at all hazards, and joining with the Assembly, con- 
descended to all the articles proponed for the good of the 
Church, and made great promises of performance ; howbeit, 
having once attained their ends, they did forget all, and 
turned adversaries to the Church in the same things where- 
unto they had consented. Always the articles agreed unto 
were as followeth. 

1. That the acts made in the parliament holden at Edin- 
burgh the twenty -fourth of August 1560, touching religion 
and the abolishing of the pope's authority, should be ex- 
tracted forth of the registers, and have the force of a public 
law ; and that the said parliament, in so far as concerned 
religion, should be maintained and defended by them, as a 
parhament lawful, and holden by sufficient commission from 
the queen then being in France, and be ratified in the first 
parliament which should happen to be kept within the 
realm. 

2. That until perfect order might be taken for restoring 
the patrimony of the Church, the act of assignation of the 
thirds of benefices for the sustentation of the ministry should 
be put in due execution. 

3. That the act of council made with consent of her 
majesty, touching the conferring of small benefices within 
the value of thi'ee hundred marks to ministers, should be put 
in practice ; as likewise the act for annuals, obits, and al- 
tarages, especially within burghs. 

VOL. II. 5 



66 THE HISTORY OF THE [a. D. 1567. 

4. That in the first lawful pai'liament which should he 
kept, or sooner if occasion might serve, the Church of Christ 
within this kingdom should be fully restored unto the patri- 
mony belonging to the same, and nothing be passed in parlia- 
ment before that and other matters of the Church were first 
considered and approved. In the meanwhile the noblemen, 
barons, and other professors then present, did willingly offer 
and consent to reform themselves in the matter of the Church- 
patrimony according to the book of God, and to put the 
same in practice for their own parts, ordaining the refusers 
and contraveners of the same to be secluded from all benefits 
of the Church. It was farther agreed, that in the next 
parliament, or otherwise at the first occasion, order should 
be taken for the ease of the labourers of the ground in the 
payment of their tithes, and that the same should not be dis- 
poned to any others without their advice and consent. 

5. That none should be pei-mitted to bear charge in schools, 
colleges, and universities, nor allowed pubHcly or privately 
to instruct the youth, except such as should first be tried by 
the superintendents and visiters of the Church, who being 
found meet should be admitted by them to their charges. 

6. That all crimes and off'ences committed against the law 
of God, should be severely punished according to the word 
of God, and judges deputed for execution thereof; or, if there 
be no laws as yet made, nor judges appointed for the punish- 
ment of such crimes, that the same should be done in the 
first parhament, 

7. That seeing the horrible murder of the king, her 
majesty's husband, is a crime most odious before God, and 
tending to the perpetual shame and infamy of the whole 
realm, if the same should not be exemplarily punished, 
the noblemen, barons, and other professors should employ 
their whole forces, strength, and power for the just punish- 
ment of all and whatsoever persons that should be tried and 
found guilty of the same. 

8. Since it hath pleased God to give a native prince unto 
ihb country, who in all appearance shall become their king 
and sovereign, lest he should be murdered and wickedly 
taken away as his father was, the nobility, barons, and others 
under subscribing should assist, maintain, and defend the 
prince against all that should attempt to do him injury. 



A. I). 1567.] CHURCH OF SCOTLAND. 67 

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 faithful 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 
virtue 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 arms 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 hindrance to the ministry in any sort ; and 
in their places appoint superintendents, ministers, and other 
needful members of the Church. And farther, should faith- 
fully bind themselves to reform all schools, colleges, and uni- 
versities throughout the realm, by removing all such as be 
of contrary profession, and bear any charge therein, and 
planting faithful teachers in their rooms, lest the youth 
should be corrupted with poisonable doctrine in their lesser 
years, which afterwards would not easily be removed. 

These were the articles agreed unto by a common consent, 
and subscribed in the presence of the Assembly, by the earls 
of Morton, Glencarne, and Mar, the Lords Home, Ruthven, 
Sanquhar, Lindsay, Graham, Innermaith, and Ochiltrie, and 
many barons, besides the commissioners of burghs. 

Upon the dissolving of this Assembly, the Lords Ruthven 
and Lindsay were directed to Lochleven to deal with the 
queen for resignation of the government in favours of the 
prince her son, and the appointing of some one to be regent, 
who should have the administration of affairs during his 
minority. At first she took the proposition grievously, an- 
swering in passion, that she would sooner renounce her life 
than her crown : yet after some rude speeches used by the 
Lord Lindsay, she was induced to put her hand to the re- 



68 THE HISTORY OF THE [a. D. 1567. 

nunciation they presented, by the persuasion chiefly of Robert 
Melvill, who was sent from the earl of Athole, 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 ambassador of England (who was 
come a few days 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 herself 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 con- 
tained a renunciation of the crown and royal dignity, with a 
commission to invest the prince into the kingdom by the 
solemnities accustomed. And to that purpose a procuration 
was given to the Lords Ruthven and Lindsay for demitting 
and resigning in presence of the three Estates the rule and 
government ; and to the earls of Morton, Athole, Mar, Glen- 
carne, and Menteith, and to the Lords Graham and Home, 
with the bishop of Orkney, and the provosts of Dundee and 
Montrose, for inaugurating the prince her son. The other 
writ did appoint the earl of Murray regent during the prince 
his minority, if at his return he should accept of the charge. 
And in case of his refuse, the duke of Chatelherault, the 
earls of Lennox, Argyle, Athole, Morton, Glencarne, and 
Mar, who should jointly govern and administrate the public 
aifairs. 

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 twenty-ninth of July) was the prince crowned and 
anointed king in the church of Stirling by the bishop of 
Orkney, assisted by two of the superintendents. The ser- 
mon was made by John Knox : the earl of Morton and the 
Lord Home took the oath for the king, that he should main- 
tain the religion received, and minister justice equally to all 
the subjects. The English ambassador, though he was in 
town, refused his presence to that solemnity, lest he should 
seem to approve the abdication of the queen's government. 
Now how soon the news came to France (and they came in 
great haste) the earl of Murray prepared to return ; whereof 



A, D. 1567.] CHURCH of Scotland. 69 

the archbishop of Glasgow getting intelligence (who lay there 
ambassador 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 hours before of the 
court, and used such diligence, as they who were sent to stay 
him found that he was loosed from Dieppe before their 
coming. 

Returning by England, he came the eleventh of August to 
Edinburgh, where he was received with a wonderful 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 sufficient experi- 
ments of his worth. Some few days he desired to advise, in 
which time he visited the queen at Lochleven, and sent letters 
to the noblemen of the other faction, especially to the earl of 
Argyle, with whom he had kept an entire friendship of a 
long time, showing in what sort he was pressed by the lords 
that maintained the king's authority, and entreating him by 
the bonds of kindred, the familiarity they had long kept, and 
by the love he bare to his native country, to appoint a place 
where he might confer with him, and have his counsel 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 
design a place of meeting, where they might by common ad- 
vice provide for the safety of the kingdom, 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 im- 
portuned on the other side by those of the king's faction to 
undertake the charge, he resolved to accept the same ; and 
in a convention of noblemen and others of the Estates kept at 
Edinburgh the twentieth of August, was elected regent with 
a great applause of all that were present. The same day 
was his election published, and charge given to all the sub- 
jects for acknowledging and obeying him as regent and 
governor of the realm unto the king's majority. 



4 



NOTE TO BOOK IV. P. 54. 



ADAM BOTHWELL, BISHOP OF ORKNEY. 

[No one is more closely connected with the history of Mary, Queen of Scots, 
than Adam Bothwell, bishop of Orkney. He was of the number who went to 
France to anticipate her favour, and to escort her home. He joined her in mar- 
riage with the infamous Hepburn, earl of Bothwell. At the coronation of 
James VI. he anointed the infant king. He was of the commission that accused 
her at York. He accompanied Sir WiUiam Murray of TuUibardine, and Sir 
William Kirkcaldy of Grange, in their desperate but unsuccessful pursuit of the 
Duke of Orkney. He was continually embroiled with Church and State. Yet 
he contrived to fare luxuriously every day, to die in his bed, and to obtain a 
resting-place and eulogistic tombstone in the Abbey of Holj-roodhouse, which 
venerable name became the title of a peerage to his eldest son. The domestic 
history of this remarkable personage is scarcely known, and we give it here 
from sources not very accessible to the general reader. 

His father, Francis Bothwell, was one of the most distinguished burgesses of 
Edinburgh in the reign of James V. For many years he presided over the 
counsels of his native town, and aided those of the state, both legislative and 
judicial, with an honest energy of character and talents that had fallen on evil 
times. At the crisis of the battle of Flodden, when the magistrates and citizens 
of Edinburgh distinguished themselves both by their devotion in the field, and 
by the wisdom and firmness with which they met and provided for the exigen- 
cies of a moment so fatal to Scotland, Francis Bothwell ranked foremost among 
his fellow-citizens. In the course of the period between the years 1514 and 1524, 
he passed successively through all the dignified civic ofiices, during the unpopular 
regency of Albany. The following document, from the ancient records of the 
city of Edinburgh, is so curiously characteristic of the times in Scotland, that we 
must give it verbatim : — 

" 17 April 1518, the 12th hour.— The quliilk, in presence of the president, bail- 
lies, counsall, and communitie, Maister Francis Boithwell producit my Lord 
Erie of Aran's, principall provest, writings and charge, till excuse him fra the 
office of little Johne, to the quhilk he was chosen for this year ; desyrand the 
samyn to be obeyit, and the tenour ihairof to be incertit in this instrument ; the 
quhilk tenour of the said writing foUowis : ' President, baiUies, and counsall of 
Edmburgh, we greet you weill ; it is understand to us, that Maister Francis 
Boithwell, your nichtbour, is chosen to little Johne, /or to mak sports andjoscosi- 
iies in the toune ; the quhilk is a man to be usit in hiear and graver matters, and 
als is upon his viage to pas beyond sey his neidfull erandis; quharfor we request 
and prayis, and als chargis you, that ye hold him excusit at this tyme ; and wa 
be this our wrytingis remittis to him the law, gif ony he has incurrit, for none 
excepping of the said office, discharging you of ony poynding of him tharfor. 
Subscrivit with our hands at Linlithgow the 12th day of April, the zeir of God 
1518. Youris, James, Erle of Arane.' The quhilk wrytingis the said Maister 
Francis allegit war nocht fulfiUit nor obeyit; and tharfor he protestit that quhat 



72 NOTE TO BOOK IV. 

evir war done in the contrar, turn him to na prejudice; and for remeid of law, 
tyme and place quhar it efferis." 

Thus it seems that this tyrannical mummery was forced, under severe penal- 
ties, upon the most distinguished citizens. The date of this very curious instru- 
ment is only a few years after the fatal Flodden, and doubtless the graver 
citizens were even yet not quite in trim for sports and joscosities. 

" Hei mihi ! difficile est imitari gaudia falsa, 
Difficile est tristi fingere mente jocum." 

Not long afterwards, Francis Bothwell occupied the place of the Earl of 
Arran, as Provost of Edinburgh, an office then of high distinction. Subsequently 
he appears as commissioner for the burghs, a lord of the articles, royal commis- 
sioner, and finally, one of the original ffteen who composed the bench of the 
College of Justice when first instituted by James V. in 1532. Nisbet, in his 
great heraldic work, generally very accurate, records that Adam Bothwell was 
the second sou of Francis by his first wife, a daughter of Patrick Richardson of 
Meldrumsheugh. On searching the records of the city of Edinburgh, however, 
I found that Francis Bothwell married, secondly, Katherine Bellenden, and by 
her had two children, Adam, afterwards bishop of Orkney, and Janet, who be- 
came the wife of Sir Archibald Napier of Merchiston, and mother of the cele- 
brated John Napier, the author and inventor of the Logarithmic Canon. Hence 
it is that some curious letters of this prelate's are still preserved in the charter- 
chest of the present Lord Napier. We find a very interesting sentence relat- 
ing to the great Napier, in a letter addressed to his father Sir Archibald Napier 
by the bishop of Orkney, and dated 5th December 1560 : — 

" I pray you, Schir, to send your sone Jlione to the schnyllis ; oyer to France 
or Flandaris ; for he can leyr na guid at harae, nor get na profFeit in this 
maist peruUus wordle ; that he may be savet in it ; that he may do frendis 
efter honour and proffeit, as I dout not hot he will." 

In this correspondence with his brother-in-law, the bishop affijrds some curi- 
ous glimpses of the manners and state of those rude and turbulent times. He 
was the first reformed bishop of Orkney ; but he seems to have joined the infant 
Church rather from a sense of the staggering state of the old religion, than be- 
cause he entertained any abhorrence of its corruptions. In 1552, he succeeded 
his brother William, who had succeeded their paternal uncle Richard, as rector 
of Eskirk. From the register of the privy-seal, it appears that Adam Bothwell 
was preferred to all the temporalities of the see of Orkney on the 11th October 
1559. He is designed bishop of Orkney in the grant, and must have been 
elected by the chapter previous to that date. At this time he was about thirty 
years of age. His immediate predecessor was Bishop Reid, amost distinguished 
prelate, statesman, and patron of letters, president of the College of Justice, and 
one of the unfortunate ambassadors who were sent to arrange the preliminaries 
of Mary's marriage with the dauphin. Most of these, and among the rest 
Bishop Reid, died, under strong suspicion of poison, on their way home in 1558. 
His reformed successor was continually in the midst of what he called cum- 
meris, that is, vexation or turmoil. Keith says that Adam of Orkney appears 
never to have taken any charge of his cure. But the bishop's letters prove this 
to be a mistake, although he was by no means an exemplary prelate. In a letter 
dated 5th February 1561, he complains grievously of a conspiracy of some of 
the Sinclairs against him in Orkney, instigated, as he says, by the lord justice- 
clerk, Sir John Bellenden, who was a near relation of his own. Collecting a 
mob, they took and kept violent possession of his house or palace of Birsay ; and 
it is curious to find, in a letter nearly three centuries old, the familiar complaint 
that factious men were creating a riot, by misleading the ignorant with false 
promises of freedom and independence. Henry and Robert Sinclair, he says, 
" beand instigat be the justice-clerk, quha maryet with thaime twa sisteris, to 



NOTE TO BOOK IV. 73 

loup in ane of my plaices callet Birsay, quhilk they kepit, and thaireftyr on bes- 
set the way quhairbe I was to cum haimo from my visitatioun, with gret 
nomber oflf commonis, quhem thai pat than iu beleiff to leifF frelie, and to knaw 
na superiouris in na tymis cumyn ; quhilks be Goddis graice haid na powair to 
hairme me, althocht thair uttir purpos was at thair hethir cumyn, to haiflF alder 
slaine me, or taken me." This riot appears to have been connected with the re- 
formation of religion ; papists, however, being in this instance the rioters. For 
the bishop adds, that there being convened " ane gret multitude of the commonis, 
at the first held court eftyr Yeuil (1560), quhen thai were all gatheret and in- 
quyret be certain off my messengeris, send to thaime to that effek, giff thai 
wold be content off mutatioun off religion, quhilk thai reffuset, and that notwith- 
standing I cloisset my kirk dorris, and lies thoilet na mess to be said thairin 
sensyne ; quhowbeit thai wer sua irritat thairbe, that eftyr thai haid requyret 
me sindrie tymes to let thaime in to that effek, at last gaderet together in gret 
multitud, brocht ane preist to ane chapell hard at the scheik of the schamber 
quhair I was lyan seik, and thair causset do mess, and marj-e certain pairis in 
the auld maner. This was doune on Sonday last, quhilk I culd not stoppe with- 
out I wold have committit slauchter." These letters are full of threats, which 
he soon afterwards fulfilled, of going to France to pour his grievances into the 
royal ear. There, in the spring of the year 1561, he joined the young queen, 
now on the eve of embarking on that sea of troubles where her fortunes and 
her fame were wrecked. The most luxurious crown in Christendom had just de- 
parted from her ; and, as an earnest of that which was to replace it, on one side 
her bastard-brother reminded her of the ascendency of protestantism ; on the 
other, John Lesley, afterwards bishop of Ross, warned her, iu the name of all the 
saints, against the intrigues and ambition of her sinister brother; and between 
whiles, that indefatigable bore, the bishop of Orkney, fatigued her with com- 
plaints against the lord justice-clerk. This latter worthy was Sir John Bel- 
lenden of Auchinoul, a nephew of Katherine Bellendeu, the bishop's mother, she 
being the sister of Sir Thomas Bellenden of Auchinoul, also justice-clerk, and 
director of chancery to James V. Another curious family connexion is thus 
brought out. Katherine Bellenden, the grandmother of the inventor of logar- 
ithms, and the mother of the bishop of Orkney, was subsequently married to 
the notorious Oliver Sinclair, whose ill-fated elevation in the affections of James 
V. led to the untimely death of that monarch. This alliance accounts for these 
expressions in one of the bishop's letters,—" Olyfer Sinclair, my gud-father." 
Bedford and Randolph, iu their letter to the council in England, narrating the 
particulars of the murder of Rizio, say, " There were in this companie two 
that came in with the king, the one, Andrew Car of Fawdenside, whom the 
queen say th would have stroken her with a dagger ; and one Patrick Balentine, 
brother to the justice-clerk, who, also her Grace sayeth, offered a dag against 
her belly with the cock down." Thus, the cousin-german of the bishop, who 
anointed the infant James, had threatened his life before he was born. From 
some expressions in the justice-clerk's will, he had stood in loco parentis to 
Adam Bothwell, and seems to have ruled him throughout. Sir John Bellen- 
den was particularly active in promoting the marriage between Mary and the 
earl of Bothwell ; and as great difiiculty was experienced in prevailing upon a 
protestant clergyman to perform the ofiice, he had procured and probably ex- 
torted the services of Adam of Orkney. " Unus," says Buchanan, with the 
severest point of his elegant latinity, " Orcadum Episcopus, est inventus, qui 
gratiam aulicam veritati prseferret, cseteris reclamantibus, causasque proferenti- 
bus, cur legitimse non essent nuptiffi cum eo, qui duas uxores adhuc vivas haberet, 
tertiam, ipse nuper suum passus adulterium, dimisisset," ti.c. But this brought 
the bishop into sad cummer with the Kirk, and he hastened to redeem his 
error by becoming conspicuous in the ranks of Mary's persecutors. Dr 
Barry, in his history of the Orkney Islands, says of Adam Bothwell, " Not- 



74 NOTE TO BOOK IV. 

withstanding his having joined the enemies of the queen, Mary seems still 
to have retained for him some degree of her former favour ; for when her 
unfortunate circumstances compelled her to resign the crown, she granted 
a procuration to him to inaugurate her son, the young prince, which was 
accordingly done at Stirling," (p. 244). This is a great mistake. Mary 
never even read the deed which named the bishop. It was her enemies who 
devolved the office upon him, not as her friend, but as their creature. Then 
came the coronation, where, " be the ministration of the said reverend fader, 
Adame, bishope of Orkuay, was anointed the said maist excellent prince, in king 
of this realme and dominions thereof," &c. " quhairupon the said Sir John Bel- 
lenden, justice-clerk, in name of the said Estaitis, and also John Knox, minister, 
and Robert Campbell of Kinzeancleugh, asked actis, instrumentis, and documen- 
tis." (Privy-council Records.) 

It is somewhat remarkable that our author, Spottiswoode, when recording 
the attempt to seize the person of the fugitive and piratical duke of Orkney, 
makes no mention of the fact that the bishop of Orkney was a party to that dan- 
gerous enterprise, and was thereby placed in one of the most extraordinary 
predicaments that ever befell a bishop. This strange and graphic incident had 
also escaped the research of Mr Tytler. 

In the Register of the Privy-council there is a charge, dated 10th August 
1567, to some particular masters of ships belongiug to the town of Dundee, and 
in general to " all masters of ships, and other mariners, indwellers within the 
burgh, to prepare themselves and their ships to pass with Sir William Murray 
of Tullibardine, the comptroller, in quest of the earl of Bothwell, within six 
hours after they be charged ; and on the 11th day of the same month, there is a 
commission to Sir William Murray, comptroller, and Sir William Kirkcaldy of 
Grange, to convey the king's lieges in warlike manner, and provide ships to 
pursue the earl of Bothwell, his assistars or colleagues, by sea or land, with 
fire, sword, and all kind of hostility, and fence and hold courts of justice where- 
soever they shall think good." 

Sir James Melville, in his very curious contemporary Memoirs, speaking of 
this expedition says : " Now the lard of Grange twa schippis being in rediness, 
he maid saill towardis Orkeney ; and na man was sa/rafe (alert) to accompany 
hyra as the lard of Tullibardin and Adam Bodowell, bishop of Orkenay." From 
the records of the privy-council, however, it appears that Tullibardine was com- 
missioned by government as leader in the expedition. The presence of the 
bishop remains to be accounted for, as no man was more studious of his ease, or 
more anxious to avoid the cummer in which he was perpetually involved. The 
warlike barons, it will be observed, were not only authorized to apprehend the 
duke of Orkney, but to hold courts of justice wherever they might take him, 
obviously for the purpose of his immediate condemnation. It was of consequence 
to the Morton faction that he should be instantly put out of the way, and in a 
manner least likely to elicit disclosures ; therefore, to countenance and aid 
these barons in their judicial functions, Adam Bothwell, a privy-councillor, 
and a lord of Session, accompanied the expedition, and doubtless had his 
instructions. Moreover, the keeper of the castle of Kirkwall, in which the 
fugitive nobleman had hoped to be able to fortify himself, was Gilbert Balfour, 
a dependant of the bishop's, and married to his sister, Margaret Bothwell. 
Upon the 19th of August 1567, their armament was complete, and set sail for 
the Orkneys. They had five ships, heavily armed, and carrying 400 soldiers. 
Even the bishop had clothed himself in weighty armour, or, as Godscroft says, 
a corslet of proof. It would have been singular had he presided at the 
trial and condemnation of the man whom he had united to liis sovereign so 
recently before. The event was otherwise ordered. Having reached the 
Orkneys, they were directed by Gilbert Balfour to Shetland, in search of their 
prey. It was not long ere they descried two vessels cruising oif the east coast 



NOTE TO BOOK IV. 75 

of Shetland, where currents, tides, and whirlpools threatened destruction to the 
most skilful navigator. These were the piratical duke's, on the look-out, and 
manned by desperate seamen. Grange, who commanded the swiftest of the 
government ships, shot ahead, and approached Bressa Sound, through which 
the pirates steered. Ouwurd pressed their pursuers, and every nerve was 
strained on board the Unicorn, Grange's ship, to gain their object. The man- 
oeuvre of the fugitives would have sufficed for a romance of Cooper's. So close 
was the chase, that when the pirate escaped by the north passage of the Souud, 
Grange came in by the south, and continued the chase northward. But the 
pirates were familiar with those narrow and dangerous seas. They knew how 
lightly their own vessels could dash through the boiling eddy that indicated a 
sunken rock, and had discerned at a glance what would be the fate of their bulky 
pursuers if they dared to follow in their desperate wake. They steered accordingly 
directly for the breakers, and though the keel grazed the rocks, their vessel dashed 
through the cresting foam into a safer sea. Grange ordered every sail to be set, to 
impel the Unicorn in the very same track. In vain his more experienced marinei's 
remonstrated. The warrior baron, as if leading a charge of horse on the plains 
of Flanders, rushed on the breakers, and instantly his gallant ship was a wreck. 
There was just time to hoist out a boat, and by dint of great exertions to save 
those on board. As it was, the bishop of Orkney, encumbered vnth. armour 
which he was not accustomed to wear, was left behind chnging alone to the 
wreck. The boat being already on its way, and deeply laden, it seemed impos- 
sible to save him. His cries reached them, but were disregarded. Another in- 
stant of delay and he would have perished, when, collecting all his energies, he 
sprang into the midst of the crowded boat, causing it to reel with his additional 
weight, "which," says Hume of Godscroft, who records the incident, "was 
thought a strange leap, especially not to have overturned the boat." The 
bishop's loup was long remembered, and the rock from which he sprang was 
called the Unicorn ever after. 

It is remarkable that at the very time when the bishop of Orkney was thus zeal- 
ous in the cause of the Kirk, the General Assembly entertained the highest indig- 
nation against him ; and he had other breakers to pass through besides those of the 
Unicorn. In the Assembly held at Edinburgh on the 25th December 1567, just five 
months after the exploit above narrated, " Adam, called bishop of Orkney, com - 
missioner of Orkney, being absent, was delated for not visiting the kirks of his 
country but from Lambmess to Hallowmess : Item,— Tha.t he occupied the room of 
a judge of the session, the sheep wandering without a pastor : /i(e?H,— Because he 
retained in his own company Sir Francis Bothwell, a papist, to whom he had 
given benefices, and placed a minister : Item, — Because he solemnized the mar- 
riage of tho queen and the earl of Bothwell, which was altogether wicked, and 
contrarie to God's law and the statutes of the Kirk." (Calderwood.) And in 
the acts of that Assembly wo find, " Anent the mariage of the queen with the 
earl of Bothwell, be Adam caUit bischop of Orkney, the haill Kirk finds that 
he trans.:;rest the act of the Kirk in marieing tho devorcit adulterer ; and there- 
fore deprives him fra all function of the ministrie, conform to the tenor of the 
act made thereupon, ay and quhyll the Kirk be satisfyit of the slander committet 
by him." Calderwood adds : " Adam, called bishop of Orkney, pretended he 
might not remain in Orkney by reason of the evil air and weakness of his body. 
He denied that he understood Francis Bothwell to be a papist, or that he placed 
him in the ministry." Thereafter, however, appears an act of the General 
Assembly restoring the bishop on the 10th of July 1568, in these terms : 
" Toutching the bischop of Orkney's suspensione from tho ministrie, the last 
Assemblie, and his obedience and submission, the Kirk restoris him again to the 
ministrie of the word, and als ordains him, on some Sonday quhen he best may 
for the waikness of his body, to mak an sermoun in the Kirk of Holieruidhouse, 
and in the end thereof to confess his ofi"ence in marieing the queeno with the 



76 NOTE TO BOOK IV, 

erle of Bothwell ; and desire the Kirk thair present for the time, to forgive him 
his offence and sclander given be him in doing the fornamit act : the quhilk he 
promisit to do." Shortly before the date of this act, namely, on Sunday 2d of 
May 1568, the queen had escaped from Lochleven ; and on the 13th of the same 
month was fought the battle of Langside. A scene, the most disgraceful to both 
countries, now occurred at the conferences held at York and Westminster, when 
a rebel faction familiar with the darkest crimes, and a rival queen destitute of 
every feminine virtue, combined to consummate the ruin of the queen of Scots. 
Consi^icuous on the commission against her was the bishop of Orkney ; and there 
is one scene of those extraordinary proceedings, unnoticed by our author, where- 
in the frak bishop became ludicrously conspicuous. When the commissioners 
first met at York, the duke of Norfolk cast various obstacles in the way of the 
accusation, and, after sounding Lethington, opened a secret conference with him 
and the Regent Murray, the object of which was to frustrate the designs of 
Elizabeth. No one was privy to this counterplot except Norfolk, Murray, Leth- 
ington, and James Melville, and their plan is minutely recorded by the latter. 
The duke, after expressing his private astonishment and horror at the step the 
commissioners were about to take, in accusing their sovereign of murder before 
a foreign tribunal, assured them that neither his royal mistress nor himself 
would pronounce any decree or sentence upon their accusation ; and to test this, 
he advised his associates in this cabal, that whenever he required them before 
the council to give in their written accusation, they should demand, as a pre- 
liminary, that, upon their accusation being given in, the queen of England 
should immediately proceed to conviction and sentence, and that this should be 
guaranteed to them under her majesty's hand and seal, before they " opened 
their pack." The accusation here alluded to was one in writing, which Murray 
and his crew held in petto, denouncing Mary as a murderess, her marriage 
to Bothwell being urged as the principal proof, and her keenest accuser 
being the very bishop who had pronounced his blessing over that union. 
Elizabeth vehemently desired that this accusation should be presented, but 
unconditionally ; and when the counter-claim suggested by Norfolk was 
put in, the delay occasioned by coiamunicating with her majesty caused the 
commission to be removed from York to Westminster. The Regent Murray, 
whose conduct bewildered such of his colleagues as were not in the secret, 
was incessantly importuned by the bishop of Orkney to give in the accusa- 
tion unconditionally. At length Morton discovered the substance of what 
had passed between the duke and the regent, and, highly offended at the 
exclusion of himself from their conference, laid a plan to defeat its object. 
Murray's secretary, John Wood, a thorough-paced traitor, was made to dis- 
close the whole matter to Cecil, who at their suggestion became more and more 
urgent. They pretended, however, to stand by the condition to which Murray 
had pledged himself. The secretary, Wood, said it was proper to take all the 
wi-its to the council-room, but that he would keep the written accusation in his 
bosom, and would not deliver it up, except the condition were fulfilled. When 
the council met, the duke of Norfolk asked for the accusation. The regent 
again desired the queen of England's assurance, under hand and seal, that she 
would proceed to conviction and sentence. It was answered, that her majesty 
was a true princess, and her word was sufficient. A general cry then arose, 
on both sides, against the regent's seeming to doubt the word of Elizabeth. 
Her secretary, Cecil, asked if they had the written accusation there. The rest 
of the scene is so graphically told by Sir James Melville, who was present, that 
we must give it in his own words : " ' Yes,' said Mester Jhon Wod (with 
that he plucks it out of his bosom), ' bot I will not delyver it untill her majesteis 
handwret and scale be delyverit to my Lord.' Then the bishop of Orkney cleakis 
the wret out of Mester Jhon Wodis hands : ' Let me have it, I sail present it,' 
said lie : Mr Jhon ran efter him as gene he wald have had it again, or riven his 



NOTE TO BOOK. IV, 77 

clais : Forward past the bishop to the counsaile table, and gave in the accusa- 
tion : Then said to him, my Lord Willyem Hauvert (Howard), cliamberlan, 
' iveill done Bischop Turpy ; thou art the frackest feloiv among them ; none of 
them ivill mak thy loup gud,' scornen him for his lowping out of the lard of 
Grange schip." After some little confusion, occasioned by this harlequinade of 
the bishop's, Melville adds : " The due of Norfolk had anough ado to keip his 
contenance ; Mr Jhon Wod winket upon the Secretary Cecill, wha smyled 
again upon him ; the rest of the regcntis company were lauchen upon other ; 
the secretary Liddingtoun had a sair hart ; the regent cam fourth of the coun- 
saill house with a tear in his eye, and past to his lodging in Kingistoun, a myll 
from court, where his factious frendis had anough ado to comfort him." 

The Church was not appeased by the bishop's ludicrous activity upon this 
disreputable service. The commissioners returned in the month of February 
1569 ; and in the General Assembly held in June following, " Adam Bishop of 
Orknay was accused for not fulfilling of the injunction appointed by the As- 
sembly in the month of July 15G8." No further notice of him appears in the 
acts of Assembly until the 25th of February 1570, when the following detailed 
accusation stands recorded against him : " Adam of Orknay being called to the 
office of a bishoprick, and promoted to the profits thereof, and suffered by the 
Kirk, receives charge to preach the Evangell, to be also commissioner of the 
country of Orknay, which he received and exercised for a certain space ; while 
now of late he made a simoniacall change with the abbacie of Halirudhous, 
although yet brooking the name and styled bishop of the same, contrary to all 
lawes, both of God and man, made against simony. Secondly, he dimitted his 
cure in the hands of an unqualified person, without the consent of the Kirk, 
leaving the flock destitute without a shepheard, whereby not only ignorance is 
encreased, but also most aboundantly all vices and horrible crimes there are 
committed, as the number of six hundred persons convicted of incest, adultery, 
and fornication, beares witness. Thirdly, he hath given himself daily to the 
execution of the function of a temporall judge, as to be a lord of Session, which 
requires the whole man, and so rightly in naither can he exercise both ; and 
styles himself with Romane titles, as Reverend Father in God, which pertaines 
to no minister of Christ Jesus, nor is given to any of them in Scripture. 
Fourthly, in great hurt and defraud of the Kirk, he hath bought all the thirds 
of the abbacie of Halirudhous ; at least he hath made simoniacall change 
thereof with the rents of Orknay. Fifthly, he hath left the kirks partly im- 
planted, and partly planted, but destitute of provision. Sixthly, some of the 
kirks are sheepfolds, and some of them ruinous. Seventhly, he hath traduced, 
both publickly and privatly, the ministers of Edinburgh, absented himself from 
preaching in that kirk, and from receiving the sacraments." 

The above is from the " Acts of the Assemblies concerning the adversaries of 
discipline." Calderwood says, " The bishop presented his answers to the tenth 
session. Mr Knox, Mr John Craig, and Mr David Lindsay, were appointed to 
try the sufficiency of these answers, and to report to next Assembly ; but I find 
them not. Yet ye may see what thing is they judge offensive in bishops or 
ministers." Adam Bothwell's diocese comprehended the Isles, Orkney, Zetland, 
Caithness, and Stranaver ; and his fixed residence ought to have been Kirkwall. 
The simoniacal exchange of which he was accused seems to have been forced 
upon him rather to his disadvantage, in the year 1 569, in favour of a natural 
son of James V., Robert Stewart, afterwards earl of Orkney ; as appears from 
an act of parliament 1569, entitled, " Exceptioun in favour of Adam, bischope of 
Orkney." Be this as it may, our prelate continued to retain both the abbacy of 
Holyroodhouse and the style of bishop for the remainder of his life ; and ever 
after this exchange was in the habit of signing his name thus, " Adame, Bischop 
of Orkney, Commendatair of Halyrudhous." In an old contemporary MS. 
chronicle, which appears to be either the original, or a contemporary translation 



78 NOTE TO BOOK IV. 

of Adam Blackwood's Mariyre de Maria Stuart, the bishop is thus character- 
ized. Speaking of tlie convention of Estates after Mary's forced abdication, this 
writer says, " they caused thither to come, to represent the ecclesiastical estate 
and spiritualitie, the venerable, often perjured and foirsworne father, Mr Adam 
Boithwell, whom, for this purpose, they befoirhand helped to be made bischope 
of the Orcades, a cameJion, a sorcerer, and execrable magitian." Notwithstanding 
his dangerous adventures, and constant cummers, the bishop died peaceably iu 
1593, and was buried near one of the pillars of the aisle of Holyrood, where 
his grave is yet shown to the curious stranger. If the old chronicler's charac- 
teristics of him be true, we must not say — 

" In Sancta Croce's holy precincts lie 
Ashes which make them holier." 

Yet the bishop's letters are full of expressions of Christian piety and resignation. 
He is constantly, " saying with godle Job, gif we half resaivit guid out of the 
hand of the Loi'd, quhai suld we not alsua ressaive evil, — geiffin him maist 
hartle thankis therefor, attesting our godle and stedfast fayth in him, quhilk is 
maist evident in tyme of probane." Robert Bin-el, in his contemporary diary, 
says, " The 15 of Mail 1567, the Queine was maried to the duck of Orkney, in 
the chappel royall of Holyrudhous, by Adam Bothwel, abbote of Holyrud- 
hous ; and his text wes the second of Genesis." It would be curious to compare 
the bishop's spiritual improvement of that fatal event with its immediate result, 
and his own concern in the catastrophe. Under the circumstances of the case, he 
must have found some difiBculty in enlarging upon the verse, " Therefore shall 
a man leave his father and his mother, and shall cleave unto his wife ; and they 
shall be one flesh." His troublesome patron and relative, the justice-clerk, was 
no less profuse of the lip-service of scriptural piety, while engaged in the most 
atrocious acts, public and private, of the times. The assassination of the Regent 
Murray in 1569 was caused by a tyrannical exercise of power on the part of Sir 
John Bellenden. In some of the interested transactions to which the struggle 
for life, place, and property, after the battle of Langside, gave rise, he had ob- 
tained a gift of the lands and mansion-house of Woodhouselee. These had 
belonged to Hamilton of Bothwellhaugh, a man, like all of his name, devoted in 
the cause of Queen Mary. Under the auspices of the regent, Bellenden obtained 
a transference in his own favour, and took possession with such inhuman vio- 
lence, as to drive Hamilton's own wife out of her house in a stormy night, which 
deprived her of her senses. It is well known that Bothwellhaugh took his re- 
venge upon the regent. Yet the justice-clerk considered himself one of the 
elect. In his last will and testament, wherein he solemnly bequeaths to his 
eldest son his own worldly and nefarious policy, he speaks of " this my saule 
quha baith sail meit my Maister with joy and comfort to heir that comfortabill 
voce, that he has promeist to resotat, saying, cum unto me thou as ane of my 
elect." 

The bishop of Orkney made a will, whereby he left the bulk of his fortune to 
his nephew, John Napier, who was destined to become so celebrated. His 
letters frequently make mention of the fact ; but, like Benedict, when he said he 
would die a bachelor, the bishop did not expect to live to be married. Some 
time before the year 1571, he married a niece of the good Regent Mar, whose 
wife was the cousin-german of his brother-in-law. Sir Archibald Napier of 
Merchiston. The eldest son of this marriage was John BothweU, who succeeded 
his father both in his seat on the bench and in his abbacy. He became a great 
favourite with James VI. ; and so little did he inherit of his grandfather's dis- 
like to masking and mummery, that he was always ready to play the fool when- 
ever his sovereign required him. At the baptism of Prince Henry in 1594, when 
his majesty entered the lists of the tournament disguised as " a Christian," the 
abbot of Holyroodhouse appeared at the same time as " an Amazon, in woman's 



NOTE TO BOOK IV. 79 

attire, very sumptuously clad." He was in possession for some time of one of 
the crown jewels, " ane greit ruble set in goldo," which the needy monarch had 
impignorated to the bishop of Orkney, some time after the year 1580, for the 
sum of five hundred pounds Scots. This jewel is restored by his son in the 
month of January 1595-6, and King James "grantis and confessis us to have 
ressavit the same ruble set in gold in als gude estate as we delyverit the same ;" 
but, it is added, " without payment of the said soumc to him be us, whereupon 
the samyu was impignorate." We have here, probably, one of the circumstances 
which led to this coramendator of Holyroodhouse being raised to the peerage by 
that venerable title, in the year 1607. 

Those who are willing to believe that Adam, bishop of Orkney, was a good 
and a great man, must read no farther than bis tombstone in Santa C'roce. 

" Hie jacet recondltus nobilissimus vir, dominus Adamus Bothuelius, Episco- 
pus Orcadum et Zetlandoe, et Commendatarius Monasterii Sauctse Crucis, Sena- 
tor et Coucilarius Regis, qui obiit anno setatis suae 67, Die Mensis Augusti 23, 
Anno Domini 1593. 

Epitaphium. 
" Nate senatoris magni, magne ipse senator, 

Magni senatoris triplici laude parens ; 
Tempore cujus opem poscens Ecclesia sensit, 

Amplexus est cujus cura forensis opem. 
Vixisti, ex animi vote, jam plenus honorum, 

Plenus opum senii, jam quoque plenus obis, 
Sic nihil urna tiii nisi membra senilia celat. 

Teque vetat virtus vir tua magne mori, 

I felix mortem requie superato supremam, 

Sic patriae et liberis fama perennis erit." 

The very curious letters of the bishop of Orkney will be found in the Editor's 
Memoirs of John Napier of Merchiston, published by William Blackwood, 
Edinburgh, and Thomas Cadell, London, 1834, quarto. He will be excused for 
having derived from his own work these notices of a churchman who figures so 
conspicuously in the history of Scotland, and whose own history had never been 
explored. The anonymous author of a volume, entitled Memoirs of Kirkaldy 
of Grange, recently published by Messrs Blackwood, has obtained credit as a 
popular writer, by means, inter alia, of a lively and elaborated story of the bishop 
of Orkney's adventure in the Unicorn. 1. To exonerate himself from the possible 
imputation of plagiarism in the foregoing sketch, the Editor is compelled to 
challenge a comparison of a chapter in these Memoirs of Kii-kaldy, entitled " The 
Unicorn" (p. 184), with the quarto pages 120, 121, 122, and 123, of the Memoirs of 
Napier of Merchiston. Some trifling and tawdry variations and redundancies, 
superinduced upon the unacknowledged original, scarcely suffice to excuse the 
absence of marks of quotation. Moreover, this writer concludes the elaborated 
anecdote with a passage which he professes to quote as the words of " a popular 
writer." This popular writer he does not name, but immediately directs the eye 
of his reader to these references : " Edmeston's Zetland ; Peterkin's Orkney ; 
Statistical Account ; Anderson's Collections, &c. &c." Now, the quoted pas- 
sage is actually an extract from the Memoirs of Merchiston (p. 122-3), where 
the following references occur : " Hume of Godscroft's History of the House of 
Douglas ; Edmonstone's Zetland Islands ; Sir James Melville's Memoirs." It 
happens, however, that the original details of the bishop's exploit and escape 
are recorded only by Godscroft, to whom this author does not refer. 2. In the 
Memoirs of Merchiston (p. 131), there follows an account of one Captain 
Melville, figuring in a story with Fairly of Braid and Napier of Merchiston, 
and introduced by a quotation from Spottiswoode. The proceedings and tragic 
fate of Melville, his relationship to Napier of Merchiston and Kirkaldy of 



80 NOTE TO BOOK IV. 

Grange, are there all recorded, from Bannatyne's Journal, the Pollock MS., 
the Historie of King James the Sext, and Sir James Melville's Memoirs, 
all duly acknowledged. In the Memoirs of Kirkaldy (p. 265) occurs a 
chapter entitled " The Exploits of Captain Melyille," introduced by the same 
quotation from Spottiswoode, followed by the same story of Fairly of Braid, and 
particularly recording the relationship of Melville to Merchiston, as well as the 
tragic fate of the former. The references are " Bannatyne ; Douglas Peerage ; 
Hist. James Sext." Now, the fact of the relationship of this Melville to 
Merchiston is recorded in none of these ; but was an inference deduced, from 
a comparison of the old chronicles, by the Editor himself in his Memoirs of 
Merchiston, p. 133. Moreover, like most plagiarists, the author in hand 
blunders while he borrows. His quotation from Spottiswoode is stupidly inac- 
curate ; he misstates the relationship of Captain Melville to Merchiston ; and 
he has even mistaken the hero of his chapter, whom he calls " Captain David 
Melville of Newmilne,"— a worthy who was alive at least ten years after the 
tragic fate of the captain he is thus ignorantly handling. It was Captain James 
Melville, as the very chronicles state which this writer professes to have consulted. 
3. In the Memoirs of Merchiston, chap. iii. p. 133, et infra, are recorded, in a 
popular narrative referring to the contemporary chroniclers, " various sieges 
of the castle of Merchiston during the king and queen's wars." In particular, 
quoting an unprinted Latin manuscript, entitled Ecvlesice Scoticanoe Hisloria, 
per Archibaldum Symsonum, &.C., it is there stated (pp. 133, 134), that " Grange 
entertained his cousin Sir Archibald Napier, when under his custody, with the 
agreeable pastime of battering the family fortalice," &c. In the Memoirs of 
Kirkaldy, in a chapter entitled " The Douglas Wars— the Leaguers of Mer- 
chiston" this popular narrative is all reproduced. In particular, it is there 
stated (p. 268), that Grange " entertained him (his relative) with the unplea- 
sant pastime of cannonading his mansion," &c. ; a fact which happens only to 
be recorded in the Latin MS. quoted in tlie Memoirs of Merchiston, and is not 
in any of the references to which this writer directs his readers. The Memoirs 
of Merchiston are mentioned nowhere throughout a book redolent of its most pop- 
ular chapters. The compilers of popular books are very apt to help themselves to 
the researches of others, without confessing the assistance. But when the popular 
writer goes so far as to take from another, without the slightest acknowledgment, 
popular passages, and the whole warp and moo/ of a popular narrative, even the 
Minerva press must blush, and " the wise convey it call." The capacious pocket 
of the Memoirs of Merchiston, a voluminous and costly quarto of Wstorical 
biography, has been picked. We know not, and do not care, whether this has been 
done directly by the author of the Memoirs of Ivirkaldy, or indirectly through 
some unacknowledged precursor in this species of appropriation. But whether, as 
the criminal lawyers say, this be a case of theft or reset, the identification of the 
articles, and the unsatisfactory account afforded of their derivation, seem to 
preclude the defence of innocent possession. Some Fiscal of Letters (in Black- 
wood's Magazine for January 1849) has been unconsciously and rashly applaud- 
ing a literary conveyancer. But when he commends him for his " flashes of the 
old Scottish spirit," we are only reminded of the monks of Melrose, who never 
wanted good ale " so long as their neighbours' lasted."— E.] 



HISTORY 



CHURCH OF SCOTLAND. 



THE FIFTH BOOK. 



THE CONTENTS. 

HOW MATTERS PASSED IN THE STATE AND CHURCH DURING THE 
GOVERNMENT OF THE FOUR REGENTS, HIS MAJESTY BEING YET 
MINOR. 

OTHWELL after his flight at Carberry, hav- 
ing stayed a few days in the fort of Dunbar, 
for that he feared to be enclosed, made to the 
sea with two or three ships which he had pre- 
pared, and went into Orkney. His purpose 
was to have remained in the castle of Kirkwall, and if any 
did pursue him to take himself to the ships ; but the keeper 
Gilbert Balfour^ would not receive him, so as he was forced 
to return to sea, and there playing the pirate made spoil of 

' [Gilbert Balfour, constable of the castle of Kirkwall, was married to Mar- 
garet Bothwell, sister of Adam, bishop of Orkney. As the bishop was with 
Kirkcaldy of Grange in pursuit of Bothwell at this time, there can be no doubt 
that the constable had received his instructions. Our historian surely had heard 
of the bishop's adventure in the Unicorn, mentioned in the note to last chapter. 
Perhaps he was ashamed of it. Gilbert was a younger brother of the well known 
Sir James Balfour of Pittendriech, who became president of the Court of Ses- 
rion in 1567, and was much involved in the dark intrigues of the times E.] 

VOL. II. 6 




82 THE HISTORY OF THE [a. D. 1567. 

all thcat came in his way. The regent, advertised of this, 
sent William Kirkcaldy of Grange with five ships well 
manned to pursue him ; who coming upon him unlooked for, 
as he lay in one of the creeks of Orkney, gave him the chase, 
and had certainly taken him, if they had not been hindered 
by rocks and shallow waters. The Unicorn, one of Grange's 
best ships, was cast away upon a rock ; Bothwell with his, 
that were not of such a burthen, escaping. Shortly after, he was 
taken upon the coast of Norway, and conveyed to Denmark, 
where being detected by some Scottish merchants, he was 
put in a vile and loathsome prison, and falling in a phrenzy, 
which kept him some ten years, made an ignominious and 
desperate end, such as his wicked and flagitious life had de- 
served. 

Grange at his return had the castle of Edinburgh com- 
mitted to his keeping, which a little before was sold by Sir 
James Balfour to the regent for the sum of five thousand 
pounds, and the gift of the priory of Pittenweem. At the 
same time Patrick Whitlaw, keeper of Dunbar Castle, being 
charged to render the same, did at the persuasion of his 
friends yield up the fort, which otherwise was held im- 
pregnable. 

The lords who were convened at Hamilton, perceiving 
how matters went, and that all things grew strong on the 
regent's side, upon a new dehberation did write unto him and 
the rest that stood for the king's authority, desiring a con- 
ference, and offering to send the earl of Argyle with some 
others to any place they would appoint for meeting. But 
because in the superscription they gave not the regent his 
due title, styling him only earl of Murray, the letter was re- 
jected by the council, and the messenger dimitted without 
answer. Argyle, knowing what had given the offence, re- 
solved to go unto the regent, and taking with him the Lord 
Boyd and the abbot of Kilwinning, came to Edinburgh. 
There it being declared that the election of the regent was 
not made upon any contempt or misregard of the noblemen 
who were absent, but upon necessity to keep the realm in 
order, it was agreed that a parhament should be called for 
settling all affairs by advice and consent of the Estates, and 
that the same should be kept at Edinburgh the fifteenth 
day of December next. 



A. D. 1567.] CHURCH OF SCOTLAND. 83 

When the diet appointed for parliament came, it was 
kept with such a frequency, as the Uke was not remembered 
to have been seen of a long time. The honours accustomed 
of crown, sceptre, and sword, were carried by the earls of 
Angus, Huntly, and Argyle, and every thing done with the 
greatest show of solemnity that could be used. Beginning 
was made at the affairs of the Church, and divers acts con- 
cluded in their favours ; as an act abolishing the pope, his 
jurisdiction and usurped authority within the realm ; another 
for repeahng the statutes made in former times for mainten- 
ance of idolatry and superstition, with the ratifying of the 
Confession of Faith ; and some others, which may be seen in 
the first parliament of King James the Sixth. The matter 
of pohcy and jurisdiction of the Church was referred to the 
consideration of certain lords delegated by the Estates ; but 
for the restitution of the patrimony, which was promised to 
be the first work of the parhament, though the regent did 
what he could to have the Church possessed with the same, 
it could not be obtained. Only the thirds of benefices were 
granted to the Church, for provision of the ministers ; the 
surplus, or what should be found remaining after the 
ministers were provided, being applied to the support of the 
pubhc affairs of the Estate. Touching the queen, a long 
consultation was held what course should be taken with her. 
Some urged that she should be arraigned, and punished 
according to the law. Others reasoned, that whatsoever 
authority was in the kingdom was derived from her, and 
was revocable at her pleasure, so as she could not be ar- 
raigned or brought to trial before any inferior judge : and 
when it was replied, that the Scots from the very beginning 
of the kingdom had been in use to censure and punish their 
kings, in case of grievous crimes, the greater number dis- 
liking that course, it was concluded that she should be 
detained and kept in perpetual prison. 

Some ten days after, in an Assembly of the Church, the 
bishop of Orkney was convened for joining the queen and 
Bothwell in marriage, and deposed from his function and 
office. The countess of Argyle being cited to appear before 
the same Assembly for assisting the baptism of the king, and 
giving her presence at the papistical rites then used, did 
submit herself to censure, and was ordained to make public 



84 THE HISTORY OF THE [a. D. 1567. 

satisfaction in the chapel of StirUng, where the offence was 
committed, upon a Sunday after sermon, in such manner 
and at such time as the superintendent of Lothian should 
appoint. 

In the month of January, John Hepburn called of Bolton, 
John Hay younger of Tallow, and two chamber-boys of 
Bothwell's, Powrie and Dalgleish, were brought to trial for 
the king's murder, and found guilty by their own confessions. 
The sum whereof was, that they were enticed unto that 
wicked fact by Bothwell, who did assure them that most of the 
noblemen within the realm had consented thereto, and that 
a contract was showed them subscribed by the earls of 
Argyle, Huntly, young Lethington, and others ; but whether 
these subscriptions were the noblemen's own or counterfeit, 
they could not tell. They farther said that Bothwell made 
them believe that the lords who had subscribed would each 
of them have one or two of their servants present at the 
murder; yet were they but eight persons in all, besides 
Bothwell himself, that came unto the place ; namely. Sir 
James Balfour, the laird of Ormiston in Teviotdale, Robert 
Ormiston his cousin, one Wilson a man of Haddington, and 
the four who were then to suffer. The sentence upon their 
conviction was, that they should be hanged, their heads cut 
off, their bodies quartered, and cast into the fire ; a manifold 
execution, which the treacherous parricide they had committed 
did well deserve. 

At the opening of the spring, the regent purposing to hold 
justice courts through the whole kingdom, made his begin- 
ning in the west parts, because of some broken people in the 
Lennox and the highlands adjoining. Whilst he remained 
at Glasgow, (for the first court was there aflaxed,) the queen 
made an escape from Lochleven, to the great contentment of 
many who stood in fear of the regent's severity or (as the 
vulgar called it) cruelty. And even some that were the 
principal workers of her imprisonment, having changed their 
minds, did earnestly wish her liberty. Lethington, who 
hating Bothwell to the death was enemy to the queen for 
his respect, as soon as he understood of his arresting in 
Denmark, and saw that he was no more to be feared, desired 
greatly to have her restored, as thinking his credit and 
safety should that way be most assured. Sir James Balfour 



A. D. 1568.] CHURCH OF SCOTLAND. 85 

followed always his course. William Murray of Tullibardine, 
though he had showed great forwardness at the hill of 
Carberry, where the queen was taken, yet, being popishly 
set, upon some private discontents forsook the regent, and 
carried with him divers of his friendship. The Hamiltons 
were known to desire nothing more than her freedom. The 
earls of Argyle and Huntly, howbeit they had been present 
at the late parliament, and giving their assistance for estab- 
hshing the king's authority, turned their coats and joined 
with the rest for repossessing the queen. And besides these, 
many others, some led with hopes of advancement, and some 
trusting to have their distressed estates bettered by a change, 
longed much to have her relieved, which by this means came 
to pass. 

George Douglas, the regent's youngest brother, a 
gentleman of good spirit, who remained with her in the 
castle of Lochleven, allured by her courtesies and fair 
promises, having corrupted the keepers, although he himself 
upon suspicion was some days before sent forth of the isle, 
got her transported (whilst the rest were at dinner) in a 
httle vessel to the side of the lake, where he with the Lord 
Seaton and some horsemen were attending. The first night 
she lodged at Niddry in West Lothian, and the next day 
was conveyed to Hamilton, whither repaired unto her the 
earls of Argyle, Cassils, EgUnton, and Rothes, the Lords 
Somerville, Yester, Borthwick, Livingstone, Herries, Max- 
well, Sanquhar, and Ross, with many other barons and gentle- 
men. The lords meeting in council, the queen declared that 
the resignation she had made of the crown was extorted by 
fear; as likewise the commission granted for inaugurating 
the prince her son ; qualifying the same by the testimony of 
Robert Melvill there present, and others. Thereupon was 
the resignation decerned void and null, and proclamations 
made in her majesty's name, commanding all the lieges to 
meet in arms at Hamilton for pursuing the rebels that had 
usurped the royal authority. 

The news hereof brought unto Glasgow, (which is only 
eight miles distant,) where the regent then abode, were 
scarce at first believed ; but within two hours or less being 
assured, a strong alteration might have been observed in the 
minds of most that were there attending. The report of the 



86 THE HISTORY OF THE [a. D. 1568. 

queen's forces made divers to slide away ; others sent quietly 
to beg pardon for what they had done, resolving not to enter 
in the cause any farther, but to govern themselves as the 
event should lead and direct them. And there were that 
made open defection not a few, nor of the meaner sort. 
Amongst whom the Lord Boyd was especially noted, and in 
the mouths of all men ; for that being very inward with 
the regent, and admitted to his most secret counsels, when 
he saw matters like to turn, he withdrew himself and went 
to the queen. 

Yet the regent nothing discouraged, and esteeming his 
life could not be more honourably bestowed than in the 
defence of the king, albeit many did advise him to retire 
unto Stirhng, would not condescend to stir, saying, " That 
his retreat would be interpreted a flight, and the adversaries 
thereby animated, and his friends disheartened." In the 
mean season he sent advertisement to his friends in Merse, 
Lothian, and Stirlingshire. The earl of Glencarne and 
Lord Sempill, with the men of Lennox, and others well 
affected to the cause, that lay near to the city, made haste 
unto his succour, so as in a day or two his company in- 
creased to four thousand and above. There was with the 
queen a French ambassador, who had arrived a few days 
before, and moved the regent for access to the queen before 
the escape she made ; he was still posting betwixt Hamilton 
and Glasgow, rather to espy and observe things, than to 
make the peace he pretended ; for when he saw the regent's 
forces to be few, as at first they were, and that the queen's 
power was much greater, he did persuade her to take the 
field, and put it to the trial of a day, which she resolved to 
do. Thereupon warning given to make ready against the 
next morning, the earl of Argyle was proclaimed lieutenant, 
and conclusion taken to march with the army by Glasgow 
towards the castle of Dumbarton, where they purposed to 
place the queen, and either to give battle, or draw the war 
at length as they pleased : or if the regent (which they did 
not expect) should meet them in the way, to fight him, ac- 
counting the victory certain, because of their numbers. 

The regent, advertised of the queen's intentions, took the 
field the next day early, and stood with his companies some 
hours in battle-array upon the moor of Glasgow, where it 



A. D. 1568.] CHURCH OV SCO 1 LAND, 87 

was believed the queen's army should pass ; but when he saw 
them keep the other side of the river, he directed the horse- 
men to pass the fords, the water being then ebbed, and lead- 
ing the foot along the bridge went towards Langside, which 
lay in their way to Dumbarton.^ This is a little village upon 
the water of Cart, situated at the foot of a hill towards the 
west : on the east and north the ascent unto it is somewhat 
steep, the other parts of the hill are more even and plain. 
Both armies contending who should first possess it, that of 
the regent's prevented the other by occasion of Argyle's 
sickness, who was on the sudden taken with a fit of the epi- 
lepsy, and so retarded the march of the queen's army. When 
they approached near and saw themselves prevented, they 
went to a little opposite hill, and there ranged themselves in 
two battles, placing in the first their whole strength almost ; 
for if they should at the first encounter repulse their enemies, 
the rest they made account would soon disband and take the 
chase. The regent had likewise put liis troops in two battles, 
on the right hand were placed the earl of Morton, the Lords 
Home, Sempill, and Lindsay, with their chents and vassals ; 
on the left, the earls of Mar, Glencarne, and Menteith, with 
the citizens of Glasgow. The harquebusiers were planted in 
the village beneath, and within the hedges upon the highway. 
Before the joining, both sides played with their ordnance upon 
others; but the advantage was on the regent's part, the 
queen's cannoniers being forced to quit their munition. His 
cavalry, on the other side, being much inferior to the queen's, 
was compelled to give ground : but when they entered upon 
the foot, thinking to put them in disorder, the archers from 
the regent's side rained such a shower of arrows upon them, 
as they could not hold up their faces, and were forced to turn 
back. The left wing of the queen's army advancing itself in 
the meanwhile, howbeit greatly annoyed by the harquebusiers, 
that beat them in the strait on both sides, got into the plain 
and displayed itself. Then did the armies join and enter 
into a hot fight, striving in thick ranks to maintain their 
places, and by force of spears to break and bear down one 
another. For the space of half an horn' and more the fight 
continued doubtful, and so eagerly they strove, that they 

' [There is some confusion in our author's narrative. Mr Tytler, whom tho 
reader may consult, fights the battle of Langside more distinctly E.] 



88 THE HISTORY OF THE [a. D. 1568. 

whose spears were bi'oke stood throwing their poniards, 
stones, and what came readiest to their hands, in the faces of 
their adversaries. The regent's second battle perceiving 
that none came against them, and fearing the other should be 
overlaid (for they saw some in the last ranks recoihng), went 
unto their aid ; whereupon the queen's army gave back, and 
so were put to rout. The regent and those on his side 
showed great manhood, all their hopes consisting in the vic- 
tory : nor were his enemies any less courageous, but the 
advantage of the ground was to those of his part no small 
help. There were not many slain on the place, most of the 
slaughter being made in the chase ; and unless the regent 
had with his presence, wheresoever he came, and by sending 
horsemen into all parts, stayed the fury of those that pur- 
sued, the victory had been much more bloody. The queen, 
who stood a mile off from the battle on a little height, per- 
ceiving the field lost, made towards the borders. The rest 
that escaped fled the readiest way they could find, every 
man to his own home. The number of the slain was about 
three hundred ; many were taken prisoners ; amongst whom 
the most eminent were the lords of Seaton and Ross, the 
masters of Cassils and Eglinton, Sir James Hamilton of 
Avondale, and the sheriffs of Ayr and Linhthgow. Of the 
regent's side one only was slain, the Lords Home and Ochil- 
trie wounded. All the rest, a few excepted that followed 
the chase too far, returned with him to Glasgow ; where they 
went first to church, and gave thanks to God for the victory 
they had obtained almost without any effusion of blood. This 
conflict happened upon the thirteenth of May, the eleventh 
day after her escape from Lochleven. The French ambas- 
sador, who had conceived an assured hope of her prevailing, 
perceiving things fall out otherwise, took horse, and made 
away to England, not once saluting the regent, to whom, as 
he pretended, he was sent. By the way he fell in the hands , 
of some robbers that rifled all his baggage ; which the laird] 
of Drumlanrig, for the respect he carried to the title of 
ambassador, caused to be restored. 

The rest of that day the regent bestowed in taking order! 
with the prisoners. Some he freely dimitted, others upon] 
surety ; but the principals were retained (they especially of J 
the surname of Hamilton), and committed to several prisons, f 



A, D. 1568.] CHURCH Of SCOTLAND. 89 

The next day, taking with him five hundred horse, he rode 
into Hamilton, and had the castle thereof, with the house of 
Draffan, another stronghold helonging to the duke, rendered 
in his hands. Such a terror this defeat wrought, that the 
whole inhabitants of Clyde did relinquish and forsake their 
houses. Upon the like fear did the queen, against the coun- 
sel of her best friends, take sea at Kirkcudbright, and sail 
into England, landing at Workington in Cumberland, near to 
the mouth of the river Derwent ; from which place she sent 
a letter to Queen EUzabeth, declaring that she was come 
into her kingdom upon hope of aid and assistance from her, 
requesting she might be conducted to her with all speed, 
because of her present distress. John Beaton, one of her 
domestics, was some days before sent with the diamond she 
had received from the queen of England for a token of kind- 
ness, to signify her purpose of coming into England, if she 
should be farther pursued by her subjects ; who did shortly 
return with large promises of love and kindness, if she should 
happen to come. But as soon as her coming was known, 
the directions sent by Sir Francis Knowles were not so 
loving ; for by him she was desired to go unto CarHsle, as a 
place of more safety, whither the lieutenant of the country 
should conduct her, and stay there till the queen was informed 
of the equity of her cause. 

This direction did much displease her, and then began she 
to see her error ; but seeming to take all in good part, she 
sent the Lord Herries to entreat the queen for a hearing in 
her own presence, where she might both clear herself, and 
show how injuriously she had been dealt with by those whom 
at her intercession she had recalled from exile ; or if that 
could not be obtained, to crave that she might be permitted 
to depart forth of England, and not detained as a prisoner, 
seeing she came willingly thither, in confidence of her kind- 
ness often promised, and confirmed as well by letters as mes- 
sengers. Queen Elizabeth, moved with these speeches, said 
that she would send to the regent, and desire him to stay all 
proceeding against the subjects that stood in her defence, till 
matters were brought to a hearing. For the regent at the 
same time had called a parliament to the twenty-fifth of June, 
for proceeding against those that had accompanied the queen 
in the field, by course of law. They of the queen's faction 



90 THE HISTORY OF THE [a, D. 15G8. 

were in the meantime preparing to hinder the meeting ; and 
■whenas the diet drew near, the earl of Argyle with his forces 
met Lord Claude Hamilton at Glasgow ; the earl of Huntly 
brought from the north a thousand foot, with as many horsemen 
almost, and came as far as Perth, but was not permitted to 
cross the river of Tay, the channels and passages being all 
guarded by the Lord Ruthven, and such in those quarters 
as maintained the king's authority. So being forced to re- 
turn home, the earl of Argyle and other lords, not seeing 
how they could hinder the meeting of the parhament, dis- 
solved their companies, and returned to their own country. 

At this time came the letters promised by the queen of 
England, whereby the regent was desired to delay the par- 
liament, and not to precipitate the giving of sentence in 
those matters, till she was rightly informed of the whole 
cause. 

But the regent, considering that the delay of the parha- 
ment would be construed to proceed of fear, resolved to 
keep the diet. At the meeting it was loug disputed whether 
all they that had taken arms 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, main- 
tained the calmest course to be the best, and, by the persua- 
sions he used, wrought so as the process against the better 
sort was continued, and some of meaner note only proscribed, 
which was interpreted, even as the regent conceived, to pro- 
ceed 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 arms, making 
an expedition into the countries of Nithsdale, Annandale, 
and the lower parts of Galloway, where he put garrisons in 
the castles and strong forts that were judged necessary to be 
kept ; others he demolished and threw to the ground, and 
had in a short space (as it was thought) reduced the whole 
country to his obedience, if he had not been stayed by other 
letters by the queen of England. For she oifending that he 
should have gone on in that manner, whereas she had willed 



A. D. 1568.] CHURCH OF SCOTLAND. 91 

him to defer 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 sovereign, she would not neglect her 
sister and neighbour queen. Therefore willed him to direct 
certain commissioners to inform 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 kingdom 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 foreign judges he held it dishonourable ; yet 
considering the adversaries he had, (the cardinal of Lorraine 
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 that commis- 
sioners should be sent, whenas they could not agree upon 
the persons (the principal noblemen refusing the employment), 
the regent himself offered to undertake the journey ; and to 
accompany him, choice was made of the bishop of Orkney 
and abbot of Dunfermline for the spiritual estate ; of the 
earl of Morton and Lord Lindsay for the temporal ; and of 
Mr James Macgill and Mr Henry Balnaves, senators of the 
college of justice ; besides these, there went with him Secre- 
tary Lethington and Mr George Buchanan. 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 busy 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 king's name, under the 
great seal, to the regent, the earl of Morton, the bishop of 
Orkney, the abbot of Dunfermline, and Lord Lindsay, 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 de- 



92 THE HISTORY OF THE [a. D. 1568. 

clarations to them (I keep the very words of the commission), 
for informing his good sister of the true causes whereupon 
divers of the nobihty and good subjects, during the time that 
the queen his mother was yet possessor of the crown, took 
occasion to put on arms, 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 until the re- 
turn 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 farther confirma- 
tion 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 for 
maintenance of the true religion publicly professed by the 
inhabitants of both the realms, as for resisting any foreign 
or intestine power that might be stirred up within the same, 
to disturb the present quietness that it hath pleased Almighty 
God to grant unto both the kingdoms in the unity of the said 
rehgion, 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 
at Edinburgh the eighteenth of September 1568. 

In July preceding there was an Assembly of the Church 
kept at Edinburgh, wherein Mr John Willock, superinten- 
dent of the west, being elected to moderate the meeting, 
made difficulty to accept the place, unless some better order 
was observed than had been in former times ; for even then 
the multitudes that convened, and indiscreet behaviour of 
some who loved to seem more zealous than 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 Assem- 
blies but superintendents, visiters of churches, commissioners 



A. D. 1568.] CHURCH OF SCOTLAND. 93 

of shires and universities, and such ministers as the superin- 
tendents should choose in their diocesan synods, and bring 
with them, being men of knowledge, and able to reason and 
judge of matters that should happen to be proponed. And 
that the Assembly should not be troubled with unnecessary 
business, 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 
murder, incest, adultery, and other such heinous 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 injunc- 
tions. A supplication also was put up to the regent and 
council, wherein amongst other particulars it was desired, 
that the persons nominated in Parliament for the matter of 
poUcy or jurisdiction 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 func- 
tion in the Church for the marriage of Bothwell with the 
queen, was upon his submission reponed to his place ; and, 
for removing the scandal, he was enjoined in his first sermon 
to make public acknowledgment of his fault, and crave for- 
giveness of God, the Church, and Estate, which he had 
offended.' 

About the end of September, the regent and those that 
were joined 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 Sussex, and Sir Ralph 
Sadler chancellor of the duchy of Lancaster, having com- 

' [See note at end of Book IV.— E.] 

* [" Nota. Fra the hiudereud of August 1568 to the secund day of Merch in 
the samin year, na dyettes of Justiciarie halden, be ressoun of the pest, and re- 
gentis being in England." — Justiciary Records, MS., Advocates^ Library. It 
must be kept in mind, that until the beginning of next century, the 25th of 
March was New Year's Day. See note at the end of this volume as to the pest 
by which Edinburgh was scourged in 1568.— E.] 



94 THE HISTORY OF THE [a. D. 1568. 

mission 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 to 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 de- 
pending betwixt themselves two, to confirm the peace before 
that time contracted, or estabUsh a new confederation be- 
twixt them, their people and subjects, as they should think 
most convenient. Some two days after John Lesley bishop 
of Ross, WilUam Lord Livingstone, Robert Lord Boyd, 
Gawan commendator of Kilwinning, and James Cockburn of 
Skirling, commissioners for the Scottish queen, came to the 
city, where being all convened, and the commissions ex- 
hibited, an oath was presented to both parties by the com- 
missioners of England, by which they were required to 
swear. That they should proceed sincerely in that conference 
and treaty, and neither for affection, mahce, or any other 
worldly respect, propone any thing before the commissioners 
which in their consciences they did not hold to be true, just, 
godly, and reasonable ; as also not to withdraw, hide, or con- 
ceal 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 
mistress was pleased to have the differences betwixt her and 
her disobedient subjects considered and dressed by her 
dearest sister and cousin the queen of England, or by the 
commissioners authorized by her ; yet she did not acknow- 
ledge herself subject to any judge on earth, she being a free 
princess, and holding her imperial crown of God alone." 
This their protestation they desired to be put on record, lest 
the queen or her posterity should be prejudiced in their 
sovereignty 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 superiors 
over the realm of Scotland ; which superiority they pro- 
tested should belong and appertain to the queen their mis- 



J 



A. D, 1568.] CHURCH OF SCOTLAND. 95 

tress in the right of the crown of England." These protes- 
tations 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 James 
earl of Morton, John earl of Mar, Alexander earl of Glen- 
carne, the Lords Home, Lindsay, Ruthven, Sempill, Cath- 
cart, Ochiltrie, and others their assistants, had levied an 
army in the queen's name against the queen, taking her most 
noble person, used her in vile manner, and thrust her into 
prison in Lochleven, and forcibly broken her minthouse, 
taken away the printing irons, with all the silver and gold 
coined and uncoined which was in the house for the time, and 
going to the castle of Stirling, had made a fashion to crown 
her son the prince, being then but thirteen months old. 
That James, earl of Murray, taking upon him the name of 
regent, had usurped the royal authority, and possessed him- 
self with the whole forts, castles, munition, jewels, and re- 
venues of the kingdom. And when it had pleased God to 
relieve her out of that prison (wherem she was so straitly 
detained by the space of eleven months, as none of her 
friends and true subjects could once be permitted to see or 
speak with her), and that she had publicly 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 sub- 
jects, did appoint the earls of Argyle, Eghnton, Cassils, 
and Rothes, to agree and make a pacification with the said 
regent and his partakers ; but they were so far from admit- 
ting any peaceable treaty, as they did invade her, in her 
passing to Dumbarton, with the men of war whom she had 
hired with her own moneys, killed divers of her faithful sub- 
jects, led others away prisoners, and banished some of good 
note, for no other cause but for serving faithfully their law- 
ful princess ; and so after a great many injuries had forced 
her to fly into England, to request the help of Queen Eliza- 
beth her dearest sister, and in blood the nearest cousin she 
had in the world, for restoring her into her former estate, 
and compelling her rebellious subjects to acknowledge their 



96 THE HISTORY OF THE [a. D. 1568 

due obedience unto her majesty, which they in her highness' 
name did most instantly entreat." 

The day following, which was the ninth of October, the 
regent and rest of the commissioners for the young king ap- 
pearing, 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, 
had power to pronounce in the cause of the king's mother, 
o-uilty or not guilty ; and if according to the same they meant 
to give sentence without farther 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 de- 
livered in their hands, or detained in England ; and if the 
queen of England would from thenceforth maintain the au- 
thority of the king, and the regency established in the per- 
son of the earl of Murray ? Which points they desired to 
have cleared before they could enter into the accusation in- 
tended. 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 Enghsh had no other purpose but to de- 
fame and disgrace the reputation of the queen their king's 
mother ; therefore willed him and hfs associates to consider 
what hate and danger they should draw upon themselves, by 
accusing her in such a public form, not only with those of 
her own nation that loved the queen, but also with other 
Christian princes, especially with her cousins in France, 
and what they could answer unto the king, when he being 
of ripe years should esteem that manner of doing dishonour- 
able to himself, his mother, and to the whole kingdom. 

They notwithstanding went on, and presented their an- 
swer, conceived in the terms following. " That King Henry, 
father to their sovereign lord the king now reigning, being 
horribly murdered in his bed, James, sometimes earl of Both- 
well, who was known to be the chief author thereof, entered 
in such credit with the queen, then their sovereign, as, with- 
in two months after the murder committed, he openly at- 
tempted a rape of her person, and carried her to Dunbar 
Castle, where he did keep her as captive a certain space, 



A. D. 1568,] CHURCH OF SCOTLAND. 97 

causing a divorce to be led betwixt him and his lawful wife, 
and upon the conclusion thereof did suddenly accomplish a 
pretended marriage with the queen ; which insolent pro- 
ceedings, together with the shameful report that passed in all 
nations of the king's murder, 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 
than, by punishing the said earl who had committed the 
murder, to free themselves of the vile reports spread every- 
where ; to set the queen at liberty from the bondage of that 
traitor, who had so presumptuously enterprised the rape and 
marriage of her, whose lawful husband he could not be ; and 
to preserve the innocent person of the king from the hands of 
him that had murdered 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 wick- 
edness, they offered, for sparing the blood of innocent men, 
to decide the quarrel in a single combat, whereof himself by 
cartel and proclamation had sundry times made offer. But 
after many shifts he in end directly refused the same, and 
the queen preferring his impunity to her own honour, that 
he might have leisure to escape, came willingly to the noble- 
men that were in arms, and conferred with them a certain 
space ; after which they conveyed her to Edinburgh, inform- 
ing her of the true causes that moved them to that form of 
dealing, and did humbly entreat her majesty to suffer the 
said earl and others, the king her husband's murderers, to be 
punished according to the laws, and the pretended marriage, 
wherein she was rashly entered, to be dissolved, as well for 
her own honour, as for the safety of her son and quietness of 
the realm and subjects. But having received no other an- 
swer but rigorous 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 foi* a season from the company of 
Bothwell, and the keeping of any intelligence with him, until 
punishment might be taken of him and of the murderers of 
the king her husband. In the mean time she finding herself 
wearied with the troubles of government, and perceiving by 
things that had passed before that time betwixt her and the 



9& THE HISTORY OF THE [a. D. 1568. 

people, that neither could she well allow of their doings, nor 
they like of her forms, upon these and other considerations 
she voluntarily resigned her kingdom, and transferred the 
same unto her son, appointing the earl of Murray (who was 
at that time absent forth of the realm) to be regent during 
her son's minority, and in case of the said earl's decease or 
not acceptation 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 duly, 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 those 
that had withdrawn themselves of late from the obedience of 
his authority being present and giving their consents to the 
same. Not the less, whenas matters were thus established, 
and the king's authority universally obeyed without contra- 
diction, certain persons, envying the pubUc quietness, had by 
their subtle practices first brought the queen out of Loch- 
leven, 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 disap- 
point their enterprise, and give unto the king and those who 
stood for his authority a notable victory upon the thirteenth 
day of May last. Wherefore their desire was, that the king 
and his 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 fac- 
tions 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 author of her husband's mur- 
der) was in such favour with her, could not warrant their 
rebellion, since it never was made known to the queen that he 
was the murderer. But to the contrary, Bothwell being in- 
dited, and orderly summoned to underly the trial of law, he 
was by the judgment of his peers absolved, and the same 
absolution ratified by the authority of parliament, where the 
principals that now accuse him, and have withdrawn them- 



A. D. 1568.] CHURCH OF SCOTLAND. 99 

selves from her majesty's obedience, were present, and not 
only 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 de- 
fend him against all that should pursue him for the said 
crime, as their subscriptions would testify : and so neither 
before the marriage with Bothwell nor after did they or any 
of them (which had been the duty of true subjects) so much 
as in word utter their dislike of it, or advertise her majesty 
of the suspicions that were taken of him, until they had 
drawn the keeper of the castle of Edinburgh and the provost 
of the town unto their faction. Then secretly putting them- 
selves in arms, they suddenly under silence of night environed 
the castle of Borthwick, where her majesty remained ; and 
after she had escaped to Dunbar, levied an army, under pre- 
tence to defend the queen, wherewith invading her person in 
the way betwixt Dunbar and Edinburgh, they did take her 
majesty captive." 

And where they allege, that her majesty, preferring the 
impunity of Bothwell to her own honour, made him to be 
conveyed safely away ; " The same was most untrue, for 
they themselves sent the laird of Grange to her majesty, 
desiring her to cause Bothwell pass out of the fields as sus- 
pected of the king's murder, till the same might be tried, and 
that she would go with them and follow the counsel of the 
nobility, which if she would do, they would honour, serve, 
and obey her as their princess and sovereign ; whereunto her 
majesty, for the love she bare unto her subjects, and to avoid 
the effusion of Christian blood, did willingly assent. In veri- 
fication whereof, the said laird of Grange took the earl of 
Bothwell at the same time by the hand, and willed him to 
depart, giving his word that no man should pursue him. So 
as nothing is more clear than that he passed away by their 
own consents ; for if they had been minded against him only, 
would they not have pursued him so long as he was in the 
country, for he remained a great space after that in his own 
house, and might more easily have been taken there than 
upon the seas, where they in a coloured manner did pursue 
him ? Hereby (said they) may all men of sound judgment 
perceive that they cared not what became of him, if so they 
might advance their own ambitious purposes and designs." 



100 THE HISTORY OF THE [a. D. 1568. 

Thirdly, where she is charged to have used them with 
threats and menacmgs ; " That (they said) was not to be 
thought strange, considering their un dutiful behaviour, and 
the rude and vile usage her majesty suffered by them. For 
when the earl of Morton, at her highness' first coming to them, 
had reverently, as it became him, said, Madam, here is the 
place where your grace should be, and we will honour and 
serve you as truly as ever the nobility of the realm did any 
of your progenitors in former times, ratifying thereby the 
promise made by the laird of Grange in their names to her 
majesty, and that she trusting their speeches had gone with 
him to Edinburgh ; they, first lodging her in a simple bur- 
gess house, contrary to their promises did most rudely entreat 
her ; whereupon she sent Lethington her secretary, and made 
offer unto them, that for any thing wherein they or any of 
the subjects were offended she was content the same should 
be reformed by the nobility and the Estates of the realm ; 
her highness being present, and permitted to answer for her- 
self; yet would they not hearken once to the motion, but in 
the night secretly and against her will carried her to Loch- 
leven, and put her in prison." 

As to that they say, that she, wearied with the molesta- 
tions of government, did make a voluntary resignation of the 
kingdom in favours of the prince her son, appointing the 
earl of Murray his regent during his minority, " the false- 
hood thereof did (as they said) many ways appear. For, 
first, her majesty is neither decayed by age, nor weakened 
by sickness, but (praised be God) both in mind and body 
able to discharge the most weighty affairs. As also the 
truth is that the earl of Athole, the lairds of Tulhbardine 
and Lethington (who were of their counsel) sent Robert 
Melvill with a ring and some other tokens to her majesty, 
advising her to subscribe the letters of resignation, and what 
else should be presented unto her, to save her own life, and 
avoid the death which was assuredly prepared for her if she 
should happen to refuse the same ; and at the same time 
the said gentleman did bring unto her majesty a letter 
written by Sir Nicholas Throgmorton, ambassador of Eng- 
land, requesting her highness to set her hand to whatsoever 
thing they should desire of her, because nothing she did, 
being captive and prisoner, could prejudice her. To whom 



A. D. 1568.] CHURCH OF SCOTLAND. 101 

her majesty answered, that she would follow his counsel; pray- 
ing him to declare to her dearest sister, the queen of England, 
how she was used by her subjects, and that the resignation of 
the crown made by her was extorted by fear, which her high- 
ness doubteth not but the said Nicholas performed. 

" Farther, it is notorious that the Lord Lindsay, at the 
presenting of the letters of resignation unto her majesty, did 
menace to put her in close prison if she refused to set her 
hand to the same, adding, that in that case worse would 
shortly follow ; and that her highness never looked what 
was in the writings presented, but signed the same with 
many tears, protesting that, if ever she should recover her 
liberty, she would disavow that which he compelled her at 
that time to do. And to testify that the said resignation 
was made against her will, the laird of Lochleven, who was 
then her keeper, refused to subscribe it as witness, and did 
obtain a testificat under her majesty's own hand, declaring 
that he refused to be present at the said resignation. 

" Neither can that renunciation be sustained by any 
reason, considering that no portion of revenue was reserved 
for her to live upon, neither was her liberty granted, or any 
security given her of her life. All which, weighed in the 
balance of reason, will to men of indifferent judgment make 
manifest that the alleged dimission, so unlawfully procured, 
can never prejudge her majesty in her royal estate; especially 
considering that at her first escape out of prison she did 
revoke the same, and in the presence of a great part of the 
nobility at Hamilton, by a solemn oath, declared that what she 
had done was by compulsion, and upon just fear of her life." 

For the pretended coronation of her highness' son, they 
said, " That the same was most unorderly done, because 
there being in the realm above an hundred earls, bishops, 
and lords having voice in parliament, (of whom the greatest 
part at least ought to have consented thereto, it being an 
action of such consequence,) four earls and six lords, (the 
same that were present at her apprehension,) with one bishop, 
and two or three abbots and priors, were only assisting ; and 
of the same number some did put in a protestation, that 
nothing then done should prejudge the queen or her successor, 
by reason she was at that time a captive. Nor can any man 
think that if the dimission had been willingly made by her 



f"-% 



102 THE HISTORY OF THE [a. D. 1568. 

highness, she would ever have nominated the earl of Murray- 
regent, there being many others more lawful, and that have 
better right thereto than he ; of whom some have been 
governors of the realm in former times, and during her 
majesty's minority had worthily excrced that place." 

It is to as little purpose what they object of the parhament, 
and the ratification made therein, " seeing the principals of 
the nobility disassented, and put in their protestations, both to 
the lords of the articles and in the open parhament, against 
their proceedings, affirming that they would never agree to 
any thing that might hurt the queen's majesty's person, her 
crown and royal estate, farther than her highness' self being 
at liberty would freely approve." Lastly, where they would 
have it seen that the authority established by them was 
universally obeyed in the realm, and all things well and 
justly administered ; " both these are alike untrue. For a 
great part of the nobility have never acknowledged another 
authority than that of the queen, keeping and holding their 
courts in her majesty's name. And for the administration 
of affairs, it is apparent that wickedness did never reign 
more and with less controlment in the realm, murder, blood- 
shed, with theft and robbery, every where abounding ; 
policy destroyed, churches thrown down, honourable families 
ruinated, and true men bereft of their goods, for satisfying 
the soldiers hired by them to maintain the regent's usurped 
government, the like whereof hath not been seen nor heard 
for many ages before. In regard whereof they in behalf of 
the queen of Scotland, their mistress, did earnestly request 
the support and assistance of the queen of England her 
cousin, for restoring her to her crown, and suppressing the 
rebels that had attempted against her." 

The English commissioners having perused the writings 
of both sides, declared, that as yet they were not satisfied with 
any thing the regent had showed, requiring him to produce 
some better and more sound reasons for the severity they 
had used against their sovereign, otherwise they could not 
but think she had been too hardly dealt with, and report so 
much to the queen their mistress. The regent (who dis- 
hked nothing more than to be drawn into the accusation of 
the queen his sister) answered, that he could not be more 
particular till he should be assured that the queen of Eng- 



A. D. 1568.] CHURCH OF SCOTLAND. 103 

land would undertake the protection of the young king, and 
relinquish the cause of his mother. The commissioners re- 
plying, that they had no warrant to promise any such thing, 
he besought them to try the queen's mind, that her pleasure 
being known he might sooner resolve what to do. Letters 
hereupon were sent to the queen, who willed the regent to 
direct some one or more of his side to court for her better 
information. To this effect Secretary Lethington and Mr 
James Macgill, clerk of the rolls, were sent thither, with 
whom the queen having conferred a little time, she gave 
order to recall her commissioners, and advertise the regent 
himself to come unto her. At his coming the queen laid to 
his charge the proceeding against his sister the queen of 
Scots, saying, that " she did not see how he and the rest of 
his faction could well be excused, and that unless matters 
were better cleared on their parts, she could not deny the 
help and assistance that was required at her hands." The re- 
gent, according to the condition proposed at York, answered, 
" That if she would take upon her the defence of the king, they 
should be more particular in their reasons for rejecting the 
queen's authority, and clear every thing they should speak 
sufficiently ; otherwise to accuse his sister and queen, would 
be held odious in the judgment of all men." 

Whilst these things were a-doing in England, the queen's 
faction at home sought all occasions to make trouble, abusing 
the popular sort with rumours they dispersed : sometimes 
giving out that the regent was made prisoner in the Tower ; 
at other times, that he had promised to subject the kingdom 
of Scotland to the EngHsh, to deliver the young king to be 
brought up in England, and put all the forts and strong- 
holds in the realm into their hands. Nor was any man 
more busied in dispersing such hes, and using all means else 
for stirring up tumult, than Sir James Balfour, instigated 
thereto by advertisement from the secretary, as was com- 
monly thought. For by his advice it was that the Scottish 
queen at the same time sent commissions of lieutenandry to 
divers noblemen for erecting again her authority ; like as all 
the while he remained in England he did ever keep intelli- 
gence with the bishop of Ross and others the queen's agents, 
and was one of the chief plotters of the match intended be- 
twixt her and the duke of Norfolk, which came shortly after 



104 THE HISTORY OF THE [a. D. 1568. 

to be detected. The regent, who was not ignorant of these 
secret workings, did find there was a necessity of his return- 
ing home, to prevent the commotions that were breeding, 
before they grew into a greater ripeness : and fearing to 
offend the queen of England, if he should depart without 
giving her satisfaction in the particulars she desired to be in- 
formed of touching the queen of Scots, resolved to do it, but 
with a protestation, which he presented in writing to the council 
at Westminster the twenty-eighth of November, in this form. 
" Albeit our whole proceedings from the beginning of our 
enterprise, directed only for the punishment of the king's 
murder, and the purging of our nation from the scandal of 
that abominable fact, may let the world see how unwiUing 
we have been to touch the queen our sovereign lord's mother 
in honour, or to publish unto strangers matters tending to 
her infamy, yet shall it not be amiss upon the present occa- 
sion to show briefly what hath been, and still is our meaning 
therein. Such and so great was our devotion toward her, as 
well for private affection, whereby every one of us was led 
to wish her well, as for pubhc respects, that rather than we 
would blemish her honour with the foreknowledge of that 
detestable murder, we choosed to wink at the shrewd reports 
of the world, and let ourselves be blazoned as rebels and traitors 
to our native prince ; which had been easy for us to have 
wiped away with the uttering of a few words, if the desire we 
had to save her reputation had not made us content that the 
world should still live in doubt of the justice of our quarrel, 
and speak every one as their affections were incUned. So 
when we were urged by the queen's majesty of England, and 
the French king's ambassadors, to give a reason why we de- 
tained our queen at Lochleven, we gave no other answer, 
but that her affection was so excessive towards Bothwell, the 
committer of that odious murder, that she being at liberty it 
would not be possible to punish him, and that it behoved us 
for a season to sequestrate her person, till he might be ap- 
prehended and punished. In what danger this dealing 
brought us we have no need to show. From France we had 
nothing to expect but open hostiUty, and by keeping up the 
chief causes of her rejection we had reason to fear that the 
queen of England should call the justice of our proceedings 
in doubt, and so leave us destitute of her majesty's aid, at 



A. D. 1568.] CHURCH OF SCOTLAND. 105 

whose hands we principally look to receive comfort in time of 
danger. This course not the less we wonld still have kept, 
if the importunity of our adversaries had not forced us to 
take another way. For remembering what a person she is 
whom we are brought to accuse, the mother of our king and 
sovereign lord, a lady to whom in particular the greatest part 
of us are so far obhged for benefits received, that if with the 
perpetual exile of any one, or of a number of us, forth of our 
native country, we could redeem her honour without the 
danger of the king and whole Estate, we would willingly 
banish ourselves to that end. And therefore ere we dip 
further in the matter which to this hour we have shunned, 
we solemnly protest, that it is not any delight we take in 
accusing her, but a necessity that is laid upon us to purge 
ourselves, that draws us unto it. For if our adversaries 
would have rested content with our former answer, which 
they know to be true, no farther would be needed : but 
against our hearts, in defence of our just cause, they com- 
pelled us to utter the things which we wish were buried in 
perpetual oblivion. So, if our doing seem hateful to any, 
let those bear the blame who force us to the answer, which 
they know we may, and in the end must give. One thing 
only we desire, that they who have brought us to this neces- 
sity may be present and hear what is said, that, if we speak 
any untruth, they may refute the same, for even in point of 
greatest moment we will use their own testimony." 

This being communicated with the agents of the Scottish 
queen, they answered, " That they did not force them to any 
accusations ; and if they did utter any untruths, or calumniate 
the queen in any sort, they would not patiently hear it. 
That all their desires were to have their queen restored to 
her kingdom, from which by force of arms she was expulsed ; 
or if it should please the queen of England to hear any more 
of that matter, they requested that the queen of Scots might 
be sent for, and permitted to speak for herself." 

Meanwhile by a new patent there were joined to the other 
commissioners. Bacon keeper of the great seal, the earls of 
Arundel and Leicester, with the lord admiral, and Sir 
William Cecil, and a time assigned to the regent for produc- 
ing the reasons of the queen's rejecting. When the day 
was come, he presented the confessions of some that were 



10g THE HISTORY OF THE [a. D. 1568. 

executed for the king's murder ; the statutes of parliament 
ratifying her resignation of the crown and her son's corona- 
tion, subscribed by divers of her own party ; certain amatory 
verses and epistles written to Bothwell (as they said) with 
her own hand ; three several contracts of marriage betwixt 
her and Bothwell ; with a number of presumptions, likeli- 
hoods, and conjectures, to make it appear that she was privy 
to the murder Bothwell had committed.* 

The queen of England, having seen and perused all these, 
stood doubtful what to do : for albeit she was content to 
have some blot rubbed upon the queen of Scots, as many 
supposed, yet the pity of her misfortune made her sometimes 
to think of composing matters betwixt her and her subjects. 
The terms besides wherein she stood with the French king, 
who was daily by his ambassadors soUciting the queen of 
Scots' hberty, made her uncertain what course to take ; for 
if she should simply deny his request, it would be esteemed 
a breach of friendship ; and to yield unto his desire, she 
thought it scarce safe for her own estate. Therefore keep- 
ing a middle course, she resolved to suspend her declaration 
unto another time, and willed the regent, seeing he could 
make no longer stay, to leave some of his company to answer 
the criminations, which possibly his adversaries would charge 
him with after he was gone. But he replying, said, " That 
he was not so desirous to return home, but he would wilUngly 
stay to hear what they could allege against him. Nor was 
he ignorant of the rumours they had dispersed, and what 
they had spoken both to some of the council and to the 
French ambassador ; which were more convenient to be 
told whilst he was himself in place and might make answer, 
than to belie and calumniate him in his absence : wherefore 
he did humbly entreat her to cause them utter the things 
plainly that they muttered in secret. Hereupon were the 
queen of Scots' commissioners called, and it being inquired, 
whether they had any thing to object against the regent 
which might argue his guiltiness of the king's murder ;" they 
answered, " That when the queen their mistress should bid 
them accuse, they would do it, but for the present they had 

' [Our author does not record the incident of the bishop of Orkney snatching 
the written accusation from the hands of Secretary Wood, and presenting it at 
the council table. See note at end of Book IV.— E.] 



A. D. 1568.] CHURCH OF SCOTLAND. 107 

nothing to say." The regent replied, " That if the queen or 
any other would accuse him, he should ever be ready to give 
an account of his actions, and neither dechne place nor time ; 
but in the meanwhile till she should intend her accusation, it 
was reason they should declare if they themselves had any 
thing to lay unto his charge." After divers subterfuges, in 
end they professed that they knew nothing which might 
make him or any of his associates suspected of the murder. 

The regent now at the point to depart, a new let was 
made by the duke of Chatelherault, who coming from France 
by England, drew himself into a contestation for the govern- 
ment ; pleading that the same did belong to him, as being 
the nearest of blood, and lawful heir of the crown next after 
the queen of Scots and her succession. 

This he said was the law and practice of all nations, and a 
custom perpetually observed in Scotland ; for proof whereof 
he alleged the regency of Robert Stewart, uncle to King 
James the First, with that of his son Duke Murdoch, after 
the father's death ; the government of John duke of Albany 
in the minority of King James the Fifth, and his own regency 
in the nonage of the present queen. Contrary to which 
custom, a few rebels (as he complained) had most injuriously 
to liis disgrace, and (which was most unsufferable) to the 
contempt of the lawful blood, preferred one base born unto 
the supreme dignity ; which honour if it should be restored 
to him, the civU troubles, he said, would cease, and the queen 
without any tumult be restored to her content. Whereupon 
he requested the queen of England's favour, and that by her 
authority the earl of Murray might be caused cease from his 
usurped government. 

To this in behalf of the regent it was replied, " That the 
duke's petition was most unjust, and contrary to the custom 
and laws of the country, which provided that at such times 
as the crown should fall into the hands of minors, one or 
more of the most sage and powerful in the Estates should be 
elected for the administration of affairs unto the king's ripe 
age. This course, they said, the Scots had constantly kept 
the last six hundred years, and thereby secured the king- 
dom, and transmitted the same free and safe to their pos- 
terity. As, for instance, after the death of King Robert 
Bruce, Thomas Randolph, earl of Murray, was elected 



108 THE HISTORY OF THE [a. D. 1568. 

governor ; upon his death, Duncan earl of Mar ; after him, 
Andrew Murrray, and then Robert Stewart, who were all 
chosen regents one after another. In the minority of King 
James the Second, Sir Alexander Livingstone was elected, a 
man neither of blood to the king nor a noble man of degree, 
but for his worth and wisdom preferred. In hke sort, King 
James the Third had four tutors appointed to him by the _ 
Estates, none of them for any respect of propinquity. 

" And for the examples adduced of Duke Murdoch and 
John duke of Albany, they made nothing to the purpose. 
The last of the two in the minority of King James the Fifth 
being called to the government by the nobility, and confirmed 
therein by the Estates. And to show that in his election no 
respect was had to nearness of blood, his elder brother Alex- 
ander was then alive, who would not have been passed, if 
propinquity or kindred had carried the sway. How Duke 
Murdoch and his father before him came to govern, it was 
well known. King Robert the Third, waxing infirm and 
unable to rule by himself, did substitute his brother (called 
Robert likewise) his lieutenant in the kingdom, commend- 
ing his two sons, David and James, to his care. But 
the kindness he showed to them was, that the elder of the 
two was starved to death in the palace of Falkland, and the 
younger forced to fly for his life, he being detained prisoner 
in England. After the father's death, the uncle usurped 
still the place wherewith he was possessed, and at his dying 
left the same to Murdoch his son. As to that he speaks of 
his own regiment, they said he had done more wisely not to 
have mentioned it, considering his preferment proceeded 
rather of hatred borne to the cardinal, who had supposed a 
false testament, than of any favour carried to himself : and 
that being possessed in the place, he sold both it and the 
young queen to the French, which had bred a great deal of 
trouble. And granting the custom had been such as he pre- 
tends, will any man in reason judge it safe to commit the 
tuition of an innocent child to him, whose family hath enter- 
tained so long enmity with that of which the king is de- 
scended, and will ever be waiting and wishing the death of 
his pupil? None will think it." This was the substance of 
the reply ; which when the queen of England heard, she di- 
rected certain of the council to show the duke, that he was 



A. D. 1568.] CHURCH OF SCOTLAND. 109 

not to look for any help from her in that business, and to 
prohibit his journey into Scotland, till the regent was parted 
and gone home. 

About the same time there were letters of the queen of 
Scots intercepted, sent to the noblemen of her party in Scot- 
land, wherein she complained, " That the queen of England 
had not kept promise unto her ; yet desired them to be of good 
heart, because she was assured of aid by some other means, 
and hoped to be with them in a short time." These letters 
sent from Scotland to the regent, he delivered to the queen 
of England, who, from thenceforth, was much estranged from 
the queen of Scots, as well for that she charged her with 
breach of promise, as because it appeared she leaned to some 
others besides herself. 

The regent presently after took his journey homewards, 
and being attended by the sheriffs and gentlemen of the 
country at the queen of England's direction, came safely to 
Berwick the first of February, and the day following to 
Edinburgh. Within a few days he went to Stirling, and in 
a convention of the Estates having related the proceedings 
m England, had all ratified and approved. 

The twentieth of the same month, the duke of Chatelher- 
ault returned, and being made deputy by the queen of Scots, 
caused publish his letters, prohibiting the subjects to acknow- 
ledge any other sovereign than the queen. Hereupon the 
regent gave forth proclamations, charging the lieges in the 
king's name to meet him in arms at Glasgow the tenth of 
March. The duke in the mean time sent to the Assembly of 
the Church, convened at that time in Edinburgh, a prohx 
letter, wherein he signified, " That being in France, and hear- 
ing what troubles were moved at home, the love he carried 
to his native country made him return with intent to pacify 
these stirs at his utmost power. And, howbeit, in his ab- 
sence he had suffered wrong, yet he assured them that his 
own particular did not grieve him so much as the danger 
wherein the kingdom was brought by the diversity that had 
happened betwixt the queen their native sovereign and a part 
of her subjects, which he wished to be removed in some quiet 
and peaceable manner ; and that the Estates convening might 
(after they had considered the ground and beginning of these 
troubles, which he conceived to be the murder of the queen's 



110 THE HISTORY OF THE [a. D. 1568. 

late husband,) with one consent agree upon some reasonable 
course to be followed for redress thereof, and of the evils 
which thence had proceeded ; whereunto he, and all the no- 
bility continuing in the obedience of the queen their sovereign, 
should be found phable. Which he did not write (as he said) 
because of the proclamations made by the earl of Murray to 
convene people in Glasgow the tenth of March ; ^ for since 
these troubles began he was not in the country ; and if all 
Scotland were gathered, he would trust for his own and his 
predecessors' good deserving to find such favour as, if the earl 
of Murray would invade him and his friends, he should not 
be assisted by any of them to do him wrong. Therefore de- 
sired them in God's behalf (so the letter beareth) to make 
his mind and intention known to the people ; or if they did 
not think his desires and offers reasonable, that they would 
come and reason with himself, whom they should find easy to 
be ruled in all matters according to God's word and equity." 

To this letter, dated at Hamilton, the twenty-seventh of 
February 1568, the Assembly answered, " That they would 
communicate the letter with the regent, and know his plea- 
sure, whether or not they should send any of their number 
to the duke in commission to treat with his grace." Which 
accordingly they did, appointing the superintendents of 
Lothian and Fife, with Mr John Row, to go unto the 
regent, and, having obtained his license, to pass to the duke 
and noblemen that were in his company, and use all means 
possible for reconciling them to the obedience of the king 
and his regent. 

They had also certain petitions given them to be presented 
to the regent in name of the Church ; as to desire, " That 
beneficed persons not bearing function in the Church, and 

' [" Spottiswoode and Buchanan represent the regent's order to assemble troops 
as issued after the Convention, and after the duke of Chatelherault had arrived 
in Scotland ; but Lord Hunsdon, who had received a letter from the re£;ent him- 
self, states, that the gathering of the forces was by the appointment of the Con- 
vention, and there can be little doubt that this was the case. His last letter 
is dated twenty-first February. In it he says that he had received a letter from 
Murray, on the twentieth, mentioning that forces were ordered to join him by 
the tenth of March. But the duke did not come to Scotland till the twentieth of 
February, and consequently the orders must have been issued before his arrival. 
Indeed, it is not likely that the regent, contemplating as he did much opposition, 
would not solicit the Convention's approbation of the strong measures which ha 
judged it prudent to adopt."— Cook's History of the Church of Scotland, 
vol. i. p. 47.— E.] 



A. D. 1568.] CHURCH OF SCOTLAND. Ill 

subject only in payment of thirds, should be compelled to 
contribute for sustentation of the poor : that remedy might 
be provided against the chopping and changing of benefices, 
diminution of rentals, and setting of tithes in long leases, to 
the defrauding of ministers and their successors ; that they 
who possessed plurahty of benefices might be caused dimit all 
saving one ; that the jurisdiction of the Church might be sepa- 
rated from the civil ; and that they might, without his grace's 
offence and the council's, use their censures against the earl 
of Huntly for deposing the collectors of the Church, and 
placing others in their rooms, by his own authority." Such a 
respect was carried in that time to civil power, as the Church 
could not proceed in censures against men in prime places 
without their knowledge ; the neglect whereof in after times 
brought with it great troubles both to the Church and State. 
I find in the same Assembly, the university of St Andrews 
ordained to meet, and form such orders as they should think 
fit for giving degrees in divinity, whereby it appeareth that 
our first reformers were not enemies to degrees, either in 
schools or in Church. 

But to return to the State : by the travels of the superin- 
tendents, matters for that time were transacted betwixt the 
regent and the duke in this manner. " That the duke should 
come to Glasgow, and submit himself to the king's authority. 
That he and his friends should be restored to their honours 
and possessions. That he should give surety for his and 
their continuing in the king's obedience ; and that the rest 
who were joined with him in that cause should be all accepted 
upon the same conditions." This transaction not contenting 
the earls of Argyle and Huntly, they refused to be com- 
prised under it; either thinking to obtain better or more 
easy conditions of the regent, or animated by the queen of 
Scots' letters, who had then conceived some hopes of liberty. 

The duke, hearing that they would not accept the condi- 
tions, did forethink what he had done, and at the day ap- 
pointed for giving in his surety, though he came himself to 
Edinhm-gh, made divers shifts, desiring that all matters 
might be continued to the 10th of May, when the two earls 
were expected, and the queen's mind would be better known. 
It was told him, " That the earls were treating severally for 
themselves, so as he needed not to wait on their coming. 



112 THE HISTORY OF THE [a. D. 1569. 

And for the queen's approbation, being asked, if she should 
deny it, what in that case would he do ?" More ingeniously 
than profitably for himself he answered, " That he was drawn 
against his will to make the promise he had made, and that 
if he were freed of it, he would never consent to the like." 
Thereupon was he and the Lord Herries (who accompanied 
him, and was thought had diverted him from liis former re- 
solution) committed in the castle of Edinburgh. 

The earls of Argyle and Huntly, who were at the same 
time making their own appointment, had a day assigned 
them at St Andrews, whither Argyle came first ; and with 
him the difiiculty was not great, because in the last tumults 
he had carried himself more moderately than others ; where- 
fore of him no more was craved, but that he should swear 
obedience to the king and authority in time coming, as he 
did. The business with Huntly was greater, for he during 
the regent's absence had usurped the royal power, placing 
lieutenants in the countries of Angus, Mearns, and Stratherne, 
and committed great spoils upon the subjects in those parts. 
Therefore whenas divers of the council did advise to put all 
things past in oblivion, it was by others opposed, " That the 
example of such impunity would prove hurtful: for when 
they that had continued in the king's obedience, and sustained 
loss in their goods, should perceive the rebels after a manner 
rewarded, and no regard taken of their losses, they would 
undoubtedly grudge, and, if troubles should afterwards arise, 
be more slack to do service ; yea, granting there were no 
such inconvenience to be feared, yet neither the regent nor 
yet the king himself could by law remit the robbing of an- 
other man's goods, unless restitution was made of that which 
was spoiled." And whereas some did object his greatness, 
and that his lying out might cause great uuquietness, it was 
replied that " it was an idle fear : for was not his father, a man 
of greater wealth and wisdom, easily brought under foot, 
when he set himself against the authority ? And shall he, 
who hath not as yet repaired the calamities of his house, be 
able to withstand the forces of a whole kingdom ? It is more 
foohsh, they say, that he will seek to some foreign prince, 
and so endanger the country ; for whom shall he find ? 
Princes are not wont to make account of strangers, farther 
than may serve to their own commodity. To accept him in 



A. D. 1569.] CHURCH OF SCOTLAND. 113 

favour, they said, was sufficient, albeit he gave satisfaction 
to the subjects whom he had wronged." This opinion pre- 
vailing, it was concluded that, after trial of the complaints, 
he should satisfy those that he had wronged, at sight of the 
council. 

But then arose another question, " Whether all that had 
assisted him in these last troubles should be comprised in his 
remission, and power given him to compone with them for 
satisfying such as complained ; or that they should be sever- 
ally called, and every man fined as he should be tried to 
have offended." They who thought the earl too rigorously 
used in the point of satisfaction, held that to be the smallest 
favour which could be done to him, to remit his followers to 
himself. But to the contrary it was answered, " That in civil 
wars nothing was so much to be looked unto as the weaken- 
ing and dissolving of factions, which is the most easily wrought, 
when the prince reserves to himself the power of pardon and 
punishment." It was farther said, " That a several examina- 
tion was necessary, because all had not offended alike ; and 
that no man was so unfit to take that trial as the earl himself, 
because in all probability they should find most favour at his 
hand who had been most forward in his service, and so the 
least guilty should bear the heaviest punishment." Upon 
these considerations it was thought meet to convene his fol- 
lowers severally, remitting his domestics only to be used by 
him at his pleasure. And thus was he received into grace ; 
which done, the regent made an expedition into the north, 
where having kept justice-courts at Aberdeen, Elgin, and 
Inverness, he settled all those parts in peace, and for observ- 
ing the same took pledges of Huntly, and the principal 
clans of the country. 

In his return the Lord Boyd, who was lately come from Eng- 
land, did meet him at Elgin with letters from both the queens, 
and some others written by his private friends in the Eng- 
Ush court. The queen of England in her letters made offer 
of three conditions in behalf of the queen of Scots, requiring 
one of the three to be accepted. These were, " That she 
should either be absolutely restored to her royal dignity ; 
or be associated in the government with her son, and in all 
letters and public acts honoured with the title of a queen, 
the administration of affairs continuing in the regent's hands 

VOL. n. 8 



114 THE HISTOUy OF THE [a. D. 1569. 

till the king should be seventeen years of age ; or, if none 
of these could be granted, that she might be permitted to 
return unto her country, and live a private life, having 
honourable means appointed for her entertainment." The 
queen of Scots desired "that judges should be appointed for 
cognoscing the lawfulness of her marriage with Bothwell, 
and if the same was found contracted against the laws, it 
might be declared null, and she made free to marry where 
she pleased." From private friends, especially by a letter of 
Sir Nicholas Throgmorton, the regent was advertised, that 
the marriage of the duke of Norfolk with the queen of Scots 
was concluded, and that they did wait only the opportunity 
of performance. Wherefore he wished liim to concur with 
his best friends in that matter, and to do it with such ex- 
pedition and good affection, as it might not appear either to 
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 choose, who would provide for him 
and the rest that had assisted him, substantially and as- 
suredly. " His conscience," he said, " and some over precise 
objections might perhaps trouble him ; but if he could have 
espied any other thing than his overthrow in resisting, he 
would not have written so peremptorily unto him." Then 
concluded with these words, " No man's friendship will be 
more embraced than yours, no man's estimation be greater if 
you shall conform yourself, and concur with your friends in 
this : contrariwise, if you withstand, or become an adverse 
party, you will be so encumbered both from hence, from thence, 
and 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 showed, 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 
business, 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 



A. D, 1569.] CHURCH OF SCOTLAND. 115 

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 encouraged, he did inform him particu- 
larly of the duke of Norfolk's consent, and the approbation 
of the earls of Arundel, Pembroke, Leicester, Bedford, 
Shrewsbury, and the rest of the noblest, wisest, 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, besides these, divers 
well aifected both to religion and state did wish the purpose 
a good success ; for perceiving no inclination in the queen of 
England herself to take a husband, they feared the queen 
of Scots, who was her undoubted heir, by matching with 
some foreign 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 rehgion. For by this 
match, as they made account, if it should happen the young 
king to die, the two kingdoms might be united in a prince of 
the Enghsh nation ; or if he lived unto a ripe age, he might 
be married with the duke's 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 July thereafter. At 
which time an Assembly of the Church was also kept in 
Edinburgh, and from it commissioners directed to the Con- 
vention, to renew the petitions made the year preceding, 
that as yet had received no answer. And farther, to desire 
" that a portion of the tithes might be allotted for sustenta- 
tion 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 intromit therewith, for the 
more ready payment of ministers according to their assigna- 
tions." But these petitions, in regard of the more weighty 
business, were deferred to another time. 

And the Convention falling to consider the letters sent 
from England, did hardly accord upon an answer. Begin- 



116 THE HISTORY OF THE [a. U. 1569. 

ning with that of the queen of England, they judged the 
first condition so derogatory to the king's authority, as they 
did simply reject it. The second, of association, was held 
dangerous ; and the third only 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 king's authority taking exception, first, at 
her imperious form of writing, and that she did command 
them, as though she were their absolute queen ; then at the de- 
sire itself 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 lurk- 
ing under that purpose of divorce than was openly pretended. 
Such as affected the queen, and were privy to the marriage 
intended with Norfolk, excusing the form of writing, and lay- 
ing the blame upon her secretaries, made offer to procure new 
letters in what terms they pleased, so as judges were named 
to proceed in the divorce : and when they saw this not to be 
regarded, in a chafing mood they said, " That it was strange 
to think, how they that, not many months passed, seemed to 
desire nothing more than the queen's separation from Both- 
well, 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 Den- 
mark, and desire him to do justice upon Bothwell for the 
murder of the king her husband. That done, the divorce 
would not be needful, and she freed to marry where and 
when she pleased." 

The Convention breaking up, and neither the queen's fac- 
tion obtaining what they desired, nor Lethington the employ- 
ment Avhich he affected, new suspicions began to rise on all 
sides, and, as in the most secret practices somewhat always is 
bursting forth, a rumour went rife amongst the common sort, 
that some great enterprise was in hand, which would bring 
with it a wonderful change in both kingdoms. Mr John Wood, 
one of the regent's domestics, being sent with the answer of 
the Convention, did signify to the queen of England the busi- 
ness 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. 



A. D. 1569.] CHURCH OF SCOTLAND. 117 

The truth was, that she held not the gentleman of sufficient 
quality to deal in such businesses ; for otherwise she was not 
ignorant of the cause wherefore the divorce was sought, and 
had warned Norfolk 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 country, and gave her in custody 
to George Talbot, earl of Shrewsbury, and Edward Hast- 
ings, earl of Huntingdon. 

The regent, upon his servant's return, convened the no- 
bility again at Stirling, where in effect the same answer, that 
of before, was given to the propositions made by the queen 
of England ; and herewith Robert Pitcarne, abbot of Dun- 
fermhne, a man of good sufficiency, was directed, who was 
willed to say for the point of association, " That the same 
could not be granted, as tending to the utter overthrow of 
the king's authority, and the endangering of his person. For 
besides that the participation of a crown was obnoxious to 
many perils, there could be no equality of government be- 
twixt an infant king and a woman of mature age, who would 
find a thousand ways, being once possessed with a part of 
the rule, to draw the whole unto herself. And if it should fall 
that she matched with some foreign prince, or other great 
personage who must needs be partner with her in the govern- 
ment, the danger would be so much the greater." These 
and the like reasons he was willed to use for the queen of 
England's satisfaction. But, before his coming to court, the 
face of things was quite changed ; the duke of Norfolk com- 
mitted to the Tower, and the bishop of Ross put in the keeping 
of the bishop of London. After which brake shortly forth that 
rebellion in the north part of England, whereof ThomasPercy, 
earl of Northumberland, and Charles Nevil, earl of Westmore- 
land, were the heads. A rebellion that in the beginning caused 
great stir, and put the queen of England in such fear, as once 
she resolved to send the queen of Scots by sea to the regent ; 
but the sudden dispersing of the rebels altered that resolution. 
The two earls fleeing into Scotland, Northumberland 
was, not long after, put out by some borderers to the regent, 
and sent to be kept in Lochleven : Westmoreland found the 
means to escape into Flanders, where he hved long in a poor 
and contemptible estate. 



118 THE HISTORY OF THE [a. D. 1569. 

Lethington, perceiving all his devices frustrated, and being 
conscious to himself of divers ill practices, remained for the 
most part with the earl of Athole at Perth ; who being sent 
for to come to the regent, made divers excuses, and when he 
could not shift his coming any longer, entreated Athole to 
accompany him, that if need was he might use his interces- 
sion. Being at Stirling in council. Captain Thomas Craw- 
ford, servant to the earl of Lennox, did openly charge him 
with the king's murder, whereupon he was committed in a 
chamber within the castle of Stirling. And at the same time 
were certain directed to apprehend Sir James Balfour, who 
was guilty of the same crime ; but he made an escape. 
Lethington was sent prisoner to Edinburgh (where he was 
to have his trial) under the charge of Alexander Home of 
North Berwick, a trusty gentleman. 

Having stayed some days in lodging not far from the 
castle, the laird of Grange, counterfeiting the regent's hand, 
came about ten of the clock at night, and presented a war- 
rant for receiving the prisoner in his keeping. The gentle- 
man, taking no suspicion, obeyed, for he knew no man to be 
more inward with the regent than was Grange. And he, 
indeed, unto that time did carry the reputation of an honest 
man, nor was any one thought more sure and fast than he 
was. But from thenceforth he became hated of all good men, 
and was in no esteem, as having abused his credit and de- 
ceived the regent, to whom he was many ways obHged. For, 
besides other benefits, he had preferred him before all his 
own friends to be keeper of the castle of Edinburgh. The 
next day, being sent for to come to the regent, he refused. 
Not the less, the day following (so careful the regent was to 
reclaim the man) he went himself to the castle, and conferred 
a good space with him, accepting the excuse he made, and 
contenting himself with a promise to exhibit Lethington when 
he should be called to his trial. 

After which, keeping his journey to the borders, which he 
had intended, he went by the Merse, and, as he was accus- 
tomed, took up his lodging in the castle of Home. But there 
he was coldly received, the lord of the place having changed 
his party, and taken himself to the contrary faction. From 
thence he went to Teviotdale ; and though he was advised 
by his friends, because of his small company, to return, and 



A. D. 1569.] CHURCH OF SCOTLAND. 119 

defer his journey to another time, he would needs go on, and 
had great obedience showed in all the parts to which he came. 

All the time of this expedition he had warning given him 
daily of some practices against his life, wherein Grange was 
ever named as one of the principals. But he, not trusting 
these informations, sent the copies of all his advertisements 
to Grange ; whose purgations were so slender, as he was ever 
after that time held suspected. Soon after the regent's re- 
turn from the borders, the abbot of Dunfermline came home 
from England, showing that the queen had taken in good 
part the answer of the council, and was specially pleased with 
the taking of Northumberland, which she promised to re- 
member with all kindness. 

And now the diet approaching of Lethington's trial, because 
of the numbers that were preparing to keep the day, the 
regent, disliking such convocations, and for that he would not 
have justice outbragged, did prorogate the same for some 
months. 

The adverse faction finding his authority daily to increase, 
and despairing of any success in their attempts so long as he 
lived, resolved by some violent means to cut him off; and to 
bring the matter to pass, one James Hamilton of Bothwell- 
haugh did offer his service. This man had been imprisoned 
some time, and being in danger of his life, redeemed the same 
by making over a parcel of land in Lothian, called Wood- 
houselee, that came to him by his wife, to Sir James Bellen- 
den, justice- clerk. How soon he was let at liberty he sought 
to be repossessed to his own, and not seeing a way to recover 
it (for the justice-clerk would not part therewith), he made 
his quarrel to the regent, who was most innocent, and had 
restored him both to life and liberty. The great promises 
made him by the faction, with his private discontent, did so 
confirm his mind, as he ceased not till he found the means to 
put in execution the mischief he had conceived against him ; 
and having failed the occasion which he attended at Glasgow 
and Stirling, he followed the regent to LinUthgow, where 
lurking privily in the archbishop of St Andrews his uncle's 
lodging, the next day, as the regent did pass that way, he 
killed him with the shot of a bullet, that entering a little be- 
neath the navel, and piercing the bowels, did strike dead the 
horse of a gentleman who was riding on his other side. The 



120 THE HISTORY OF THE [a. D. 1569. 

regent had warning given him the same morning, that one 
did lie in wait for his Hfe, and had the house designed where 
the man did lurk ; but giving small ear unto it, answered, 
that " his life was in the hands of God, which he was ready 
to yield at his good pleasure." Only he resolved to pass out 
of the town by the same gate at which he entered, and to 
turn on the back of the town unto the way that led to Edin- 
burgh, whither he was purposed. But when he had taken 
horse, either that he would not seem fearful, or then hindered 
by the throng of horsemen that attended, and thinking to 
ride quickly by the house that was suspected, he changed his 
resolution ; but the throng there working him the like im- 
pediment, the murderer had the occasion to execute his 
treachery. 

How soon the regent perceived himself stricken, he lighted 
from his horse, and returned on foot to his lodging. The 
chirurgeon at the first inspection of his wound did affirm it 
not to be deadly, yet after a few hours his pain increasing 
he began to think of death. They who stood by saying, 
that he had lost himself by his clemency, having spared that 
miscreant whose life he might justly have taken ; he an- 
swered, that " they should never make him forthink any 
good he had done in his life." Thereafter giving order for 
his private aifairs, he seriously commended the care of the 
young king to such of the nobility as were present, and die 
a little before midnight. This fell out the twenty -third oi 
January 1569, being a Saturday. 

The murderer escaping by the postern-gate of the garder 
came the same night to the town of Hamilton, where at first 
he was welcomed with many gratulations and made much of; 
yet shortly after, to decline the envy of the fact, which theyl 
heard was universally detested, they gave him a little monej 
and sent him away into France. Thuanus writeth in his 
story, that, not long after he came thither, he was sohcited 
to undertake the like enterprise against Gasper Cohgnie, 
that worthy admiral of France ; and that he did answer, 
that " he had no warrant from Scotland to commit murders 
in France ; and howbeit he had taken revenge of the wrong 
done to himself, he was not either for price or prayer to 
undertake other men's quarrels." Whether this was so or 
not, I leave it upon the credit of the writer. 



A. D. 1569.] CHURCH OF SCOTLAND. 121 

The death of the regent was by all good men greatly- 
lamented, especially by the commons, who loved him as their 
father whilst he lived, and now mourned grievously at his 
death. The great things he had wrought in his life (having 
in the space of one year and a little more quieted the state, 
which he found broken and disordered) made his very 
enemies speak of him after his death with praise and com- 
mendation. Above all his virtues, which were not a few, he 
shined in piety towards God, ordering himself and his family 
in such sort, as it did more resemble a church than a court. 
For therein besides the exercise of devotion, which he never 
omitted, there was no wickedness to be seen, nay, not an 
unseemly or wanton word to be heard. A man truly good, 
and worthy to be ranked amongst the best governors that 
this kingdom hath enjoyed, and therefore to this day honoured 
with the title of The Good Regent. 

There fell out the next day after his death a thing which 
I thought was not to be passed. He was killed on the Satur- 
day, and died (as I have said) a little before midnight. The 
word of his death coming to Edinburgh, Thomas Maitland, a 
younger brother of Lethington (this is he whom Buchanan 
makes his collocutor in the dialogue De Jure Regni), knowing 
what esteem John Knox made of the regent, and loving none 
of the two, caused a writing to be laid in the pulpit where 
John Knox was that day to preach, to this sense, and almost 
in the same words ; " Take up the man whom you accounted 
another god, and consider the end whereto his ambition hath 
brought him." John Knox finding the paper, and taking it 
to be a memorial for recommending some sick persons in his 
prayers, after he had read the same, laid it by, nothing as it 
seemed commoved therewith ; yet in the end of the sermon, 
falling to regret the loss that the church and commonwealth 
had received by the death of the regent, and showing how 
God did often for the sins of the people take away good 
rulers and governors, " I perceive," said he, " albeit this be 
an accident we sliould all take to heart, there be some that 
rejoice in this wicked fact, making it the subject of their 
mirth ; amongst whom there is one that hath caused a writing 
to be cast in this place, insulting upon that which is all good 
men's sorrow. This wicked man, whosoever he be, shall not 
go unpunished, and shall die where none shall be to lament 



122 THE HISTORY OF THE [a. D. 1569. 

him." The gentleman was himself present at sermon, and 
being come to the lodging, asked his sister, who was also 
there, if she did not think John Knox was raving to speak so 
of the man he knew not. But she weeping said, " that she 
was sorry he had not followed her counsel ; for she had 
dissuaded him from that doing. None of this man's denun- 
ciations," said she, " are wont to prove idle, but have their 
own ejffect." Shortly after, the troubles of the country in- 
creasing, the gentleman betook himself to travel, and passing 
into Italy died there, having no known person to attend him. 
This I thought not unworthy of record, being informed 
thereof by the gentleman's sister to whom these speeches 
were uttered, and who was privy to the whole purpose, for 
an advertisement to all persons, not to make a light account 
of the threatenings of God's servants. The gentleman was a 
youth otherwise of great hopes, learned and courteous, but 
miscarried with aiFection, and not to be excused in this, that 
he took pleasure in the fall of him whom he judged an enemy; 
a thing inhumane, and abhorred of the very heathen. 

The word of the regent's death carried in haste to Eng- 
land, the queen sent Thomas Randolph, master of her posts, 
ambassador into Scotland, partly to confer with the council 
upon the surest means to keep affairs in the state wherein 
they were, and partly to complain of the incursion lately 
made in England. For the very night after the regent's 
murder, Walter Scot of Buccleuch and Thomas Ker of Farni- 
herst had invaded the country bordering upon them, and 
practised greater hostility than was accustomed, of purpose 
to embroil the two kingdoms in a public war, which they of 
the Scottish queen's faction most earnestly desired. The 
ambassador was no sooner come, but he had hearing given 
him by the council ; to whom after he had spoken a few 
words concerning her majesty's good affection to the realm 
in general, and in her name commending to their care the 
preservation of religion, the safety of the young king, and 
the punishment of the late murder, he did much aggravate 
the insolence of the borderers, and the spoil they had made 
in England, saying, " That his mistress knew sufficiently 
that these things were not done by public allowance, and 
therefore meant not to make quarrel to the country, but take 
herself to the actors, whom if they by themselves could not 



A. D. 1569.] CHURCH OF SCOTLAND. 123 

suppress, her majesty would either join her power to theirs, 
or, if they thought meet, send an army into Scotland, which, 
without doing harm to any good subject, should only punish 
the committers of that insolence." 

The council returning many thanks to the queen for her 
kind ambassage, excused themselves by the present troubles, 
that no determinate answer could as then be given to his 
propositions, and therefore besought him to have patience 
unto the first of May, at which time the Estates of the 
realm were to meet, by whom her majesty should receive 
all satisfaction. The Estates convening at the day, William 
Douglas of Lochleven, brother uterine to the late regent, 
preferred a petition to the council for some course to be 
taken in the revenge of his brother's murder, considering he 
was taken away in the defence of the common cause of the 
realm, and not upon any private quarrel. The petition was 
held reasonable by all that were present, every one consent- 
ing to the pursuit and punishment of the murderer and his 
complices. But in the manner they agreed not. Some ad- 
vising that not the murderer only, but all who were sus- 
pected to have had a hand in the treachery, should be called 
to underlie the ordinary trial of law at a certain day. 
Others esteemmg such a form of process unnecessary with 
them who had already taken arms to maintain the fact ; and 
that the best course were, to pursue with all hostility both 
these that were delated of the recent crime, and such as had 
been forfeited in the parliament preceding. Many inclined 
to the last course, yet because it was opposed by divers of 
special note, there was nothing concluded in the business ; 
which was generally ill taken of the people, who construed 
the delay to proceed of some private favour carried to the 
enemies, and to be done of purpose, that either with time the 
hatred of the murder might be lessened, or the adversaries 
might have leism^e to make themselves more strong. 

The Assembly of the Church in the meanwhile (which 
was then convened at Edinburgh), to declare in what detes- 
tation they had the murder committed, did ordain the mur- 
derer to be excommunicated in all the chief burghs of the 
realm, and whosoever afterwards happened to be convicted 
thereof to be used in the same manner. In this Assembly 
divers constitutions were made for discipHne, and amongst 



124 THE HISTORY OF THE [a. D. 1570. 

others an act for the public inauguration of ministers at their 
entry, whereunto the revolt of some preachers gave occasion, 
that, forsaking the pulpit, took them to the pleading of 
causes before the lords of Session. It was then also con- 
descended, that forth of the thirds, five thousand marks 
should be yearly paid for the furnishing of the king's house, 
and the Church burdened with no farther duty. 

Some few days after, the principals of the queen's faction 
being convened at Glasgow, the earl of Argyle and Lord 
Boyd did write to the earl of Morton, and offer to join with 
the rest of the nobility in the trial and punishment of the 
regent's murder, so as the meeting were appointed at Stir- 
ling, Falkirk, or Linlithgow, for to Edinburgh they would 
not come. This letter (as he was desired) he communicated 
with the secretary, who was after the regent's death come 
forth of the castle, and by the earl of Athole brought again 
unto the council, having first purged himself of the accusa- 
tion laid against him, and promised to submit himself unto the 
most severe trial that could be taken. His advice to the 
earl of Morton was, that the noblemen should all be brought 
to Edinburgh, which for those of the queen's party he un- 
dertook to do, and to that effect he sent letters unto the 
principals of that faction, showing that they had no cause to 
fear, being in forces superior to the others, and having the 
lord of Grange on their side (for he had then plainly de- 
clared himself for the queen), who was both provost of the 
town and commanded the castle. Thus, about the midst of 
March, the earls of Huntly, Athole, and Crawford, with the 
Lords Ogilvy, Home, and Seaton, did meet at Edinburgh. 
The earl of Argyle, the Hamiltons, and the Lord Boyd 
came as far as unto Linlithgow ; but by occasion of a tumult 
raised amongst some soldiers, they were forced to disperse 
their companies, and return home to their dwellings. Within 
a few days the earls of Mar and Glencarne came likewise to 
Edinburgh ; after whose coming the lords of both factions 
meeting to confer, did think fit to continue all things till the 
earl of Argyle was advertised, whose authority was great in 
those times. And when it was known that he was gone 
back from Linlithgow, the earl of Huntly followed to per- 
suade his return ; but he would not consent. They write 
the secretary should have privily dissuaded him, as one who 



A. D. 1570.] CHURCH OF SCOTLAND. 125 

loved to keep all things loose ; but I do not see what advan- 
tage he could expect that way, and think rather that, as his 
estate then stood, he did earnestly desire to have matters 
accorded. The true cause of Argyle's declining that confer- 
ence seems to have been the averseness of his brother and 
others of his friendship, who refused to follow him in that 
quarrel, and carried a constant affection to the maintaining 
of the king's authority. 

Whenas the other noblemen perceived that Argyle would 
not come, they began to treat of the choice of a regent in 
place of him who was taken away. Here first they fell to 
question their own power and authority, which some main- 
tained to be sufficient, because of the patent the queen had 
given at first for the administration of affairs in her son's 
minority, in which seven noblemen were named, besides the 
late regent, and that of this number they might choose, as they 
said, any one. Others reasoned that no respect ought to be 
had to that patent, the same being expired by the creation of 
the last regent, for which only at the time it was granted. 
The more moderate gave their opinion, that all proceeding 
in that business should be delayed till the convention of the 
Estates in May next. This was likewise opposed by a num- 
ber that esteemed the protracting of time dangerous, and 
thought that it concerned the noblemen who had first assisted 
the coronation of the king, and continued firm in his obedience, 
to nominate a regent that would be careful of the young king 
his preservation, and of the quiet and tranquillity of the realm. 
But this opinion, as tending to the fostering of discord, was 
rejected. So that meeting dissolved without any certain 
conclusion. 

At the same time one Monsieur Verac, cubicular to the 
French king, landed at Dumbarton, bringing letters to the 
noblemen of the queen's faction, full of thanks for the constant 
affection they had showed in maintaining her cause, and pro- 
mises of present succours. This did so animate them, as in 
a frequent meeting, kept the first of April at Linlithgow, 
they began to discover the intention, which before they had 
concealed, of making war upon England; for this, as they 
judged, would serve to obliterate the late regent's murder. 
And to give the more authority to their proceedings, they 
took purpose to remove to Edinburgh, using all means to 



126 THE HISTORY OF THE [a. D. 1570. 

draw the town to be of their party, which they thought 
would be easily obtained by reason of Grange his command- 
ment ; and if they should once compass this, they put no 
doubt to draw the rest of the country their way in a short 
time. But first they resolved to advertise the town of their 
coming, and to entreat their favour. The magistrates an- 
swered, that their gates should be patent to all that professed 
themselves subjects to the king ; but they would neither re- 
ceive the English rebels (meaning the earl of Westmoreland 
and Lord Dacres, who were in company with the lords), nor 
the Hamiltons and others suspected of the regent's murder, 
nor yet permit any proclamations to be made derogatory to 
the king's authority. 

These conditions seemed to them hard, yet, hoping by 
conversation to win the people to their side, they came for- 
ward. The next day after their coming to the town, they 
gave out a proclamation, " Declaring their good affection to- 
wards the maintenance of true rehgion, their sovereign, the 
liberty of the country, and the setthng of the present divi- 
sions, which must, as they said, unless timeous remedy were 
provided, bring the realm to utter destruction. They desir- 
ed therefore all men to know, that they had esteemed the 
enterprise taken by some noblemen against the earl of Both- 
well, for revenging the murder of the king and setting of the 
queen at liberty, both good and honourable, whereunto they 
would have given their assistance if the same had been duly 
required. And for the things that had intervened, which 
they did forbear to mention lest they should irritate the 
minds of any, their desire was the same might be in a familiar 
and friendly conference calmly debated, and a peaceable 
course taken for removing the differences. Meanwhile, be- 
cause they understood that some unquiet spirits gave out, 
that their present convening was for the subversion of the 
rehgion presently professed, — as they could not but give 
notice to all the subjects, that they who were now assembled 
were for the most part the first and chiefest instruments in 
advancing religion, and had still continued in professing the 
same, with a resolution to spend their lands and lives in 
maintenance thereof, — so they desired to have it known, 
that their meeting at that time did only proceed from a de- 
sire they had to see a perfect union and agreement estabhshed 



A. D. 1570.] CHURCH OF SCOTLAND. 127 

in the realm, for which they were ready to meet with those 
of the nobiUty that differed from them in judgment, and con- 
descend (after the ground of the differences was ript up) 
upon such overtures as should be found agreeable to the 
setting forth of God his honour, the strengthening of the 
royal succession, the preservation of the young prince, the 
entertaining of peace with foreign nations, and the settling of 
concord, amongst the noblemen and other subjects. Tliis they 
declared to be their sole intention ; and rather than the same 
should not take the wished effect, they were content to yield 
unto any conditions that should bo thought reasonable ; under 
protestation, that if this their godly and honest purpose for 
the re-union of the state was neglected and despised, the in- 
convenients that ensued might be imputed to the refusers, 
and the noblemen presently convened be discharged thereof 
before God and man." This was the substance of the pro- 
clamation, in the end whereof the lieges were charged to 
concur with them in forthsetting that godly purpose, and a 
proliibition made, under great pains, to join with any others 
that should attempt, under the cloak of whatsoever authority, 
to hinder the same. 

But neither did this declaration, nor the great travail taken 
by the earl of Athole at the same time, prevail with the 
other noblemen to bring them to this meeting, for still thev 
excused themselves by the Convention appointed in May, 
" wliich," they said, " there was no necessity to prevent ; or 
if any extraordinary occasion did require it, the same being 
signified to the earl of Morton, who lay at Dalkeith, upon 
his advertisement they should be ready to meet." So finding 
their hopes this Avay disappointed, by advice of the secretary 
(whose directions only they followed) they took purpose to 
deal with the earl of Morton apart. To this effect the earl 
of Athole, the prior of Coldingham, brother to the secretary, 
and the Lord Boyd, were selected to confer with the earl of 
Morton and abbot of Dunfermline ; but they could come to 
no agreement. For the earl of Morton (of whom they had 
conceived some hope) would not hearken to any conditions, 
except they did acknowledge the king for their sovereign. 
Hereupon they fell to other counsels : and first, seeking to 
have the town of Edinburgh at their direction, they craved 
the keys of the gates to be dehvered ; which being refused, 



128 THE HISTORY OF THE [a. D. 1570. 

they resolved to contribute moneys for hiring of soldiers, and 
to draw so many of their friends and followers thither as, 
with help of the castle, might command the town. But as 
they were about these devices, advertisement was brought of 
an army come to Berwick under the command of the earl of 
Sussex, Avhich troubled all these projects. To remain in 
Edinburgh they held it not safe ; yet lest it should be thought 
that they left the town upon fear, the magistrates were 
privately desired to entreat them to depart, lest the English 
should fall upon the town and make a spoil of it. So making 
a show to please the town, by whom they had been very 
courteously used, they went to Linlithgow, and abode there 
the rest of that month. Before their parting, they gave a 
warrant to the laird of Grange for fortifying the castle, and 
dimitting the Lords Home and Herries, who had been com- 
mitted by the late regent. The duke of Chatelherault was 
some days before put to liberty. The Lord Home had a 
part of the moneys which were contributed for levying of 
soldiers given him to defend his bounds against the English; 
but when the lairds of Buccleuch and Farniherst desired the 
like, they were refused, and went away in great discontent. 
About the end of April, the army of England entering into 
Teviotdale, burnt the towns of Hawick and Crawling, with 
the castles of Farniherst and Branxholm, and divers other 
houses belonging to the Kers and Scots ; and in their return 
to Berwick, besieged the castle of Home, which was render- 
ed by the keepers to Sir William Drury, at the Lord Home 
his direction, for he reposed much in his friendship. The 
Lord Scroopo, at the same time invading the west borders, 
made a great spoil upon the Johnstons and others who had 
accompanied Buccleuch in his incursion. The lords that kept 
together at Linlithgow having advertisement of these pro- 
ceedings of the Enghsh, and suspecting they had some other 
intentions than the spoiHng of the borders, sent a gentleman 
to the earl of Sussex to request a truce, till they might in- 
form the queen of England of the estate of things, and re- 
ceive her majesty's answer. The earl opening the letters 
that were directed to the queen (for he had warrant so to do), 
and seeing them to be full of vain and idle brags (for, to show 
the strength of the faction, they had set down a roll of all 
the noblemen of their party, inserting therein both some of 



A. D. 1570.] CHURCH OF SCOTLAND. 129 

their opposites, and some that had carried themselves neuters 
in all these broils), returned answer by the messenger, that 
he would do as he was directed, and not grant any truce nor 
keep the army at their pleasure without employment. 

The time of the Convention approaching, they who favoured 
the king his authority came in great numbers to Edinburgh. 
At their first meeting it was thought convenient, seeing the 
adverse party professed a desire of peace, to make trial of 
their disposition ; and thereupon a gentleman was sent with 
this message, " That if they would join for revenge of the 
murder of the king's father, and regent, and would acknow- 
ledge the king for their sovereign, whatsoever else in reason 
they could crave should be granted unto them." The answer 
was short and peremptory on their part ; " That they would 
acknowledge none for their sovereign but the queen, and 
that she having committed the government of affairs to the 
earls of Arran, Argyle, and Huntly, they would follow and 
obey them in her service." Then they caused proclaim the 
queen's authority, with the several commissions of their 
heutenandries, and in the queen's name indicted a parlia- 
ment to be kept at Linlithgow in August ensuing. 

The Estates, perceiving there would be no agreement, 
gave forth a proclamation to this effect ; First, they said, 
that it was not unknown to all the subjects in what a happy 
case the realm stood under the government of the late regent, 
and what calamities it was fallen into by his death, divers 
lords, and other subjects conspiring with them, having pre- 
sumed to erect another authority, under the name of the 
queen his majesty's mother. But as such treasonable at- 
tempts had been often taken in hand, and as often through 
God's favour disappointed, to the shame and ignominy of the 
enterprisers, so they wished all men should understand 
what sort of people they were that had massed themselves 
together in the present conspiracy. 

The conspirators they ranked in three orders. The 
principals, they said, were the authors of the cruel murders 
of the king his father and regent ; others were manifestly 
perjured, as having bound themselves by their oaths and 
subscriptions to defend the king his authority, which now 
they impugned ; a third sort were such as had servile minds, 
and without regard to conscience or honour did follow those 

VOL. II. 9 



130 THE HISTORY OF THE [a. D. 1570. 

to whom they had addicted themselves : all which did 
pretend the maintenance of true rehgion, the liberty of the 
country, and the preservation of peace both abroad and at 
home : but with what probability, any man of judgment 
might consider ; for neither could he who was known to have 
been a persecutor of the truth, and now carried the chief 
sway amongst them, (meaning the archbishop of St Andrews,) 
be thought a maintainor of religion ; nor could they be 
esteemed favourers of their country and the quietness thereof, 
who without any just provocation had invaded the neighbour 
realm of England, and publicly entertained the queen's 
rebels, professed enemies to God and religion. As to the 
care they professed of the king's preservation, any man 
might conjecture how he should be preserved by them who 
exiled his grandfather, murdered his father, did wickedly 
counsel his mother, led her on courses that had brought her 
to shame and dishonour, and now at last had unworthily 
cut off his uncle and regent, by suborning a meschant to kill 
him treacherously. Is it like, said they, that they will be 
content to live subjects to a king descended of that house 
which they have so long a time persecuted ; and will they not 
fear, if God shall bring him to perfection of years, that he 
will be avenged of his father's and imcle's murder ? Neither 
can any be ignorant what the hope of a kingdom will work 
in ambitious spirits, especially when they find themselves in 
a possibihty to succeed unto the present possession. And 
these are the men, said they, who seek to rule and command 
under the name of her whom they have undone by their 
wicked practices. Of this they thought fit to advertise the 
subjects, and to inhibit them from giving any assistance to 
the said conspirators under pain of death. Such as of sim- 
plicity or ignorance had joined with them they commanded 
to separate and return to their houses within the space of 
twenty-four hours, promising in that case impunity and 
pardon for their by -past defection ; those only excepted 
who were suspect of the foresaid murders, and had reset 
the queen of England's rebels, and violated the public peace 
betwixt the two realms. 

This proclamation was indited with much passion, and 
matters now reduced to these terms, that each side prepared 
to maintain their quarrel with the destruction of their adver- 



A. D. 1570.] CHURCH OF SCOTLAND. 131 

saries. The queen's faction despatched Verac to France, 
to inform how matters went, and to farther the supply 
promised. 

The Lord Seaton was sent to Flanders, to entreat the 
duke of Alva (at that time governor of the Netherlands for 
the king of Spain) for some aid of moneys and men, and to 
impede the traffic of the Scottish rebels (so they termed them 
that acknowledged the king's authority) in those parts. For 
the point of traffic the duke excused himself, saying, " That 
he could not inhibit the same, it being against the liberty 
of the Low Countries ; but in other things he would do his 
best to farther the queen of Scots' cause." 

Like as shortly after he sent Mr John Hamilton, parson 
of Dunbar, (who lay agent with him for the Scottish queen,) 
to the earl of Huntly with great store of armour and gun- 
powder, and the sum of ten thousand crowns to levy 
soldiers. The Lord Seaton in the mean while, who could 
not be idle wheresoever he was, and had a great desire to 
approve himself by some service to the king of Spain, dis- 
sembling his habit, went into the United Provinces, and dealt 
with Scottish captains and under-officers to make them leave 
the service of the Estates, and follow the king of Spain ; 
which being detected, he was apprehended, and by sentence 
of the council of war condemned to ride the cannon ; yet by 
some help he escaped, and fled to the duke of Alva, who sent 
him home loaden with promises, and rewarded with some 
httle present for himself, because of his good affection. 

The lords on the other side who stood for the king's 
authority sent to the earl of Sussex, entreating the assistance 
of his forces, or some part thereof, because of the common 
danger : and to move him the more, they advertised that 
the earl of Westmoreland and other English rebels were with 
the lords convened at Linlithgow in arms, of intention, as it 
seemed, to work some mischief, which had need for the good of 
both realms to be quickly prevented, which they doubted not 
(so the letters bear) having his assistance to do, and to put 
them off the fields ; whereas if supply were not sent in time, 
and that matters should happen to be put to a day amongst 
themselves, the issue might prove dangerous. Answer was 
made, " That the forces should be sent upon sufficient 
hostages for their surety during their remaining in Scotland." 



132 THE HISTORY OF THE [a. D. 1570. 

Withal he craved. " That the EngUsh rebels whom the lords 
had in their hands, and such others as should happen to be 
apprehended, might be delivered to him, as the queen's lieu- 
tenant, and left to her majesty's disposition." For the 
hostages, it was condescended that the chief noblemen should 
deliver some of their friends to remain in England during 
the abode of the English forces, and their safe return assured, 
the chance and fortune of war only excepted, which should 
be common and alike both to the Scots and them. But 
touching the delivery of the English rebels, the lords en- 
treated that the same might be continued unto the return of 
her majesty's answer to the instructions sent by the abbot 
of Dunfermline, who was upon his journey, and had warrant 
from them to satisfy her majesty in that point. To this the 
earl consented, providing the noblemen would give their 
bonds for the safe custody of the rebels, and the performance 
of that which her majesty and the ambassador should agree 
unto. 

The laird of Grange and Secretary Lethington, who as 
yet made a show to desire peace, laboured by their letters 
to keep back the English forces, offering what satisfaction 
the earl of Sussex, in name of her majesty, would require. 
The earl answered, " That if the lords at Linlithgow would 
disannul the proclamation of the queen of Scots' authority, 
and discharge all capitulations for aid out of France and 
all other parts beyond the sea, remitting the present dis- 
sension to the hearing and ordering of the queen his mistress, 
and obliging themselves by their subscriptions to stand at her 
majesty's determination, he should stay his forces and detain 
them with himself, till he received new direction from her 
majesty." 

Though these answers did in no sort please them, yet to 
gain some time they gave hopes that, after conference with 
the lords at Linlithgow, he should receive all satisfaction. 
But he smeUing their intentions, after he had received the 
bonds and pledges from the noblemen of the king's party, 
sent Sir Wilham Drury, governor of Berwick, with a 
thousand foot and three hundred horsemen into Scotland. 
How soon the lords that were convened at Linhthgow heard 
of their coming, and that the earl of Lennox was in their com- 
pany, they departed towards Glasgow, and besieged the 



A. D. 1570.] CHURCH OF SCOTLAND. 133 

castle, purposing to raze it, lest it should be useful to the 
earl of Lennox, who was now returned from England. But 
the house was so well defended by a few young men (they 
passed not twenty-four in all), that the siege, after it had 
continued the space of five or six days, broke up upon the 
rumour of the noblemen and the English forces their ap- 
proaching. The duke of Chatelherault went with the earl of 
Argyle into his country, the earl of Huntly and the rest into 
the north. 

The noblemen assisted with the English forces coming to 
Glasgow, after a short stay marched to Hamilton, and laid 
siege to the castle, which, at the sight of the ordnance that 
was brought thither for the battery, was yielded to the Eng- 
lish by Andrew Hamilton of Meryton, captain, upon promise 
to have their lives spared. The castle was set on fire and 
pitifully defaced, as also the duke's palace within the town of 
Hamilton, and divers other houses in Clydesdale. In their 
return to Edinburgh they destroyed the houses and lands 
pertaining to the Lords Fleming and Livingstone, with the 
duke's lodging in the town of LinUthgow, the houses of Kin- 
neill, Pardovy, Peiil of Livingstone, and others that apper- 
tained to the Hamiltons in that shire. This done, the Eng- 
lish forces returned to Berwick, and were accompanied thither 
by the earl of Morton, who received again the hostages that 
were delivered in England. 

Whilst these things were a-doing at home, the abbot of 
Dunfermline was following his legation in England. His in- 
structions from the noblemen of the king's party were, " First, 
To show the queen, that by the delay of her majesty's 
declaration in the cause of the king's mother all these com- 
motions had been raised, and therefore to entreat her majesty 
plainly to declare herself, and take upon her the protection of 
the young king. Secondly, To inform her of the difliculties 
they had in electing of a regent, and crave her opinion there- 
in. Thirdly, To show what a necessity there was of enter- 
taining some forces of foot and horse, till the present troubles 
were pacified ; and in regard of the public burdens, to re- 
quest her for moneys to maintain 300 horse, and seven 
hundred foot, which was esteemed sufficient for repressing 
the adversary's power. Lastly, Concerning the rebels of 
England who were in hands, to give her majesty assurance 



134 THE HISTORY OF THE [a. D. 1570. 

that they should be safely kept, and to beseech her highness, 
if she would have them dehvered, that some respect might be 
had to their credit, and mercy showed so far as could stand 
with her majesty's safety and the quiet of the realm. For 
the other rebels that were as yet in the country, he was de- 
sired to promise in their name all diligence for their appre- 
hension ; and if it should happen them to be taken, that they 
should be committed in sure custody till her majesty's pleasure 
was known." 

These things proponed to the queen, she answered ; " That 
having heard nothing from the lords since the late regent's 
death, and being daily importuned by foreign ambassadors, 
she had yielded to a new hearing of the controversies betwixt 
them and their queen, and that she intended to have a meet- 
ing of the commissioners of both parties ere it was long ; 
therefore desired them to cease from using farther hostihty, 
and not to precipitate the election of a regent, the delay 
whereof would work them no prejudice." 

This answer reported to the lords did trouble them ex 
ceedingly : for on the one part, they saw a necessity of accom-^ 
modating themselves and their proceedings to the queen oj 
England's pleasure ; and, on the other, they did find a greal 
hurt by the want of a regent, the adverse faction havinj 
thereby taken occasion to erect another authority, and divers 
of their own partakers falling back from their wonted for- 
wardness, as not knowing on whom they should depend. 
After long consultation this expedient was taken ; that a 
lieutenant should be appointed, for a certain time, with full 
authority to administrate all affairs, and notice sent to the 
queen of England of the necessity they stood in of a regent, 
and that there was no other way to keep the subjects in 
obedience. Choice accordingly was made of the earl of 
Lennox, grandfather to the king, and a commission of lieu- 
tenandry given him to endure to the eleventh of July next ; 
at which time the Estates were warned to meet for the 
election of a regent. Letters were also directed to the 
queen of England, requesting her advice in the choice, 
and an answer to the other petitions moved by the abbot of 
Dunfermline. 

The queen, who was put in hope that Westmoreland and 
the other rebels of England, entertained by the queen of 



J ' 



A. D. 1570.] CHURCH OF SCOTLAND. 135 

Scots' faction, should be delivered unto her, had showed her- 
self very favourable unto them, but hearing that they were 
escaped, she made answer as follows : " That she did kindly 
accept the good will of the noblemen, testified by their seek- 
ing her advice in the choice of a regent, being a matter of 
such importance, and so nearly touching the estate of their 
king and realm. That her mind once was, they should do 
best to continue the election for a time ; but now considering 
the disordei's that were raised, and possibly thereafter might 
arise, if some person was not placed in that charge, she did 
allow their resolution. And seeing the abilities of men for 
that place were best known to themselves, she should be 
satisfied with their choice whatsoever it was. Howbeit, out 
of the care she had of the young king, she would not dis- 
semble her opinion, which was, that the earl of Lennox her 
cousin, whom, as she was informed, they had made lieutenant 
of the realm, would be more careful of his safety than any 
other. But in any case desired them, not to think that in so 
doing she did prescribe them any choice, but left it free to 
themselves to do what was fittest. Farther, she desired them 
to rest assured, notwithstanding of the reports dispersed by 
their adversaries, that she had neither yielded nor would 
yield to the alteration of the state of their king and govern- 
ment, unless she did see a more just and clear reason than 
had yet appeared. For howbeit she condescended to hear 
what the queen of Scots would say, and ofl'er, as well for her 
own assurance as for the good of that realm, (a thing which in 
honour she could not refuse,) yet not knowing what the same 
would be, she meant not to break the order of law and jus- 
tice, either to the advancing or prejudging of her cause. 
Therefore finding the realm governed by a king, and him 
invested by coronation and other solemnities requisite, as also 
generally received by the three Estates, she minded not to 
do any act that might breed an alteration in the estate, or 
make a confusion of governments ; but as she had found it, 
so to sufifer the same to continue, and not permit any change 
therein so far as she might impede the same, except by some 
evident reason she should be induced to alter her opinion. 
In end, she desired them to beware, that neither by miscon- 
ceiving her good meaning towards them, nor by the insolent 
brags of their adversaries, they should take any course that 



136 THE HISTORY OF THE [a. D. 1570. 

might hinder or weaken their cause, and make her intentions 
for their good ineffectual." 

This letter communicated to the Estates convened at Edin- 
burgh the twelfth of July, and a long discourse made to the 
same effect by Mr Thomas Randolph her ambassador, they 
were exceedingly joyed. So following the advice given 
them, they made choice of Matthew, earl of Lennox, declar- 
ing him regent and governor of the realm unto the king's 
majority, or till he were able by himself to administrate the 
public affairs. This was done with the great applause of all 
that were present, and pubUshed the next day at the Cross of 
Edinburgh. 

In an Assembly of the Church kept the same month, there 
was some business moved by Mr James Carmichael, then 
master of the grammar-school of St Andrews, against Mr 
Robert Hamilton, minister of the city, for some points of 
doctrine delivered by the said Mr Robert in pulpit. The 
points are not particularly expressed, but in the sixth session 
of that Assembly, Mr James Macgill, clerk of the register. 
Sir John Bellenden of Auchnoule, justice-clerk, and Mr 
Archibald Douglas, one of the senators of the College of 
Justice, were directed from the chancellor and council to re- 
quire them " to forbear all decision in that matter, seeing it 
concerned the king's authority, and contained some heads 
tending to treason (so is it there said) which ought to be tried 
by the nobility and council, willing them not the less to pro- 
ceed in such things as did appertain to their own jurisdiction ; 
which was judged reasonable, and agreed unto by the Church. 
So far were they in those times from declining the king and 
council in doctrines favouring of treason and sedition, as they 
did esteem them competent judges thereof. In the same 
Assembly, commission was given to Mr David Lindsay and 
Mr Andrew Hay to travail with the duke of Chatelherault, 
the earls of Argyle, Eghnton, and Cassils, the Lord Boyd, 
and other barons and gentlemen in the west parts, for re- 
ducing them to the obedience of the king and his authority. 
The like commission was given to the laird of Dun for the 
earl of Crawford, the Lord Ogilvy, and their assisters in 
Angus ; and certification ordained to be made unto them, 
that if they did not return to the king's obedience, the spir- 
itual sword of excommunication should be drawn against 






A. D. 1570.] CHURCH OF SCOTLAND. 137 

them ; which I cannot think was really intended, considering 
the quality and number of the persons. 

The regent immediately upon his creation, and oath taken 
according to the custom, for maintaining true religion, and 
observing the laws and liberties of the realm, prepared to 
keep the diet appointed at Linlithgow by the lords of the 
queen's party, who were said to be gathering forces for 
holding the parliament they had indicted. And because 
much depended upon the success of that business, he sent to 
the earl of Sussex for assistance of his forces, and to the 
laird of Grange (with whom he kept some correspondence) 
for some field-pieces, and other things belonging to their fur- 
niture. Grange at first made fair promises, but shifting 
those who were sent to receive the munition, said, " That his 
service should not be wanting to the making of concord, but 
he would not be accessory to the shedding of the blood of 
Scottish men." The earl of Sussex deferred his answer like- 
wise, till the queen should be advertised. Not the less the 
regent observed the diet, accompanied with five thousand 
gentlemen, none of the adverse party appearing. 

Thereafter a parliament was indicted to hold at Edinburgh 
the 10th of October ; and the regent understanding that the 
earl of Huntly had sent a hundred and sixty soldiers to 
Brechin, and given orders for providing victuals to the com- 
panies who were there to meet him, made a hasty expedi- 
tion thither, and having sent the Lords Lindsay and 
Ruthven, with Sir James Haliburton, provost of Dundee, a 
little before himself, went nigh to have intercepted the earl 
of Crawford, the Lord Ogilvy, and Sir James Balfour, who 
were there attending Huntly. But they escaping, the sol- 
diers fled to the steeple of the church and castle, which they 
had fortified. The steeple, at the regent's first coming, did 
yield, and so many as were therein had their lives saved ; 
the castle held out some days, till they heard the cannon was 
at hand, and then rendered at discretion. Captain Cowts with 
thirty of his soldiers were executed, because they had once 
served the king and made defection. The rest were par- 
doned, upon surety not to carry arms against the present 
authority. This expedition ended, the regent returned to 
Edinburgh. 

In the month of August, by letters from Denmark it was 



138 THE HISTORY OF THE [a. D. 1570. 

advertised, that Colonel John Clerk, who had served the 
king there in his wars with Sweden, was imprisoned by the 
suggestion of some of his countrymen that laboured for Both- 
well's liberty. Whereupon Mr Thomas Buchanan, brother 
to Mr George Buchanan the king's tutor, was sent in am- 
bassage to Denmark, to require that Bothwell might be 
delivered and sent into Scotland, to the effect justice might 
be done upon him, or then that he might be judged there, 
for the detestable murder committed upon the person of the 
king's father, and receive his due punishment. This had 
before that time been often desired, but was delayed by 
divers occasions ; and now the report of Bothwell's greater 
liberty, and that he had been permitted to accuse Colonel 
Clerk, a gentleman well esteemed, and of good reputation 
for his service done both at home and in parts abroad, the 
regent and council took occasion to put that king in remem- 
brance of their former requests ; and if any doubt was made 
in those parts of Bothwell's guiltiness, they offered to clear 
the same by evident probation, and thereupon entreated 
him, by the communion of blood and nigh kindred betwixt 
him and the king of Scotland, that he would not suffer such 
a nefarious person to escape. In the same letters they re- 
quested that the colonel might be set at liberty, and restored 
to the king's wonted favour, or then be licensed to return 
into Scotland, where there was present use of his service. 
This ambassage was not without fruit, and put Bothwell out 
of all credit ; so as, desperate of liberty, he turned mad, and 
ended his wicked life some years after (as before was touched) 
most miserably. 

All things now went ill with the queen's faction, neither 
saw they a way to subsist but by labouring an abstinence, 
which the secretary earnestly went about, and prevailed so 
far with the two liegers of France and Spain, as they brought 
the queen of England to a new treaty with the Scots queen, 
and to hearken unto some overtures which she did make 
both for the queen's assurance, and for the settling of a per- 
fect peace betwixt her and her son, and those that stood in 
his obedience. This moved to the regent, he did greatly 
oppose it ; yet the queen of England would needs have him 
agree to the abstinence for the space of two months, in which 
it was thought the treaty should take an end. Great dispute 



A. D. 1570.] CHURCH OF SCOTLAND. 139 

there was about the tenor and form of the abstinence, which 
at last was accorded in these terms. " That the regent 
should obhge himself and his partakers to cease from arms, 
and not to molest any that pretended obedience to the king's 
mother, during the space of two months, which should be 
understood to begin the third day of September ; providing 
that no innovation should be made in the government, and 
all things continue in the same estate wherein they were at 
the death of the late regent : as also that the ordinary ad- 
ministration of the law and justice in parhament, session and 
other courts, with the punishment of tliieves and trespassers, 
might proceed in the mean time by law or force in the king's 
name and under his authority, without any opposition." This 
granted, by a second letter the queen of England signified, 
" That she had appointed Sir William Cecil her principal 
secretary, and Sir Walter Mildmay chancellor of the ex- 
chequer, to repair to the queen of Scots, who then lay at 
Chattesworth in Derbyshire, and learn what offers she would 
make for her majesty's surety, and the not disturbing the 
realms, if she should be put to liberty. In which treaty she 
minded not to neglect the surety of the young king, and the 
estate of the nobility adhering to him, whereof she would be 
no less careful than of what concerned herself most. But in 
regard that treaty could take no good effect, if the regent 
and the nobility on his side should do anything to the preju- 
dice of the queen of Scots and her party, she desired that no 
parliament should be kept during the time of the treaty ; or 
if it had taken beginning before the receipt of the letter, 
that nothing should pass therein which might give her cause 
to complain. And for the abstinence taken unto the third of 
November, seeing there was no likehhood the treaty should 
take an end in so short a time, he was farther desired to 
prorogue the same for other two months." The letter, 
dated at Windsor the seventh of October, was brought to 
the regent the thirteenth, some two days after the parlia- 
ment was begun. 

This treaty did much perplex the regent ; for albeit he 
was advertised before of the queen of England's condescend- 
ing to hear what the Scottish queen would say in her own 
cause, yet he did not expect any such sudden dealmg, or that 
it should have begun without his knowledge. But making 



140 THE HISTORY OF THE [a. D. 1570. 

the best construction of all things, he answered, " That the 
parliament had taken a beginning before her majesty's letters 
came to his hand, and for the reverence he did carry to her, 
he had abstained from all proceeding in any matters, only his 
office of regiment was confirmed, and the parhament ad- 
journed unto the month of January, before which time he 
hoped the fruit of that treaty would appear." For the pro- 
rogation of the abstinence, " he had declared at the first how 
hurtful the same was to the king his affairs, and that there 
was no true meaning in the adverse party, as did manifestly 
appear by the arresting of the ships and goods of the Scot- 
tish merchants professing the king his obedience, in the 
kingdom of France, and other divers insolencies practised at 
home, since the granting thereof. That howsoever he was 
persuaded her majesty had not a mind, under colour of the 
abstinence, to ruin the young king and those that stood in 
defence of his authority ; yet they had received more hurt 
thereby than they could have done if open hostility had 
been professed. Therefore he desired that before he was 
urged with a farther cessation, the ships and goods stayed 
in France might be set free, the injuries committed at home 
repaired, and all things innovated in the government since 
the late regent's death disannulled by proclamation ; which 
things performed, he should willingly obey her majesty's 
desire." Upon this last part of the letter many debates 
arose amongst the parties, and divers particulars on either 
side were exhibited in writing to the earl of Sussex, for 
verifying a breach of the abstinence against others. That 
which I find most insisted upon was the denouncing of 
Secretary Lethington rebel, who, being cited to appear 
at a certain day before the regent and council, was for 
his contumacy sentenced to lose his office, and have his 
goods confiscated. The regent challenged of this point made 
answer, " That the secretary could claim no benefit by the 
abstinence, seeing he was the king's subject, and stood to 
the defence of the king's cause both in England and Scotland, 
professing himself as much displeased with the proclamation 
of the queen's authority as any man else. And howbeit of 
late he had accompanied the contrary faction, yet he never 
decHned his subjection to the king. That being required to 
attend his office he had refused, whereupon the same was 



A. D. 1570.] CHURCH OF SCOTLAND. 141 

justly taken from him ; and for the confiscation complained, 
if he would yet declare on what side he was, he should be 
reasonably used." 

The secretary, who had often changed his party, finding 
that he must declare himself on the one side or the other, 
sent to the earl of Sussex this answer, " That he did think 
it strange the regent should inquire on which side he 
was, seeing his speeches, writings, and actions, had declared 
the same. Always now he would plainly profess, that he 
was not of the lord regent's side, nor would he acknowledge 
him for regent. That he was of that side which would per- 
form their duties to the queen of Scotland and to her son, so 
as neither of them should have cause to find fault with him 
that he was of that side which wished to either of them the 
place which in reason and justice they ought to possess ; and 
that he was of that side which requested the queen of Eng- 
land to enter into good conditions with the queen, whereby 
Scotland might be brought in a union, and she restored to 
her Uberty and realm. He confessed that he did not allow 
of the proclaiming of the queen's authority, nor of the parlia- 
ment indicted by those of her part, because he foresaw the 
same would impede the treaty betwixt the two queens, and 
might do hurt many ways, and hinder the good he was about 
to do. But that would not infer an allowance of their doings. 
And this (he said) might give the regent to understand on 
what side he was." 

This answer, neither expressing a reason of his falling 
away from the king's obedience, nor discovering plainly, as 
was desired, of what side he should be esteemed, being de- 
livered to the regent, received this reply. " That it was no 
marvel he should refuse to acknowledge him for regent, hav- 
ing deserved so ill at his hands, and being attainted of the 
foul and cruel murder of his son, the king's father. That his 
declaration did not satisfy that which was demanded ; for 
where he made a show to observe a duty both to the queen 
and to her son, and would have it appear that he was about 
the effecting of great matters, the duties he had done to 
either of them were well enough known, neither could any 
man look for any good to proceed from him. Therefore, 
howsoever he had against his promise and subscription de- 
clined from the king's party, he must still be subject to an- 



142 THE HISTORY OF THE [a. D. 1570. 

swer such particulars as should be laid against him in the 
king's name. And seeing it was neither her majesty's mean- 
ing, that any person guilty of the king's murder should en- 
joy benefit by the abstinence, he that was challenged thereof 
in the late regent's time, and had in council offered himself to 
the severest trial that might be taken, could not complain of 
the breach of abstinence for any thing done or intended 
against him. But that neither this particular nor any other 
should be an occasion to dissolve that treaty begun, he said, 
that he was content the notes of all injuries, alleged on either 
side, should be dehvered in writing to the earl of Sussex, and 
the trial or redress thereof continued, till it should appear 
what effect the treaty brought forth." The prorogation of 
the abstinence in the mean time, as was desired by the queen 
of England, was yielded unto, and subscribed the fourth of 
November, with this provision, that the ships and goods of 
the Scottish merchants arrested at that time in France should 
be released, and no stay made of such as should happen to 
repair thither during the time of the abstinence. 

Whilst these things were debating, the copy of the articles 
proponed by the commissioners of England to the queen of 
Scots for the surety of their queen were sent to the lords of ^ 
her faction to be considered, which were as foUoweth. 

1. That the treaty of Leith should be confirmed ; and th£ 
she should not claim any right nor pretend title to the* 
crown of England during the life of Queen Ehzabeth. 

2. That she should not renew nor keep any league with any, 
prince against England, nor yet receive foreign forces int 
Scotland. 

3. That she should neither practise nor keep intelligen( 
with Irish or EngHsh without the queen's knowledge, and,'^ 
in the meantime, cause the English fugitives and rebels 
to be rendered. 

4. That she should redress the harms done by her faction 
in the borders of England. 

5. That she should not join in marriage with any Enghsh- 
man without the consent of the queen of England, nor with 
any other against the hking of the Estates of Scotland. 

6. That she should not permit the Scots to pass into Ireland 
without hcense obtained from the queen of England. 



A. D. 1570.] CHURCH OF SCOTLAND. 143 

7. That for the performance of these articles, her son should 
be delivered to be brought up in England, and six other 
hostages, such as the queen of England should name, 
should be sent thither ; the castles of Home and Fast- 
castle, kept by the EngUsh for the space of three years, 
and some fort in Galloway or Cantire be put in the 
Englishmen's hands, for restraining the Irish Scots from 
going into Ireland. 

8. That she should do justice according to the law upon the 
murderers of her husband and the late earl of Murray. 

9. That she should set her hand, and cause the commission- 
ers to be appointed by her party set their hands and seals, 
to these articles. 

10. And, lastly, that all these particulars should be confirmed 
by the Estates of Scotland in parliament. 

Now albeit divers of these articles were misliked by the 
lords of her faction, yet conceiving thereby some hope of her 
restitution, they dispersed certain copies in the country, to 
encourage those that professed her obedience, holding back 
such of the articles as seemed most hard, trusting to obtain a 
mitigation thereof in the conference. And she indeed, I 
mean the Scottish queen, showed herself pleased withal ; only 
she remitted the full answer to her commissioners that should 
come from Scotland. The rumour of the accord held good 
a few days, and amused the regent and other noblemen not 
a little, till a letter directed by Sir William Cecil from 
Chattesworth in Derbyshire, where the queen of Scots then 
lay, did otherwise inform, which was to this effect : " That 
he was put upon that employment much against his heart, 
and yet had not dealt therein but with a great regard of the 
safety of the young king and whole estate, and that all he 
had done touching Scottish affairs was under protestation, 
that it should be in the power of those whom the queen and 
regent should send in commission to change, diminish, or 
augment the articles at their pleasures. Therefore did he 
advise the regent to send a nobleman with some other well 
learned and practised in the affairs of the country, to deal in 
these matters ; taking care that the persons he choosed were 
constant and firm, and such as would not be won from him, 
nor jfrom the cause." This letter of the date the thirteenth 



144 THE HISTORY OF THE [a. D. 1570. j 

of October 1570, written in so friendly and familiar a manner 
(for therein he named some whom the regent had lately em- 
ployed, of whom he willed him to beware), gave him to un- 
derstand that matters were not so far gone as his adversaries 
did brag. 

After a few days the earl of Sussex advertised the regent, 
" That the lords of the other faction had made choice of cer- 
tain commissioners to attend the treaty begun betwixt their 
queen and the queen of England, desiring that no trouble nor 
molestation should be made to them and their train in that 
journey ; as also to send some special persons instructed 
with commission from the king and the nobility of his side, 
to give their best advice for the surety of the king and 
his dependants, if matters should happen to be accorded. 
And if it fell out otherwise, to consider what should be 
the most sure course for continuance of amity betwixt 
the two realms, the preservation of the young king, the re- 
ducing of the subjects to his obedience, and the defence of the 
isle against foreign invasions. These commissioners he de- 
sired to be sent with expedition, for that her majesty longed 
to have an end of the business, and could not grow to any 
resolution till she had conferred with them, and understood 
their minds." 

This he did by direction from the queen his mistress, as 
he wrote, howbeit he himself had thought of some particulars 
that he held convenient to be thought upon, both for the 
king's security and theirs, if his mother should be set at 
liberty, wherein he prayed him familiarly to show what was 
his opinion. As first, " If she should happen to be restored 
to her crown, and the king be made to dimit the authority, 
it might be upon condition that in case of her death, or the 
breach of the present agreement, he might re-enter to the 
kingdom without any solemnities to be used. Next, That a 
council of both parties might be provided to her by the queen 
of England, for avoiding all sorts of practices. Thirdly, 
That the young king should be educated in the realm of Eng- 
land, under the custody of such persons as the nobility of his 
party should appoint ; which would be the greatest surety 
for those that depended on him, and tie his mother to the 
performance of the articles. Fourthly, That a new act of 
parliament should be made for the estabhshing of true reli- 



A. D. 1570.] CHURCH OF SCOTLAND. 145 

gion, and oblivion of all injuries committed on either side. 
Fifthly, That the queen should give some principal men of 
her side hostages to remain in England for fulfilling the 
heads of the agreement. Lastly, He advised the regent to 
send with the commissioners that should be employed in that 
errand, a writing signed and sealed by all the noblemen of 
the king's party, to show who they were that stood on that 
side ; because, besides the credit it would bring to the cause, 
the same would be to good purpose howsoever matters went. 
For if the treaty should break off, it would be seen who would 
maintain and defend the king ; or if otherwise an accord were 
made, it would be known for what persons the queen of Eng- 
land was to provide a surety." 

Whether these propositions were made (as he gave out) of 
his own head, or, which would rather appear, that he was 
set on by the queen of England to try the regent and no- 
biUty's mind, he answered very advisedly, and beginning at 
the last, he said, " That he held his opinion good touching 
the sealing of a writing by the nobility of the king's party, 
whose number would not be found so great as he wished, 
because there were divers neuters that adhered to no side, 
and many that desired to keep things loose, some for impunity 
of crimes whereof they were suspected, and others hoping to 
better their condition in an unquiet time ; yet he trusted to 
obtain the subscriptions of a sufficient number who had sincerely 
continued in the profession of true rehgiou and his majesty's 
obedience, and from their hearts abhorred the murderers of 
the king his son and the late regent. For the other points, 
he said that he could not give his private opinion in matters 
so important, by reason of his oath made at the acceptation 
of the government to have no dealing in matters of that kind 
without the knowledge of the nobility and council. And 
touching the commissioners which the queen required to be 
sent, there should be diligence used therein, how soon they 
understood of what quality the others were that the lords of 
the queen's party did choose. Neither should any molestation 
be made to them in their journey, so as their names, the num- 
ber of their train, and the way they minded to take were 
notified : for otherwise, as he said, the king and estate might 
receive hurt, and some that were culpable of those odious 
murders steal away privately in their company. Meanwhile, 

VOL. II. 10 



146 THE HISTORY OF THE [a. D. 1570. 

he showed, that till commissioners might be chosen by the 
advice of the noblemen then absent, the council had appointed 
the abbot of Dunfermline ambassador to the queen of Eng- 
land, and given him such instructions as they held need- 
ful for the time, by whom she should be more fully advertised 
of their minds in all matters." 

About the midst of November, the abbot of Dunfermline 
(then made secretary) went into England. He was desired 
to show the queen, " How it was the expectation of all the 
good subjects in Scotland, that she would never forget the 
motherly care she had professed to have of the innocent per- 
son of their young king ; nor yet be unmindful of the noble- 
men and others professing his obedience, who had studied to 
maintain peace betwixt the two realms ever since her majes- 
ty's entry to the crown : and that they being required, as 
well by letters from her lieutenant in the north, as by her 
ambassador resident amongst them, to direct some special 
persons towards her for communicating such things as they 
thought requisite for the surety of their king and themselves, 
although they had resolved upon a number sufficient for 
that legation, yet they deferred to send any till they should 
understand who were nominated for the lords of the other 
party, to the end they might equal them in birth and quality. 
That in the mean time, lest they should be thought more 
negligent than became them in a matter of such importance, 
they had laid upon him the charge to come and signify to 
her majesty the opinion that was held in Scotland of the 
articles framed at Chattesworth, which the adversaries gave 
out to have been craved by her majesty, and esteemed a suf- 
ficient surety for the queen of Scots. And if he did find her 
majesty inchning thereto, then to remember her with what a 
person she had to do ; a princess by birth, in religion popish, 
one that professed herself a captive, and as joined with a 
husband (suppose in a most unlawful conjunction), and that 
any one of these would serve for a colour to undo whatsoever 
thing she agreed unto at the present : for her majesty could 
not be ignorant, how after her escape out of Lochleven, she 
revoked the dimission of the crown, made in favours of her 
son (though the same was done for good respects), upon a 
pretext of fear, and that she did the same being a captive. 
As likewise, she knew the papists' maxim of not keeping faith 



A. D. 1570.] CHURCH OF SCOTLAND. 147 

to heretics, which would serve her for a subterfuge to break 
all covenants when she saw her time ; and that to dimit her 
upon any surety, would prove no less dangerous to her ma- 
jesty's own estate than to Scotland, considering the claim she 
had made in former times to the crown of England, and the 
attempts of her rebels at home, not yet well extinct, upon 
the same gromids. In regard whereof, there was nothing 
could assure the quiet of both realms, in their opinions, but 
her detention under safe custody, which could not be esteemed 
dishonourable, the just causes and occasions being pubUshed 
and made manifest to the world. As to the power of foreign 
princes whereof they boasted, the same was not much to be 
feared, so long as her person was kept sure ; and if war for 
that cause should be denounced, the peril should be less than 
if she were set at liberty and restored to the crown ; for so 
she should have her forces and friendship ready to join with 
other princes in all their quarrels, against which no hostages 
could serve for assurance." 

This was the sum of his instructions. He had presence of 
the queen the penult of November, and perceiving that none 
of these articles were concluded, he did communicate all his 
instructions unto her, as he was desired. She having perused 
them, and reasoned thereupon with her council, returned this 
answer : " That she found in his instructions divers things 
worthy of consideration, which behoved to be farther debated 
and gravely weighed, because of their importance ; therefore 
desired some men of credit to be directed unto England, that 
an end might be put to that business. For as to the restitu- 
tion of their queen, seeing it appeared they had reason to 
oppose it, she would not have the regent or those of his party 
to think that she intended to wrong them in any sort ; for if 
they should make it appear that nothing was done by them 
but according to justice, she would side with them and main- 
tain their quarrel. And otherwise, if they were not able to 
justify their cause by such evident reasons as might satisfy 
her majesty in conscience, and make her answer the world in 
honour, she would nevertheless, for that natural love she 
bare to the king, her near kinsman, and the good will 
she carried to the noblemen that stood for his authority, 
leave no means unprovided for their safeties. But in regard 
a great part of the time appointed in the last prorogation of 



148 THE HISTORY OF THE [a. D. 1570. 

the abstinence was already spent, she requbed the same to 
be prorogated unto March next ; and would desire them to 
agree thereto, in regard they that ^tood for the queen had 
condescended to the same, and as much more time as she 
should think fitting." This answer, of the date at Hampton 
Court the seventh of December, came unto the regent the 
fifteenth, who thereupon advertised the noblemen to meet at 
Edinburgh with all diligence for taking deliberation of things 
desired. 

The laird of Grange, whether to impede the meeting, or 
to divert the council from trying a conspiracy which was 
then discovered, and said to have been devised in the castle 
against the regent's life, it is uncertain, raised a great trouble 
in the town of Edinburgh about the same time. One of his 
servants, called James Fleming, being imprisoned by the 
magistrates for a slaughter committed by his direction, he in 
the evening, whilst all men were at supper, made the 
garrison of the castle to issue forth, and break open the 
prison doors, playing all the while upon the town with the 
cannon, to terrify the inhabitants from making resistance. 
This being complained of to the regent, he was cited to 
answer for the riot, but refused to appear, and presently 
brake out in open rebellion, fortifying the castle, and con- 
ducing a number of soldiers, who did afterwards greatly 
annoy the citizens. 

The nobility notwithstanding did keep the meeting, and 
made choice of the earl of Morton, the abbot of Dunfermline, 
and Mr James Macgill, to go unto England ; withal they 
agreed to the abstinence required, adjourning the parliament 
to May thereafter. How soon these commissioners were 
come to London, the earls of Leicester and Sussex, the lord 
keeper, the chamberlain. Sir William Cecil, secretary (then 
made Lord Burleigh), Sir Walter Mildmay, and Sir Francis 
KnoUys, were appointed to confer with them. These meeting 
in the secretary's chamber at court, after salutations and 
some general speeches, the Lord Burleigh said, " That they 
were desired to come into England upon occasion of a treaty 
begun betwixt the two queens, and that her majesty did 
now expect to receive from them such evident reasons for 
their proceedings against their queen, as wherewith she might 
both satisfy herself, and with honour answer to the world 



A. D. 1570.] CHURCH OF SCOTLAND. 149 

for that which she did : Or if they could uot be able so to 
do, that matters might be composed in the best sort for their 
safeties, which her majesty would by all means procure." The 
commissioners answered, " That they had before that time 
imparted the truth of all things to her majesty, which they 
thought might satisfy to clear them from the crimes objected ; 
yet if she stood doubtful in any point, the same should be 
cleared, and their doings justified by most evident reasons." 
Nothing farther was said at that time, but all continued to 
the next day. And then having again met, the earl of 
Morton made a long discourse of the reasons and grounds of 
their proceedings, answering the objections which he thought 
could be made against what he had spoken. His discourse 
ended, they were desu^ed to put their reasons in writing; 
which was with some difficulty yielded unto, and under con- 
dition, " that if the reasons proponed by them did not con- 
tent her majesty, the writing should be re-dehvered, and no 
copy taken thereof ; otherwise, if her majesty did hke and 
allow them, they were content the same should be put in 
record, if so it pleased her highness." 

The last of February (for albeit the twentieth of that 
month they came to London), they presented a number of 
reasons for justifying the deposition of their queen, and cited 
many laws both civil, canon, and municipal, which they 
backed with examples drawn forth of Scottish histories, and 
with the opinions of divers famous divines. The queen of 
England, having considered their reasons, was not a little 
displeased both with the bitter speeches, and with the liberty 
they had used in depressing the authority of princes, and 
thereupon told them, " That she was in no sort satisfied 
with their reasons, willing them to go unto the second head, 
and devise what they thought meetest for the safety of their 
king and themselves. But they refusing, said. That they 
had no commission to speak of any thing that might derogate 
from the king's authority ; and if such a commission had been 
given them, they would not have accepted it." 

In these terms matters continued some days, till the com- 
missioners for the king of Scots suiting to be dimitted were 
sent for to Greenwich, where the queen had a long speech, 
tending all to declare what a good will she had carried to 
the young king, and to those that professed his obedience, 



150 THE HISTORY OF THE [a. D. 1570. 

and wondering they should be so wilful as not to deliberate 
of such things as served to their own safety. The commis- 
sioners answering, that they believed the reasons produced 
would have satisfied her majesty touching their proceedings, 
which (as they esteemed) were sufficient to prove that they 
had done nothing but according to justice ; " Yet I (saith 
the queen) am not satisfied neither with your reasons, nor 
laws, nor examples ; nor am I ignorant of the laws myself, 
having spent divers years in the study thereof. If ye your- 
selves will not propone any thing for your own sureties, yet 
I would have you hear what my council is able to say in that 
matter, and I hope it shall content you," 

They answered, " That their respect to her majesty was 
greater than to refuse any good advice which she and her 
council should give them ; but that they had no power to 
consent to any thing that might infer an alteration of the 
present state, or diminish the king's authority." 

The next day the articles following were given them, and 
they desired to consider the same, and set down their answer 
in writing. 

1. That in regard her son had been crowned king by 
virtue of her dimission, and his coronation ratified by the 
three Estates of parliament, and that since that time a great 
number of the subjects had professed obedience to him and 
his regents, which was to be interpreted in the best part, as 
done out of duty, and not out of any ill mind towards their 
queen, the obedience so yielded to the king and his regents 
should be allowed from the time of the dimission of the 
crown made by her, unto the resumption of the same. And 
all manner of acts done since that time in the administration 
of justice and for government of the state should be reputed 
good and lawful, or at least reviewed, and confirmed in the 
next parliament, after consideration taken of the same by 
twelve lords, whereof six should be named by the queen and 
her commissioners, and the other six by the commissioners for 
the king's part. 

2. That all statutes and ordinances made concerning 
matters of religion and the ministers thereof, since the. said 
time, should be observed by all the subjects of Scotland, and no 
pardon nor dispensation granted in time coming to any person 
not observing the same, without consent of the said twelve lords. 



A. D. 1570.] CHURCH OF SCOTLAND. 151 

3. That all processes, sentences, and judgments given 
either in causes civil or criminal since the said time, wherein 
the order of the laws of the realm had been observed, should 
remain in force, and only such sentences as had been pro- 
nounced either in the name of the king or queen against any 
person for not obeying or acknowledging either of their 
titles be rescinded ; the sentences always pronounced against 
the earl of Bothwell or any others for the murder of the 
queen's husband standing good and valid. 

4. That all ecclesiastical benefices and temporal offices, 
which have usually continued in the person of any during term 
of life, should remain with the same persons that held them 
at the time of the queen's dimission ; such excepted as may 
be proved to have consented to the murder of her husband, 
or that have left them upon recompense and with their own 
consents, in which cases the present possessors should enjoy 
the same, unless they were incapable, and declared by the 
twelve lords to be such. 

5. That all strengths, castles, and houses appertaining to 
the crown should be restored to the possession of those who 
held them at the time of the queen's dimission, except they 
had parted therewith upon agreement : in which case the 
queen, with consent of the said twelve lords or the most part 
of the council, should dispose thereof. 

6. That the jewels, plate, moveables and implements of 
houses belonging to the queen at the time of her dimission 
should be restored, provided the moneys which any had laid 
out for the same were repaid. And for such as had been put 
away by the direction of the regents or council, that recom- 
pense should be made by the queen to the party according 
to the just value. 

7. That a law should be established in parliament for 
oblivion and remission of all things done since that time, 
after the same manner that was done in the year 1563 : 
Providing not the less, that the comptroller, treasurer, and 
other receivers of the crown-revenues, should give an account 
to the queen of all sums of money or other profits which had 
not been expended hona fide for the affairs of the realm, or 
by order and warrant from the regent and others trusted 
with those affairs ; neither should the remission be extended 
to any that had taken by force any houses, castles, lands, or 



152 THE HISTORY OF THE [a. D. 1570. 

heritages belonging to others, but restitution should be made 
thereof to the party dispossessed, or to his heirs, till the same 
by order of law were justly recovered. In like manner 
concerning goods moveable taken away from the owners 
against their wills, and being yet in their own nature extant, 
that restitution should be made thereof. And because many 
doubts might arise upon this article, the same should be de- 
termined by the foresaid twelve lords, or otherwise, as was 
devised for the execution of the act made anno 1563. 

8. That, for the more quiet government of the realm, 
there should be appointed a privy council, which should 
consist of twelve lords spiritual and temporal, besides the 
other ordinary officers that do usually attend. And that the 
said council should be established with the like provisions 
that were made at the return of the queen out of France, anno 
1561 ; so many as were then councillors, and yet alive, 
being counted of that number ; and that the earl of Lennox, 
because he was most bound by nature to take care of the 
king, should be one of the council, and have place therein 
according to his degree. 

9. That for the greater safety of the king's person, he 
should be brought into the realm of England, and there 
governed by such noblemen of Scotland as depend of him ; 
so as he may be ever ready to be restored to the crown, if 
the queen his mother break the covenants agreed betwixt her 
and the queen of England. 

10. That for his entertainment he should not only have 
the revenues which the princes of Scotland in former times 
possessed, but also the rents and offices belonging sometime 
to the earl of Bothwell. 

11. And last. That a convenient number of hostages, being 
all noblemen, and of those who have adhered to the queen, 
and solicited her delivery, should enter in England to remain 
there for assurance of observing the conditions made both to 
the king of Scots and the subjects under his obedience, and 
to the queen of England for the peace and quiet of her do- 
minions ; and that the said hostages should be entered in 
England before the queen of Scots shall be put to liberty. 

These Articles delivered to them were answered the next 
day as followeth. " We have seen and considered the note 
of the heads which we received from your lordships for paci- 



A. D, 1570.] CHURCH OF SCOTLAND. 153 

fying the controversies between the queen our sovereign's 
mother, and the king her son and his subjects, touching the 
title of the crown of Scotland, if it be found that her dimis- 
sion either was or may be lawfully revoked by her ; and 
therewithal having diligentl}^ perused our commission and 
instructions, to know how far we might enter in treaty upon 
the same heads for satisfaction of the queen's majesty and 
your lordships to whom the hearing of the cause is committed, 
we find ourselves no way able nor sufficiently authorized to 
enter into any treaty or conference touching the king our 
sovereign his crown, the abdication or diminution of the 
same, or yet the removing of his person from the place where 
he abideth. For as we profess ourselves his highness' sub- 
jects, and have all our power and commission from him, to 
treat in his name, in matters tending to the maintenance of 
true religion, his honour and estate, and for the continuance 
of amity betwixt the two realms, so we cannot presume to 
abuse our commission in any tiling that may prejudge 
him, wherein we trust your lordships shall allow and ap- 
prove us," 

At the same time, and whilst these tilings were a-doing 
with the king's commissioners, some others were appointed 
to confer with those of his mother's party : and to them it 
was proposed, " That, for the security of the queen of Eng- 
land, and the noblemen that followed the king of Scots, the 
duke of Chatelherault, with the earls of Huntly, Argyle, the 
Lords Home, Herries, and any other nobleman they pleased 
to name, should be delivered as pledges, and the castles of 
Dumbarton and Home be put in the hands of Enghshmen, 
to be kept for three years." The answer they gave was, 
" That she, who of her own motive committed herself to the 
protection of the queen of England, would most willingly 
give her satisfaction in all things which conveniently might 
be done ; but to deliver those great men and the fortresses 
required, was no other thing but to spoil and deprive the 
distressed queen of the succour of her most faithful friends, 
and the strength of those places. Yet if in all other points 
they did agree, they made offer that two earls (one whereof 
should be of the number nominated) and two lords should 
enter as hostages, and remain in England for the space of 
two years ; but for the holds and castles they could not, be- 



154 THE HISTORY OF THE [a. D. 1570. 

cause of the league with France, he put in the hands of Enghsh- 
men, unless others were put also in the hands of the French." 

The queen of England, perceiving that there were on both 
sides great impediments, sent for the king's commissioners, 
and told them how she had considered that the Articles pro- 
poned could not be resolved but in a parliament ; and there- 
fore leaving the treaty for a time, seeing she understood 
there was a meeting of the Estates appointed in May next, 
she held it meetest they should return, and iu that meeting 
condescend upon an equal number of both parties that should 
have power to compose matters ; the abstinence in the mean 
time being renewed, in hope that all differences should be 
taken away, and matters peaceably agreed. This she would 
cause signify to the agents of their queen, and doubted not 
but they would assent thereto. Yet when it was moved 
unto them, they refused to agree to any delay, till they 
should know what was her own mind. Hereupon the king's 
commissioners were commanded to stay till her answer should 
be returned. 

In this time the bishop of Galloway and the Lord Living- 
stone, trusting to speed better by conference with the earl of 
Morton and the rest, sent to desire a meeting of them ; 
which was yielded unto, provided the bishop of Ross came 
not in their company, for him they would not admit, as being 
the king's rebel Having met, they talked kindly one to 
another. But that the queen should be restored to her 
authority, in no condition (though divers were proponed) 
could be admitted. Which when she heard, and that the 
queen of England had taken a course to delay things, she 
grew into a great choler, and inhibited her commissioners to 
treat any more. This reported to the queen of England, she 
sent for the earl of Morton and his associates, and told them, 
that their queen took in evil part the motion she had made : 
" and seeing it is so," saith she, " I will not detain you 
longer, ye shall go home, and if afterwards she be brought 
to agree to this course, as I hope she shall, I have no doubt 
but you will, for your parts, do that which is fitting." Thus 
were they dimitted. 

Whilst these things were doing in England, the factions at 
home, notwithstanding of the abstinence, were not idle, but 
taking their advantage of others. Lord Claud Hamilton 



A. D. 1570.] CHURCH OF SCOTLAND, 155 

ejecting the Lord Sempill his servants forth of the house of 
Paslay, placed therein a number of soldiers, and by them 
kept all those parts in fear. The regent upon this, gathering 
some forces, besieged the house, and had it rendered to him 
within a few days. The soldiers were conveyed to Edin- 
burgh, and hanged on the gallows without the town. Not 
long after, upon intelligence that the castle of Dumbarton 
was negligently kept and might easily be surprised, he sent 
three companies, under the command of Captain Crawford, 
Captain Home, and Captain Ramsey, to give the attempt. 
Ladders and other necessaries for scaling being prepared, 
they went thither in the night, conducted by a fellow that 
had served in the house, and as then had quit his service 
upon a private discontent. A little before day, carrying the 
ladders with the least noise they could make, they placed 
the same in the most commodious part for ascent, and, not- 
withstanding of sundry difficulties that happened, got up in 
the end to the top of the rock. There having a wall of 
stone likewise to climb, Captain Alexander Ramsey, by a 
ladder which they drew up after them, was the first that 
entered, and for a short space defended himself against three 
watchmen that assailed him. Crawford and Home following 
quickly with their companies, the watchmen were killed, and 
the munition seized. The Lord Fleming, who commanded 
the castle, hearing the tumult, fled to the nether Baize, (so 
they call the part by which they descend to the river,) and 
escaped in a little boat. The soldiers and other servants 
yielding, were spared, and freely dimitted. Within the 
castle were the archbishop of St Andrews, Monsieur Verac 
the Frenchman, the Lady Fleming, John Fleming of Boghall, 
Alexander Livingstone, son to the Lord Livingstone, and 
John Hall an Englishman, who were all made prisoners. 
The next morning the regent came tliither (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. Verac was sent to be kept at 
St Andrews, and permitted afterwards to depart. The 
Englishman Hall was delivered to the marshal of Berwick. 
Boghall and the Lord Livingstone's son Avere detained. The 
archbishop was sent to Stirling, and the first of April pub- 
hcly hanged on a gibbet erected to that purpose. 



156 THE HISTORY OF THE [a. D. 1570. 

This was tlie first bishop that suffered by form of justice 
in this kingdom. 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 was disliked of divers, who wished a greater respect to 
have been carried to his age and place. But the suspicion of 
his guiltiness in the murders of the king and regent made 
him of the common sort less regretted. It is said, that being 
questioned of the regent's murder he answered, " That he 
might have stayed the same, and was sorry he did it not." 
But when he was charged with the king's death, he denied 
the same. Yet a priest called Thomas Robinson, that was 
brought before him, affirmed that one John Hamilton (com- 
monly called Black John) had confessed to him on his death- 
bed that he was present by his direction at the murder. 
Whereunto he replied, " That being a priest he ought not 
to reveal confessions, and that no man's confession could 
make him guilty." But for none of those points was he con- 
demned, nor the ordinary form of trial used, though he did 
earnestly request the same; only upon the forfeiture led 
against him in parliament he was put to death, and the exe- 
cution hastened, lest the queen of England should have in- 
terceded for his life. 

They who stood for the queen, upon advertisement that 
the treaty was dissolved, and that she had recalled the bishop 
of Galloway and the Lord Livingstone, did presently take 
arms. The laird of Grange, to keep the town of Edinburgh 
under command, did plant in the steeple of St Giles some 
soldiers, and transport all the armour and munition which 
was kept in the town house to the castle. After a few days 
the duke of Chatelherault came thither, with the earls of 
Argyle and Huntly, the Lords Herries, 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 
dehver the books of council and parliament, and seized on 
every thing which they thought might hinder the states to 
convene. The ministers were commanded in their pubHc 
prayers to make mention of the queen their sovereign prin- 
cess, which they refused. John Knox withdrew himself, 



A. D. 1571.] CHURCH OF SCOTLAND. 157 

and retired to St Andrews, Alexander bishop of Galloway- 
preaching in his place. 

The regent on the other side, with the nobility that adhered 
to the king, came unto Leith, with a resolution to hold the 
parhament, whatsoever should follow ; and because it would 
be a difficult work to recover the town, conclusion was taken 
to keep the parhament in that part of the Canongate which 
is subject to the town's jurisdiction ; the lawyers having re- 
solved, that in what part soever of the town the Estates 
should convene, their meeting would be found lawful. Thus 
on Monday the fourteenth of May, which was the diet ap- 
pointed, the parliament according to the custom was fenced 
in a house without the gates, yet within the liberties of the 
town. The Saturday preceding, the regent had by ad- 
vice of the council sent some men of war to possess that 
part of the town, who were assisted by certain noblemen 
voluntaries that joined in the service. And notwithstanding 
the continual playing of the ordnance upon that part from 
the castle, both that day and all the time the parliament sat, 
not a man (a thing most strange) of the regent's side was 
either hurt or killed. There were cited to the parliament 
young Lethington, his brother Mr John Maitland, prior of 
Coldingham, Gavin Hamilton, abbot of Kilwinning, with his 
eldest son, and a base son of the late archbishop of St 
Andrews, who were all declared culpable of treason ; young 
Lethington, because of his foreknowledge and counsel given 
to King Henry his murder; 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, Mar, Glencarne, Craw- 
ford (who some months before had forsaken the queen's fac- 
tion, and submitted himself to the king), Buchan, and Men- 
teith, the Lords Keith and Graham, as proxies for their 
fathers, the earls of Marshal and Montrose, with the Lords 
Lindsay, Ruthven, Glammis, Yester, 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 Stirling, 

A new civil war did then break up, which kept the realm 



158 THE HISTORY OF THE [a, D. 1571. 

in trouble the space of two years very nigh, and was excr- 
ced 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 to- 
gether as enemies seeking one the destruction of another. 
Every man, as his affection led him, joined to the one or other 
party; one professing to be the king's men, another the 
queen's. The very young ones scarce taught to speak had 
these words in their mouths, 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 coun- 
try the most distressed, they that were of quiet disposition 
and greatest substance being forced to forsake their houses ; 
which were partly by the soldiers, partly by other neces- 
sitous people (who made their profit of the present calamities), 
rifled and abused.' The nineteenth day of May the regent 
and other noblemen leaving the Canongate went to Leith, 
and the next day in the afternoon took their journey towards 
Stirling, where the ordinary judges of Session were com- 
manded to sit for ministering justice to the lieges. As they 
were taking horse, the forces within Edinburgh issued forth, 
making show to fight, yet still they kept themselves under 
guard of the castle. The earl of Morton parting from the 
regent at Corstorphine, had the foot-soldiers left with him to 
withstand the enemy, if he should make any sudden attempt. 
Nor did there many days pass when the earl of Huntly and 
Lord Claud Hamilton with their forces enterprised the burn- 
ing of Dalkeith. Morton, who remained there, being fore- 
warned of their coming, took the fields, and entertained a 
long fight with them, though in number he was far inferior. 
Divers on either side wore killed, twenty-five of the earl of 
Morton's men taken prisoners, and of the adverse party 
Captain Hackerston. Neither had the conflict ended so soon, 
if they had not been separated by an accident that happened 
in the time. The earl of Huntly and Lord Claud had car- 
ried with them a great quantity of powder, wherewith the 
soldiers striving to furnish themselves, and one of the 
matches falling amongst the powder, it took fire, and with a 
terrible noise overthrew all that stood by. Captain James 
Melvill and a number of his company were thereby killed in 
' [See note at the end of this Book.— E.] 



A. D. 1571.] CHURCH OF SCOTLAND. 159 

the place ; many died a few days after of the hurt they re- 
ceived at that time. 

The earl of Morton by this invasion being taught to look 
unto himself, did hire a band of soldiers that was lately come 
from Denmark under the command of Captain Michael 
Wemyss, or, as others write, Captain David Wemyss. The 
lords that remained at Edinburgh, thinking to intercept him 
and his company, as he crossed the river of Forth, employed 
Mr James Kirkcaldy, brother to the laird of Grange (who a 
few days before was come from Franco with a supply of 
money and arms), and Captain Cullen, a man well skilled in 
sea affairs, to he in wait for their landing. But the purpose 
being detected to the earl of Morton, he came upon them at 
Leith as they were taking boat so unexpected, as sixteen of 
the number were taken prisoners ; which served to redeem 
certain of Captain Wemyss's company, that were the next 
day taken at sea, for he himself with the greatest part arrived 
safely at Leith. 

The regent having advertised the queen of England of 
those troubles, and by the common danger of both the realms 
entreated that she should no longer remain a neuter, she sent 
Sir WiUiam Drury, marshal of Berwick, to try the estate of 
things, the power that the regent had, and the means where- 
by the castle of Edinburgh might be recovered. And per- 
ceiving by the information returned, that without her assist- 
ance neither could that strength be regained, nor the waged 
soldiers be kept long together, because as yet she held it not 
fit to declare herself for the king, she began of new to treat 
with both parties for a surccasance of arms, and that the 
town of Edinburgh might be freed of the soldiers, and left 
patent for the court of justice, the captain of the castle having in 
the meantime a convenient revenue (for guarding the house) 
allowed unto him. But this turned to no effect, for the con- 
ditions for the surceasance required could not be agreed unto 
by either side. For the regent would have the town of 
Edinburgh put in the estate wherein it was at the going of 
the commissioners to the court of England in January pre- 
ceding, and Grange to content himself with such an ordinary 
garrison as other keepers of the castle were accustomed to 
entertain. The other faction was content to leave the town 
patent, but so, that neither the regent nor the eai'l of Morton 



160 THE HISTORY OF THE [a. D. 1571. 

should come unto it. And for the surety of the castle, they 
would have Grange to retain a hundred and fifty soldiers 
besides the ordinary guard, who should lodge in that part of 
the town which was nearest unto the same. 

The conditions of either side rejected, they of Edinburgh, 
not to be wanting of the authority of a parliament, kept a 
public meeting in the town-house the twelfth day of June 
(to which day they had indicted a parliament), where a sup- 
plication was presented in name of the queen, bearing, " That 
it was not unknown how certain of her rebellious subjects 
having imprisoned her person in the tower of Lochleven, did 
hereafter constrain her to make a dimission of the crown in 
favours of her son, which by the advice of Mr John Spence 
of Condy, her advocate, she had lawfully revoked ; albeit 
otherwise the same could not subsist, being done without the 
consent and advice of the Estates, and upon a narrative of her 
inability and weakness, which any of mean judgment might 
consider to be a mere forgery, seeing her weakness to govern 
cannot be esteemed so great as is the weakness of an infant 
lying in the cradle, neither can he who hath the present ad- 
ministration of aifairs compare with her in any sort for apt- 
ness and ability to govern. Therefore was it desired that 
the nobility and Estates there convened, after they had 
examined the grounds of the said dimission, and found them 
in reason naught, should discern the same to be null in all 
time coming." 

The supplication once or twice read, as the custom is, it 
was pronounced as foUoweth : " The lords spiritual and tem- 
poral with the commissioners of burghs presently assembled, 
being ripely advised with the supplication presented, have 
by authority of parliament ordained the said pretended di- 
mission, renunciation, and overgiving of the crown by the 
queen, consequently the coronation of her son, the usurped 
government of liis regents, and all that hath followed there- 
upon, to have been from the beginning null and of no force 
nor effect, for the reasons contained in the said supplication, 
and other considerations notour to the whole Estates. And 
therefore commands all the subjects to acknowledge the queen 
for their only sovereign, notwithstanding the said dimission, 
and as it had never been in rerum natura.'" Herewith to 
conciliate the favour of the church and people, by another 



A. D. 1571.] CHURCH OF SCOTLAND, 161 

statute they ordained, " That none should innovate, alter, or 
pervert the form of religion and ministration of sacraments, 
presently professed and estabhshed within the realm ; but 
that the same should have free course, without any let or 
impediment to be made thereto." And therewithal the super- 
intendents, ministers, exhorters, and readers in churches, 
were commanded in theu' pubHc service to pray for the queen 
as their only sovereign, the prince her son, the council, 
nobility, and whole body of the commonwealth. These 
statutes they caused to be proclaimed at the market-cross the 
day following, which was the thirteenth of June. 

Sir William Drury findmg his labours unprofitable, and 
preparing to depart, the lords of Edinburgh would needs in 
courtesy bring him on the way. The earl of Morton, who 
lay then at Leith pained with a cholic, hearing that they 
were in the fields, and taking it to be done for ostentation of 
their power, arose from his bed, and putting his men in 
order, marched to Restalrig, which way they were to pass. 
Sir William Drury perceiving the companies of Leith in the 
way, and sorry that his convoy should have given the occa- 
sion, travelled between them, and by his persuasions made 
them both consent to retire. But then the question fell who 
should first retu'e ; 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 
wilUngly. How soon Morton was advertised of the diflSculty 
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 
strait and narrow passage many were killed and trod to 
death ; but the number of prisoners were greater, for there 
were a hundi-ed and fifty taken, amongst whom were the 
Lord Home and Captain James Cullen ; the abbot of Kil- 
winning was killed, a gentleman of good worth, and greatly 
lamented, for he was of all that faction esteemed most mo- 
derate. There died some fifty in all, most of them common 

VOL. II. 11 



162 THE HISTORY OF THE [a. D, 1571. 

soldiers and of mean account. On Morton's side Captain 
Wemyss with one only soldier was slain. This conflict 
happened on Saturday the twenty-eighth of June 1571. 

Advertisement hereof sent to the regent, he came the next 
day to Leith, where first order was taken with the prisoners, 
and the Lord Home sent to Tantallan. But he stayed not 
long there, for the laird of Drumlanrig being intercepted by 
Sir David Spence of Wormiston, as he was making home- 
wards, 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 regent's abode at Leith, 
and the country's 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 con- 
flict or other, wherein sometimes the regent, and sometimes 
the queen's party had the better. At this time, upon a re- 
port carried to the laird of Grange that he was commonly 
called by those of Leith the traitor, he sent a trumpet to 
appeal any one of their side to combat that should dare to 
affirm so much. The laird of Garlies offering to maintain 
it, time and place were appointed for the fight ; and when all 
were expecting the issue of it. Grange excused himself by the 
public charge he bare, saying, " That it was not thought con- 
venient 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 nineteenth of July, willed 
him to move them of new for an abstinence, offering to send 
persons of authority and credit to the borders, who should 
travail to agree them, and remove all differences as well con- 
cerning 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 pro- 
ceeding should be made therein, either by making of laws, or 
by denouncing of any persons forfeited, and that only they 
should authorize certain persons to meet with her commis- 
sioners 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 imto England (for this he 



A. D. 1571.] CHURCH OF SCOTLAND. 163 

had desired), Lethington excepted, and those that were sus- 
pected of the late king's murder. But whether this exception 
gave the cause, or the daily encouragements sent by the 
French, none was directed thither. 

The regent by his answer of the twenty-seventh excused 
his not yielding to the abstinence, Avhich, he said, " without 
evident prejudice to the king's cause could not be granted so 
long as Edinburgh was detained." For other points he an- 
swered, " That by himself, without the consent of the nobihty 
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 twenty-second 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 
two hundred persons forfeited. The regent advertising the 
queen of England how they had proceeded, and with what 
disorder, did show the necessity whereunto they that lived 
in the king's 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 Stirling the twenty-eighth of the same month, sen- 
tence of forfeiture was pronounced against the duke of 
Chatelherault, his two sons, the abbot of Aberbrothock and 
Lord Claud, the earl of Huntly, the laird of Grange, and 
some others. And for satisfying the queen of England's 
desire, the earls of Morton, Mar, and Glencarne, the Lords 
Sempill, E-uthven, and Glammis, with the bishop of Orkney, 
the abbots of Dunfermline and St Colme's Inch, Sir John 
Bellenden, justice-clerk, and Mr James Macgill, clerk of 
register, were nominated by the Estates, and commission 
given them, 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 de- 
fensive betwixt the two realms. Of all that did the regent 
give notice to the queen, beseeching her not to press them 
with any thing that might seem to call the king's authority 
in question. But before these letters came to her hands, he 
was killed, as ye shall hear. 



164 THE HISTORY OF THE [a. D. 1571. 

Lord Claud Hamilton having intelligence given him of the 
security wherein the regent and nobility lived at Stirling, 
and how as in a time of settled peace they did not so much 
as keep a watch by night, took resolution to invade them, 
and was therein greatly encouraged by Captain George Bell 
(a man born in Stirling, and one that knew all the passages 
and streets), who made offer to put him and the company he 
should bring with him safely in the town. This he communi- 
cated to the earl of Huntly, Walter Scot of Buccleuch, and 
David Spence of Wormiston, who were all content to join in 
the enterprise. The second of September they went from 
Edinburgh a little before sunsetting, accompanied with two 
hundred horse and three hundred foot ; and, lest their 
journey should be suspected, they made the rumour go that 
they went towards Jedburgh, to compose a discord fallen out 
betwixt the town and the laird of Farniherst. 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 way all their discourse was whom they 
would kill, and whom they would save), they came about the 
dawning of the day to the town, and found all things so quiet, 
as not a dog was heard to open his mouth and bark : where- 
upon having planted the soldiers in the most commodious 
parts of the town, and enjoined them to suffer no person to 
come unto the street, they went to the noblemen's lodgings 
which were designed unto them, and found there little or no 
resistance. The earl of Morton defended the lodging where- 
in he was some little time, but fire being put to the house 
he rendered to the laird of Buccleuch. The regent was 
taken with less ado, his servants making no defence. In like 
sort were the earls of Glencarne and Eglinton made prisoners, 
with divers others. The earl of Mar hearing the noise, 
issued forth of the castle with sixteen persons only, and 
entering the back of his new lodging, which was not then 
finished, played with muskets upon the street, so as he forced 
them to quit the same. The townsmen and others, upon this 
taking courage, gathered together and put the enemy to 
flight, pursuing them so hotly as they were constrained to 
quit their prisoners, and some to render themselves to those 
they were leading captive. The regent, who was Wormis- 



A. D. 1571.] CHURCH OF SCOTLAND. 165 

ton's prisoner (for to him he had rendered), being carried a 
little without the port, when they saw the rescue coming, 
was shot by Captain Calder, and with the same bullet Worm- 
iston (who did what he could to save the regent) was 
stricken dead. 

The death of this gentleman was much regretted of both 
factions, for that he was for manly courage and other virtues, 
as well of body as mind, inferior to none of his time. There 
fell at this time on the regent's side some twenty-four, 
amongst whom the most eminent were George Ruthven, 
brother to the Lord Ruthveu, and Alexander Stewart of 
GarHes. Of the other side as many were slain, and divers 
taken prisoners ; amongst whom were the two Captains Bell 
and Calder, who were executed as traitors. The Lord 
Claud with the earl of Huntly and the rest escaped, and had 
all been taken if there had been horses to pursue them ; but 
the borderers that followed Buccleuch, men accustomed with 
such practices, had emptied the stables at the first entry into 
the town. It was certainly a bold enterprise, whereof we 
will not find many the like in story. So few men leaving 
their strength to take so long a journey, and enter upon a 
town full of enemies (for there were in it 5000 able and reso- 
lute men at least, besides the inhabitants), was a great 
audaciousness ; and then to get in their hands the chief of 
theu' adversaries, whereby they were once in a possibiUty to 
have returned absolute victors ; yea when the course altered, 
to have saved themselves with so little loss, was held strange, 
and made the enterprise to be counted no less fortunate than 
it was bold and venturous. 

It was also observed, and is worth the reporting, that the 
young king, who was brought from the castle to the parlia- 
ment house at their first sitting, after a short speech which 
they had put in his mouth, espying in the table-cloth, or, as 
others have said, in the toji of the house, a little hole, cried 
out, that there was a hole in the parliament. An ominous 
speech, and so interpreted by some that were present, which 
the event made the more remarkable ; for before the parlia- 
ment was at an end a great hole was made in it by the death 
of him that began the same. The regent, though his wound 
was mortal, did not light from his horse till he came to the 
castle. By the way when his friends did encourage him, he 



166 THE HISTORY OF THE [a. D. 1571. 

still answered, if the babe be well (meaning the king) all is 
well : and being laid in bed and his wound dressed, after 
they had told him that his bowels were cut, calling the no- 
bility he spake unto them a few words to this effect : — 

" I am now, my lords, to leave you, at God his good pleasure, 
and to go into a world where is rest and peace. Ye know 
it was not my ambition, but your choice, that brought me to 
the charge I have this while sustained ; which I undertook 
the more wiUingly, that I was persuaded of your assistance 
in the defence of the infant king, whose protection by nature 
and duty I could not refuse. And now, being able to do no 
more, I must commend him to Almighty God, and to your 
care, entreating you to continue in the defence of his cause 
(wherein I do assure you in God's name of your victory), and 
make choice of some worthy person, fearing God and affec- 
tionate to the king, to succeed unto my place. And I must 
likewise commend unto your favour my servants, who never 
have received benefit at my hands, and desire you to re- 
member my love to my wife Meg (so he was accustomed to 
call her), whom I beseech God to comfort." This said, he 
took leave of them all one by one, requesting them to assist 
him with their prayers, in which he himself continued some 
hours, and so most devoutly ended his life. A man he was 
of noble qualities, tried with both fortunes, and if he had 
enjoyed a longer and more peaceable time, he had doubtless 
made the kingdom happy by his government. 

It is time that we return to the Church, and consider what 
the estate thereof was amidst the civil dissensions. In the 
countries where the queen's faction ruled, the ministers in 
their prayers did always recommend the queen as sovereign, 
serving the affection of those that commanded in the bounds, 
albeit the Assembly of the Church had otherwise appointed. 
John Knox, as we showed, had left the town of Edinburgh, 
and was gone to St Andrews, where he had strong opposi- 
tion made him by Mr Arcliibald and Mr John Hamilton, 
professors of philosophy in the new college, who stood fast 
to the queen's cause, and drew many of the students after 
them. This, together with the grief he conceived of the 
present troubles, did cast him in a sickness, whereof he never 
perfectly recovered. And at this time hearing that the As- 
sembly of the Church was met at Stirling, he sent unto them 



A. D. 1571.] CHURCH OF SCOTLAND. 167 

a letter, which I thought worthy to bo here insert : it was 
as followeth. " Because the daily decay of natural strength 
doth threaten me with a certain and sudden departing from 
the misery of this life, I exhort you, brethren, yea in the 
fear of God I charge you, to take heed to yourselves and to 
the flock over which God hath placed you ministers. What 
your behaviom* should be, I cannot now, nor have I need, as 
I think, to express ; but to charge you to be faithful, 1 dare 
not forget. And unfaithful ye shall be counted before the 
Lord Jesus, if with your consent, directly or indirectly, you 
suffer unworthy men to be thrust into the ministry of the 
Church, under whatsoever pretext. Remember the judge 
before whom we must give account, and flee this as ye would 
eschew hell-fire. This will be a hard battle I grant, but 
there is a second will be harder, that is, to withstand the 
merciless devourers of the Church-patrimony. If men will 
spoil, let them do it to their own peril and condemnation ; 
but communicate not ye with their sins, of what estate soever 
they be, neither by consent nor silence, but with public pro- 
testation make known to the world that ye are innocent of 
such robbery, and that ye will seek redress thereof at the 
hands of God and man. God give you wisdom, strength, 
and courage in so good a cause, and me a happy end. From 
St Andrews the tliirteenth of August 1571." 

In this meeting the churchmen began to think somewhat 
more seriously of the policy of the Church than before ; for 
the first draught being neither liked universally among them- 
selves, nor approved by the council, they saw it needful to 
agree upon a certain form of government that might con- 
tinue. Unto this time the Church had been governed by 
superintendents and commissioners of countries, as they were 
then named. The commissioners were alterable, and were 
either changed or had their commissions renewed in every 
Assembly. The superintendents held their office during life, 
and their power was episcopal ; for they did elect and oi*- 
dain ministers, they presided in synods, and directed all 
church censures, neither was any excommunication pro- 
nounced without their warrant. They assigned the stipends 
of ministers, directing the collectors (who were then chosen 
by the General Assembly) to distribute the thirds of benefices 
amongst them, as they thought convenient. If any surplus- 



168 THE HISTORY OF THE [a. I>. 1571. 

age was found in the accounts, the same was given by their 
appointment to the supply of the public state ; and in such 
respect were they with all rjien, as, notwithstanding the dis- 
sensions that were in the country, no exception was taken at 
their proceedings by any of the parties, but all concurred to 
the maintenance of religion, and in the treaties of peace made, 
that was ever one of the Articles ; such a reverence was in 
those times carried to the Church, the very form of govern- 
ment purchasing them respect. But the Church considering 
that things could not long continue in that estate, the super- 
intendents being grown in years, and most of them serving 
upon their own charges, which burden it was not to be hoped 
others, when they were gone, would undergo, thought meet 
to intercede with the regent and Estates, for establishing 
a sure and constant order in providing men to those places 
when they should fall void, and setthng a competent moyen 
for their entertainment. To this effect commission was given 
to the superintendents of Lothian, Fife, and Angus, and with 
them were joined Mr David Lindsay, Mr Andrew Hay, 
Mr John Row, and Mr George Hay. These were appointed 
to attend the parliament, and deal with the regent and 
Estates, that some course might be taken in that business. 
But the regent's death and the troubles which thereupon en- 
sued made all to be continued for that time. 

The regent's funerals performed with such solemnity as 
the time would suffer, and his corpse interred in the chapel of 
the castle of Stirling, the next care was for choosing a gover- 
nor in his place. Archibald earl of Argyle (who was then 
returned to the king's obedience), James earl of Morton, and 
John earl of Mar being put in htes, the voices went with the 
earl of Mar. The fifth of September the election was made, 
after which the parliament went on ; wherein, besides the 
confirmation of the regency, certain other acts passed in 
favours of those that should happen to be slain in defence of 
the king his authority. And the regent bending all his 
thoughts to the besieging of Edinburgh, brought an army 
thither about the midst of October, with nine pieces of 
artillery taken forth of the castle of Stirling. Having battered 
the walls of the town on the south side, but to small purpose, 
because of the ramparts and ditches which the defendants 
had cast up within, he retired himself and his army to Leith. 



A. D. 1571.] CHURCH OF SCOTLAND. 169 

The rest of the winter was spent in light skirmishes, wherein 
none of the parties did suffer any great loss. They in 
Edinburgh had the advantage ; for the castle being situated 
in a high place, and having a long prospect into all the parts 
about, gave them warning by a certain sign when their 
enemies did issue forth, so as seldom they came to handy- 
strokes : once only it happened that in an ambush laid by 
them of Leith, two captains, Hackerton and Michell, who 
served the lords in Edinburgh, with sixty of their companies, 
were taken prisoners. This made them of Edinburgh more 
circumspect in their outgoing ever after that time. 

In the north parts, Adam Gordon (who was deputy for 
his brother the earl of Huntly) did keep a great stir, and, 
under colour of the queen's authority, committed divers op- 
pressions, especially upon the Forbeses. Arthur Forbes, 
brother to the Lord Forbes (commonly called Black Arthur), 
a man both of wisdom and courage, had from the beginning 
of the civil wars always followed the king's party, and was 
at that time labouring to pacify quarrels amongst those of 
his name (for they were striving still one with another), that 
they might be the more able to withstand their enemies. 
In end he prevailed so far, as he brought his friends to con- 
descend upon a time and place of meeting for taking up their 
controversies, and binding them together in a sure friendship. 
Adam Gordon smelling his purpose, and fearing the conse- 
quence of it, used many policies to keep them still divided ; 
but when he perceived the meeting would keep, he resolved 
to come unto the place, and one way or other to impede the 
agreement. At his coming he found them treating upon 
matters, and standing in two companies a good space one 
from another, and, as if he had been ignorant of the purpose, 
sent to inquire wherefore they made such convocations. 
They answered, that they were doing some private affairs, 
wherein he had no interest. And being commanded to 
separate and return to their houses, they refused ; whereupon 
he invaded them, and falling on that part where Arthur 
Forbes stood, in the very joining killed him. The rest see- 
ing him fall took the flight, and in the chase many were slain ; 
they reckon a hundred and twenty to have died at that time. 
Not long after, he sent to summon the house of Towy per- 
taining to Alexander Forbes. The lady refusing to yield 



170 THE HISTORY OF THE [a. D. 1571. 

without direction from her husband, he put fire unto it, and 
burnt her therein, with her children and servants, being 
twenty-seven persons in all. This inhuman and barbarous 
cruelty made his name odious, and stained all his former 
doings ; otherwise he was held both active and fortunate in 
his enterprises. 

The Lord Forbes having escaped in the conflict, came to the 
regent, and complained for a present supply. He had 
granted to him two hundred footmen under the conduct of 
two captains, Chisholm and Wedderburn, with letters to the 
noblemen of the country that lay adjacent to assist. Forbes 
gathering his friends, and thinking himself strong enough 
with the supply he had obtained, made out to search and 
pursue his enemies. Adam Gordon lay then at Aberdeen, 
and being advertised that the Forbeses were drawing near 
to the city, he went forth to meet them. The encounter at 
the beginning was sharp and furious ; but the Forbeses were 
young men, for the greatest part, of small experience, and not 
under command ; and the soldiers not being well seconded by 
them, after they had fought a wliile, gave over and yielded. 
The slaughter was not great, for the conflict happened in the 
evening, which helped many to escape. Captain Chisholm 
with most of his company, and some fifteen of the name of 
Forbes, were killed ; the master of Forbes and some others 
were taken prisoners. 

This good success of the queen's party in the north gave 
hearts to all the faction, and now they began everywhere to 
take new courage. In the south the lairds of Farniherst and 
Buccleuch did assail Jedburgh, a little town, but very con- 
stant in maintaining the king's authority. Lord Claud 
Hamilton belayed Paisley. The castle of Broughty on 
the river of Tay was surprised by Seaton of Parbroath. 
And in divers other parts, troubles were raised of purpose to 
divide the regent's forces, and to withdraw him from Leith, 
that the town of Edinburgh, which was then in some scarcity 
of victuals, might be relieved. 

In the month of January an assembly of the Church con- 
vened at Leith, where, after great instance made with the re- 
gent and council for settling the policy of the Church, it was 
agreed that six of the council and as many of the Assembly 
should be selected to treat, reason, and conclude upon that 



A, D. 1571.] CHURCH OF SCOTLAND. 171 

business. For the council James, earl of Morton, chancellor ; 
William, lord Ruthven, treasurer ; Robert, abbot of Dun- 
fermline, secretary ; Mr James INIacgill, keeper of the roUs ; 
Sir John Bellenden, justice-clerk ; and Colin Campbell of 
Glenorchy were named ; and for the Church, John Erskine 
of Dun, superintendent of Angus ; Mr John Winraime, su- 
perintendent of Fife ; Mr Andrew Hay, commissioner of 
Clydesdale ; Mr David Lindsay, commissioner of the west ; 
Mr Robert Pont, commissioner of Orkney ; and Mr John 
Craig, one of the ministers of Edinburgh. These twelve 
convening, after divers meetings and long deliberation, grew 
to the conclusions following : 

1. That the archbishoprics and bishoprics presently void 
should be disponed to the most quaUfied of the min- 
istry. 

2. That the spiritual jurisdiction should be exerced by the 
bishops in their dioceses. 

3. That all abbots, priors, and other inferior prelates, who 
should happen to be presented to benefices, should be tried 
by the bishop or superintendent of the boimds, concerning 
their qualification and aptness to give voice for the Church 
in parliament, and, upon their collation, be admitted to 
the benefice, and not otherwise. 

4. That to the bishoprics presently void, or that should 
happen thereafter 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 pos- 
sessed by men provided before his majesty's coronation, 
who bare no ofiice in the Church, a particular nomination 
should be made of ministers in every diocese to supply 
their rooms until the benefices should fall void. 

5. That all benefices of cure under prelacies should be dis- 
poned to actual ministers, and to no others. 

6. That the ministers should receive ordination from the 
bishop of the diocese, and where no bishop was as yet 
placed, from the superintendent of the bounds. 

7. That the bishops and superintendents at the admission 
of ministers should exact of them an oath for acknowledg- 
ing his majesty's authority, and for obedience to their 



172 THE HISTORY OF THE [a. D. 1571. 

ordinary in all things lawful, according to the form then 
condescended. 

Order also was taken for disposing of provostries, college- 
churches and chaplainries, 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 until the 
king's majority, or till the Estates of the realm should other- 
wise 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 bishop's assembly, the dean to be called the moderator of 
the said assembly ; and for the titles of archdeacon, chancel- 
lor, abbot, and prior, that some should be appointed to con- 
sider how far these functions did extend, and give their 
opinion for the interchange thereof with others more agree- 
able 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 oflace 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 nobility's hands. According to 
these conclusions, Mr John Douglas, provost of the New 
College of St Andrews, was provided to the archbishopric of 
that see, Mr James Boyd to the archbishopric of Glasgow,, 
Mr James Paton to the bishopric of Dunkeld, and Mr Andrew 
Grahame to the bishopric of Dunblane. 

About the end of January, the regent, advertised of the 
peril wherein the town of Jedburgh stood, and of the great 
preparation that Faruiherst and Buccleuch made to surprise 
it, (for they had, besides their own forces, drawn all the people 
of Esk, Ewes, and Liddesdale to join with them, in hope of 



A. D. 1572.] CHURCH OF SCOTLAND. 173 

spoil, and from the English borders divers that were given 
to robbery, to the number of three thousand and above,) sent 
the Lord Ruthven with some forces to defend them. Before 
his coming, Walter Ker of Cessford, a man of good worth, 
who had ever assisted the kmg's party, was joined with them. 
Their enemies not the less 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 enclosed betwixt the town (who showed them- 
selves in the fields ready to fight), and the forces the 
Lord Ruthven brought with him, did presently retire and 
give back. Farniherst and Buccleuch 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 fleeing away, the rest 
betook them to a little bush of wood, where, being en- 
vironed on all sides, they yielded at discretion. The pri- 
soners were many, of whom some few were retained as 
pledges, and the rest dimitted upon promise to enter them- 
selves at a certain day. The rest of the winter and all the 
next spring was spent in hght skirmishes, with small loss on 
either side ; for they of the queen's faction did seldom come 
to the open fields, or if they showed themselves at any time, 
upon the first onset thej took the flight, and retired to the 
town. 

Whilst 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 sixteenth of 
January, was convicted of treason and condemned to die, yet 
was the execution delayed to the June after. The bishop of 
Ross, called also in question, defended himself by the privi- 
leges 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 showed, and was at the 



174 THE HISTORY OF THE [a. D, 1572. 

time accepted." When it was replied, " That the privileges 
of ambassadors could not protect them who did offend against 
the majesty of the prince they were sent unto, and that they 
were not to be reputed other than enemies who practised 
rebelUon against the state:" he answered, " That he had 
neither raised nor practised rebellion ; but perceiving the 
adversaries of his princess countenanced, and her out of all 
hope of hberty, he could not abandon his sovereign in her 
afihction, but do his best to procure her freedom. And that 
it would never be found that the privileges of ambassadors 
were violated via juris, by course of law, but only viafacti, 
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 re- 
mained nigh two years. Some ten days after Norfolk's 
execution, the queen of England directed certain of her 
council 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 herself ; 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 queen 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 queen 
of England, who having understood that she had entered in 
a secret confederacy with the Spaniard, kept her from that 
time in a more strict custody than before. 

Yet, at the request of the French king, she sent of new 
Sir WiUiam Drury into 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 wars 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 exe- 
cuted. 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 



A. D. 1572.] CHURCH of Scotland. 175 

the king's autliority. But whose device soever it was, it 
proved exceeding hateful. The common sort taking it to 
have come of Morton, called the wars of that time the 
Douglas' wars. This form of doing continued from the 
sixteenth of April to the eighth of June ; at which time both 
parties, wearied of execution daily made, were content to 
cease from such rigour, and use fair wars, as in former times. 
In the north, Adam Gordon, after the Forbeses were de- 
feated, found no resistance, and following his fortune, reduced 
all beyond the river of Dee to the queen's obedience. To 
impede his proceedings (for he had entered then into the 
country of Mearns, and was besieging the house of William 
Douglas of Glenbervie) the regent directed the earl of Craw- 
ford and Buchan, with the Lord Glammis, and master of 
Marshal. These noblemen meeting at Brechin, and waiting- 
there till their 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, escaped. Many were taken prisoners, and 
some thirty-nine persons slain within the city. This done, he 
besieged the town of Montrose, and forced them to pay a 
great sum of money ; which put the town of Dundee in such 
fear, as they were driven to seek aid of their neighbours in 
Fife. 

At the same time the castle of Blackness, a fort on the 
south side of the river of Forth, was sold by the keeper to 
the Hamiltons, and thereby the navigation betwixt Leith 
and Stirling barred. At Edinburgh were daily skirmishes 
betwixt them and the companies that lay at Leith, and (which 
was greatly lamented of both parties) the Lord Methven 
killed by a shot of cannon from the castle. The duke in the 
meantime having proclaimed a justice-court at Hamilton, 
cited divers persons within the sheriffdom of Renfrew and 
Lennox to answer to certain crimes whereof they were delated: 
the regent prepared to keep the diet, and leaving the earl of 
Montrose and the Lord Lindsay to follow the service at Leith, 
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 Sempill lieutenant in those west 
parts for the king, and returned to Stirling. 



176 THE HISTORY OF THE [a. D. 1572. 

He had intended an expedition into the north, but upon 
advertisement that two ambassadors were arrived at Leith, 
he turned thither ; the one was Monsieur de Croc, employed 
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 soldiers that served 
the lords at Edinburgh. This nobleman some ten days after, 
walking in the street, was unliappily wounded in the knee by 
the shot of a harquebuss, whereof he died the sixth of 
September. As to the queen of England, howbeit she de- 
sired peace to be made, yet she would have it in such manner 
as both factions might depend on her ; and so she had carried 
herself in all the late treaties, as however she favoured the 
king's party most, the other faction did never despair of her 
good will. 

The two ambassadors having tried the minds of both par- 
ties, they found them more tractable than they expected, and 
after some travail taken amongst them, obtained a cessation 
of arms for the space of two months, (continuing from the 
j&rst of August to the first of October,) upon the conditions 
following. 

1. That the regent, nobility, and all other subjects of the 
realm, partakers with them in the present troubles, should 
faithfully promise during the said space to abstain from all 
hostility. 

2. That before the expiring of the said abstinence, the nobi- 
lity and Estates should convene and advise upon the best 
means to establish a final peace ; and if any difficulty should 
arise in the said treaty which amongst themselves could 
not be composed, that the same should be remitted to the 
determination of the most Christian king and the queen of 
England. 

3. That the town of Edinburgh should be set at liberty, and 
made patent to all the subjects, and no place thereof be 
withholden or fortified with garrisons, the castle only ex- 
cepted, which, before these troubles arose, was accustomed 
to be kept and guarded with soldiers. 

4. That all the subjects, of whatsoever quaUty and condition; 



I 



A. D. 1572.] CHURCH OF SCOTLAND, 177. 

they were, should freely converse together without trouble 
or molestation to be offered them by word or deed, except- 
ing such as should be found guilty of the murder of the 
king, his father, and regents, the thieves and broken men 
of the borders and highlands, with the disturbers of the 
pubhc peace betwixt the realms of Scotland and England ; 
none of which should be comprised in the present absti- 
nence, but remitted to the trial and censure of the common 
law, and, wheresoever they might be apprehended, pre- 
sented to underlie the same. 
5. And last, because there were divers persons who in the 
time of these troubles had possessed themselves in other 
men's lands, and the fruits whereof in that season were to 
be collected ; to the effect no impediment should be made 
to the peace intended, it was agreed that the corns and 
fruits growing upon the said lands should be gathered and 
put in granges, or stalked upon the fields, and not applied 
to any private use, before the expiring of the abstinence. 

These articles were published the first day of August both 
at Edinburgh and Leith, and the same day the duke with 
the earl of Huntly and their followers departed from Edin- 
burgh, leaving the town free and patent, as was agreed. 
This beginning of peace joyed not a little the good subjects, 
for which public thanks were given in all the churches, and 
solemn prayers made for the continuance and perfection 
thereof. At this time, or much about the same, the earl of 
Northumberland, who had been kept a long time at Loch- 
leven, was delivered by the earl of Morton to the Lord 
Hunsdon, governor of Berwick, and shortly after beheaded 
at York, Hereat many did offend, esteeming the fact dis- 
honourable, and a discredit to the whole nation ; others did 
excuse it by the necessity of the time, and the inconvenience 
that the public affairs might receive, if the queen of England 
should be in any sort displeased. But so much the worse it 
was taken, that, as the rumour went, Morton received for his 
dehvery in England a great sum of money, and so the noble- 
man thought rather to be sold than dehvered. 

The next day after the publication of the abstinence, the 
regent and nobiUty adhering to the king did enter into Edin- 
burgh, where the ambassadors, after thanks given them for 

VOL. n. 12 



178 THE HISTORY OF THE [a. D. 1572. 

the pains they had taken, were courteously dunitted. It was 
the twenty -seventh of September, some three days only before 
the expiring of the abstinence, that the noblemen did meet 
(as was appointed) to consult upon the means of a perfect 
peace. Whereupon it was first agreed that the abstinence 
should be prorogated unto January next. After that, faUing 
to treat of the business itself, they agreed in many points, 
and even then had made a final accord, if the laird of Grange 
had not marred the same with his petitions. These were as 
followeth : — 

1. He craved a discharge to himself and all that were in the 
castle of all things which they or any of them had com- 
mitted since the beginning of the troubles, and that all acts, 
decrees, and sentences pronounced against them, either in 
parliament, secret council, or before the justice-general and 
his deputies, might be declared null and of no effect. 

2. That they should be repossessed in their rooms, heritages, 
and possessions, without any challenge to be made there- 
after of the same by whatsoever person or persons. 

3. That the heirs of the Lord Fleming, the laird of Wor- 
miston, and others who were slain in the queen's cause, 
might enter to their heritages and rooms, as though they 
had never been forfeited. 

4. That the castle of Edinburgh should be consigned in the 
hands of the earl of Rothes, with the whole furnishing, 
munition, and rent belonging thereto ; the captain making 
an account of the jewels and other goods which he received 
with the house ; as also restoring all the goods of the 
people of Edinburgh that were put in his custody, which 
he was content to do, he being freely discharged of all, 
and secured by act of parUament. 

5. That the castle of Blackness should be put in the keeping 
of some one of their side, and the rents appertaining thereto 
assigned for the entertainment of a garrison witliin the same. 

6. In respect of the great debt he had contracted in these 
wars, he craved the sum of twenty thousand marks to be 
given him for satisfying his creditors. 

7. That the earl of Morton should resign the superiority of 
the lands of Grange and other lands annexed thereto, to 
be holden of the crown in all time coming. 



A. D. 1572.] CHURCH OF SCOTLAND. 179 

And lastly, that the lords within the castle might be licensed 
to go into the kingdom of France, or any other coimtry they 
pleased forth of Scotland ; and that the earl of Rothes 
should be surety for the accompUshment of the whole pre- 
mises. 

These articles being presented to the regent and council, 
were for the first three judged reasonable : but to commit 
any places of strength to others than those who had constantly 
adhered to the king, they esteemed it not safe ; and to give 
him any recompense that was known to be the author of all 
the last troubles, they said it would be a matter of ill en- 
sample. For the license craved to those of the castle to go 
out of the country, they held the petition very suspicious, 
and could not think there was a sound meaning in them that 
had moved the same : yet was it not thought meet to answer 
him by a simple denial at that time, but rather to keep him 
in hope, and appoint a new diet for pursuing the treaty be- 
gun. Thus by consent the abstinence was prorogued, and 
the last of October assigned for a new meeting at Perth. 

The delay grieved the regent exceedingly, and (as it was 
supposed) partly for this, and partly for the crossings he 
found in the pubUc affairs, he contracted a sickness, whereof 
he died at Stirling the eighth of October, The adversary 
faction, flattering themselves in their own conceits, made the 
like construction of his death which they had made of the 
other regents that preceded, saying, " That it was an evident 
sign of God's displeasure with the present courses, and that 
none of those who joined in the enterprise against the queen 
could prosper better." But to measure God's love or hatred 
by these outward accidents is folly, seeing they fall out alike 
to all, both good and wicked : and for this nobleman, howso- 
ever he was taken away to the country untimely, he died 
happily for himself, and well reported of all. Before his 
dying, he commended the care of the king's person in most 
earnest manner to his lady, and to Alexander Erskine his 
brother, appointing him keeper of the castle till his son should 
be grown up and be of a perfect age ; and giving most wise 
directions both for the one and the other, ended his days in 
great quietness and in the assurance of that better life. 

In the next month, John Knox, who had returned a little 



180 THE HISTORY OF THE [a. D. 1572. 

before to Edinburgh, departed tliis life. The reader will 
pardon me if here I make a little digression, to show what a 
man this was both in his life and death ; the rather because 
some malicious and wicked spirits have studied by many 
forged hes to deprave his fame, only out of hatred of true 
religion, whereof he was a zealous promover. He was born 
in Gifford within Lothian, of a mean, but honest, parentage, 
and being put to school, made such profit in his studies under 
that famous doctor, Mr John Major, as he was held worthy 
to enter into orders before the years allowed. By reading 
the ancients, especially the works of St Austin, he was 
brought to the knowledge of the truth, and for the profession 
thereof endured many troubles, as well in the cardinal's life 
as after his death. Having happily escaped these dangers, 
he went mto England, and became a preacher of the gospel, 
making his chief abode in the towns of Berwick and New- 
castle. In the beginning of Queen Mary's persecution he 
fled in the company of some other ministers to Geneva, and 
served with them in an English congregation, which was 
there gathered, until the year 1559 ; at which time he was 
called home by the noblemen that enterprised the Reforma- 
tion, and, how soon the Church got liberty, placed minister 
at Edinburgh : in this charge he continued to his last, for 
the civil troubles which forced him to leave the town ceased 
no sooner than he returned to the place. But his body 
grown infirm, and his voice so weak as people could not hear 
him, teaching in the ordinary place, he made choice of an- 
other more commodious within the town, reading to his audi- 
tory the history of the Passion, in which he said it was his 
desire to finish and close his ministry. Thus he continued 
preaching, though with much weakness, two months and 
more after his return ; and knowing that he was not to remain 
a long time with them, he was instant with the council of the 
town to provide themselves of a worthy parson to succeed in 
his place. Mr James Lawson, who at that time professed 
philosophy in the college of Aberdeen, being commended for 
a good preacher, commissioners were directed from the 
superintendent of Lothian, the church of Edinburgh, and 
Mr John Knox himself, to desire him to accept the charge. 
To the letter that the commissioners carried, after he had 
set his hand, he added this postscript, — Accelera, mi /rater, 



A. D. 1572.] CHURCH OF SCOTLAND. 181 

alioqui sero venies, — " make haste, brother, otherwise you 
come too late ; " meaning that if he made any stay, he should 
find him dead and gone. These last words moved Mr Lawson 
to take journey the more quickly. When he was come to the 
town, and had preached once or twice to the good liking of 
the people, order was taken by the superintendent for his 
admission, and the diet appointed, at which John Knox him- 
self would be present and teach, though he could scarce walk 
on foot to the chair. At no time was he heard to speak with 
greater power and more content to the hearers ; and in the 
end of his sermon, calling God to witness that he had walked 
in a good conscience amongst them, not seeking to please 
men, nor serving either his own or other men's affections, but 
in all sincerity and truth preached the gospel of Christ, with 
most grave and pithy words he exhorted them to stand fast 
in the faith they had received ; and having conceived a 
zealous prayer for the continuance of God's blessings upon 
them, and the multiplying of his spirit upon the preacher 
who was then to be admitted, he gave them his last farewell. 
The people did convey him to his lodging, and could not be 
drawn from it, so loath they wore to part with him ; and he, 
the same day in the afternoon, by sickness was forced to 
take bed. 

During the time he lay (which was not long) he was 
much visited by all sorts of persons, to whom he spake 
most comfortably. Amongst others to the Earl of Morton, 
that came to see him, he was heard say, " My Lord, 
God hath given you many blessings, he hath given you 
wisdom, riches, many good and great friends, and is now 
to prefer you to the government of the realm. In his name 
I charge you that you use these blessings aright, and better 
in time to come nor ye have done in times past. In all your 
actions seek first the glory of God, the furtherance of his 
gospel, the maintenance of his Church and ministry ; and 
next be careful of the king, to procure his good and the wel- 
fare of the realm. If ye shall do this, God will be with you 
and honour you ; if otherwise ye do it not, he shall deprive 
you of all these benefits, and your end shall be shame and 
ignominy." These speeches the earl nine years after, at the 
time of his execution, called to mind, saying, that " he had 
found them to be true, and him therein a prophet." 



182 THE HISTORY OF THE [a. D. 1572. 

His LAST Speech to the Ministers. 

A day or two before his death he sent for Mr David 
Lindsay, Mr James Lawson, and the elders and deacons of 
the church, to whom he said, " the time is approaching for 
which I have long thirsted, wherein I shall be relieved of all 
cares, and be with my Saviour Christ for ever. And now 
God is my witness, whom I have served Avith my spirit in 
the gospel of his Son, that I have taught nothing but 
the true and solid doctrine of the gospel, and that the 
end I proponed in all my preaching was, to instruct the 
ignorant, to confirm the weak, to comfort the consciences 
of those who were humbled under the sense of their sins, 
and bear down with the threatenings of God's judgments 
such as were proud and rebellious. I am not ignorant that 
many have blamed, and yet do blame, my too great rigour 
and severity ; but God knows that in my heart I never 
hated the persons of those against whom I thundered God's 
judgments; I did only hate their sins, and laboured at my 
power to gain them to Christ. That I forbear none of what- 
soever condition, I did it out of the fear of my God, who had 
placed me in the function of his ministry, and I knew would 
bring me to an account. Now, brethren, for yourselves I 
have no more to say, but to warn you that you take heed to 
the flock over whom God hath placed you overseers, and 
whom he hath redeemed by the blood of his only begotten 
Son. And you, Mr Lawson, fight a good fight, do the work 
of the Lord with courage and with a willing mind ; and God 
from above bless you, and the church whereof you have the 
charge. Against it, so long as it continueth in the doctrine 
of truth, the gates of hell shall not prevail," 

This spoken, and the elders and deacons dimitted, he called 
the two preachers unto him, and said, " there is one thing 
that grieveth me exceedingly ; you have sometime seen the 
courage and constancy of the laird of Grange in God's cause, 
and now, unhappy man, he hath cast himself away. I will 
pray you two, take the pains to go unto him, and say from 
me, that unless he forsake that wicked course wherein he is 
entered, neither shall that rock in which he confideth defend 
him, nor the carnal wisdom of that man whom he coimteth 
half a god (this was young Lethington) make him help, but 
shamefully he shall be pulled out of that nest, and his carcass 



A. D. 1572.] CHURCH OF SCOTLAND. 183 

hang before the sun. The soul of that man is dear unto me, 
and, if it be possible, I would fain have him to be saved." 
They went as he had desired, and conferred a long space 
with Grange, but with no persuasion could he be diverted 
from his course ; which being reported he took most heavily. 
The next day he gave orders for making his coffin, wherein 
his body should be laid, and was that day (as through all the 
time of his sickness) much in prayer, ever crying, " Come, 
Lord Jesu; sweet Jesus, into thy hands I commend my 
spirit." Being asked by those that attended him if his pains 
were great, he answered, " that he did not esteem that a pain 
which would be to him the end of all trouble, and beginning 
of eternal joys." Oftentimes, after some deep meditations, 
he burst forth in these words ; " O serve the Lord in fear, 
and death shall not be terrible unto you. Blessed is the 
death of those that have part in the death of Jesus." The 
evening which was to him the last of this wretched Hfe, 
having slept some hours together, but with great unquiet- 
ness (for he was heard to send forth many sighs and groans), 
Robert Campbell, Kinyeancleugh, and John Johnston (called 
of Elphingston), which two gave diligent attendance upon him, 
asked after he awaked how he did find himself, and what it 
was that made him in his sleep mourn so heavily : to whom 
he answered, " in my life I have often been assaulted by 
Satan, and many times he hath cast in my teeth my sins, to 
bring me into despair, yet God gave me to overcome all his 
temptations ; and now that subtle serpent, who never ceaseth 
to tempt, hath taken another course, and seeks to persuade 
me that my labours in the ministry, and the fidelity I have 
showed in that service, hath merited heaven and immortahty. 
But blessed be God who brought to my mind these scrip- 
tures, ' What hast thou, that thou hast not received V and, 
' Not I, but the grace of God in me.' With which he is gone 
away ashamed, and shall no more return ; and now I am 
sure my battle is at an end, and that without pain of body or 
trouble of spirit I shall shortly change this mortal and miser- 
able life, with that happy and immortal life which shall never 
have end." The prayers which ordinarily were read in 
the house being ended, it was inquired if he heard them, he 
answered, " would to God you had heard them with such an 
ear and heart as I have done ;" adding, " Lord Jesu, receive 
my spirit." After which words, without any motion of hands 



184 THE HISTORY OF THE [a. D. 1572. 

or feet, as one falling asleep rather than dying, he ended his 
life. He was certainly a man endued with rare gifts, and a 
chief instrument that God used for the work of those times. 
Many good men have disliked some of his opinions, as touch- 
ing the authority of princes, and the form of government 
which he laboured to have established in the Church : yet 
was he far from those dotages wherein some that would have 
been thought his followers did afterwards fall; for never 
was any man more observant of church authority than he, 
always urging the obedience of ministers to their superin- 
tendents, for which he caused divers acts to be made in the 
Assemblies of the Church, and showed himself severe to the 
transgressors. In these things howsoever it may be he was 
miscarried, we must remember that the best men have their 
errors, and never esteem of any man above that which is 
fitting. As to the history of the Church ascribed commonly 
to him, the same was not his work, but his name supposed to 
gain it credit : for, besides the scurrile discourses we find in 
it, more fitting a comedian on a stage than a divine or mini- 
ster, such as Mr Knox was, and the spiteful malice that 
author expresseth against the queen regent, speaking of one 
of our martyrs, he remitteth the reader to a farther declai'a- 
tion of his sufferings to the Acts and Monuments of Martyrs 
set forth by Mr Fox, an Englishman, which came not to 
light some ten or twelve years after Mr Knox his death. A 
greater injury could not be done to the fame of that worthy 
man, than to father upon him the ridiculous toys and mali- 
cious detractions contained in that book. But this shall serve 
for his clearing in that particular. He died the twenty- 
seventh of November, in the sixty-seventh year of his age, 
and had his body interred in the churchyard of St Giles. 

In the end of this month the Estates convening to elect a 
regent, made choice of the earl of Morton, as the man in 
that time of greatest courage and counsel. The oath accus- 
tomed being ministered unto him, because through the last 
regent's death the meeting appointed at Perth had failed, 
first, a conclusion was taken for calling a parliament at Edin- 
burgh, the twenty- sixth of January ; next the custody of the 
king and castle of Stirling was confirmed to Alexander 
Erskine, the earl of Mar being then under age, and he en- 
joined to receive none within the house that was known to be 
popishly affected, or of the queen's faction ; for others, it wa& 



A. D. 1572.] CHURCH OF SCOTLAND. 185 

ordained, that an earl accompanied with two servants only, a 
baron with one, and private persons them alone (but all un- 
armed) should have access permitted, when their occasions 
required. To the regent himself it was enjoined : " That if 
any place or office should fall void, he should prefer none 
thereto but such as was sound in religion, and for other 
qualities apt and worthy. That during liis regency he should 
grant no respites nor remissions for heinous crimes. That he 
should not transport the king forth of the castle of Stirling, 
without the advice of the council. That he should grant no 
favour to the murderers of the king's father and regents. 
That he should neither enter into league with foreigners nor 
denounce war 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 king's 
enemies, and to join with him in the reformation of what- 
soever abuses crept in by occasion of the late troubles, with- 
out offending at the execution of justice upon their nearest 
and dearest friends. Order was also taken for the entertain- 
ing of the king's house, the settling of a resident council, 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 KiUigrew, ambassador 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 
exphing. Herein he prevailed so far with the duke and 
Huntly, 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 
council, 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 levy some companies of soldiers to enclose 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 



186 THE HISTORY OF THE [a. D. 1572. 

wall command all the queen's subjects to depart forth of the 
town within the space of twenty-four hours. 

The time expired, he made the cannon thunder upon the 
town, to the great terror of the inhabitants ; yet there was 
no great hurt done that way, which when he perceived, he 
hired one of his soldiers to set fire in the night-time to some 
houses under the wall, which destroyed a number of tene- 
ments ; for a strong western wind blowing in the time, the 
fire did so rage, as from St Magdalen's Chapel westward all 
was consumed, none daring to put hand to quench the fire, 
because of the cannon that played still on the part where 
they saw any concourse of people. This made him extremely 
hated, and even they that otherwise wished him well were 
greatly ofi"ended with this doing. 

The parliament not the less kept, and therein divers acts 
were made, partly for maintaining the king's authority, partly 
for preservation of true rehgion ; which causes were held in 
those days so conjoined, as the enemies of the one were hke- 
wise esteemed enemies to the other. Therefore was it then 
enacted, " That none should bo reputed loyal and faithful 
subjects to the king or his authority, but be punished as 
rebels, who made not profession of the true religion. And 
that all such as made profession thereof, and yet withstood 
the king's authority, should be admonished by their teachers 
to acknowledge their ofPence, and return to his majesty's 
obedience ; and if they refused, that they should be excom- 
municated, and cut off from the society of the Church, as 
putrid and corrupted members." 

The parliament breaking up, the regent by advice of the 
council directed to the meeting at Perth, the earl of Argyle, 
then created chancellor, the earl of Montrose, the abbot of 
Dunfermline secretary, the Lords Ruthven, Boyd, and Sir 
John Bellenden, justice-clerk. There met with them the 
earl of Huntly, and Lord John Hamilton, commendator of 
Aberbrothock, authorized by the rest that maintained the 
queen's authority. The English ambassador assisting them, 
after some days' conference they were brought to agree upon 
these articles. 

1. That all persons comprehended in the present pacifica- 
tion should acknowledge and profess the true religion esta- 



A. D. 1572.] CHURCH or SCOTLAND. 187 

blislied and professed within the realm, and maintain the 
preachers and professors thereof against all opposers, specially 
against the confederates of the Council of Trent. 

2. That the earl of Huntly and Lord John 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 successors in the same, acknowledging them- 
selves the king's subjects by their oaths and subscriptions. 

3. That they should confess all things done by them, under 
colour of any other authority, since the time of his majesty's 
coronation, to have been unlawful, and of no force nor eiFect. 

4. That an act of parliament should be made with all their 
consents, ordaining that none of the subjects should assist, 
fortify, supply, or show any favour, directly nor indirectly, to 
those who should happen to practise against the religion 
presently professed, the king's 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 highness' obedience, who 
had been dispossessed during the late troubles, should be 
reponed to their houses, lands, livings, benefices, and what- 
soever goods belonging to them, if so the same were extant 
in the hands of the intromitters ; horses and armour only 
excepted. 

6. That the master of Forbes, James Glen of Barre, and 
all other persons should be sot at liberty ; as likewise the 
bonds given by the Lord Sempill and others for entry of 
prisoners, or for payment of any ransoms, be discharged. 

7. That the earl of Huntly and Lord John Hamilton 
should dimit, and cause all soldiers 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 Huntly, 
Lord John Hamilton, and Lord Claud his brother, Wilham, 
bishop of Aberdeen, Alexander, bishop of Galloway, Adam 
Gordon of Auchindown, and the rest of their friendship, for 
any crimes or offences done in the common cause against the 
king and his authority since the fifteenth of June 1567, or 



188 THE HISTORY OF THE [a. D. 1572. 

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 king's obedience, and for any crime committed in the 
said common cause, since the time foresaid, had been dispos- 
sessed of their lands, heritages, benefices, pensions, heritable 
offices and other profits whatsoever, whether the same had 
proceeded upon sentences of forfeiture or barratry, or any 
other way, should be effectually restored, and rehabiliated to 
their bloods and honours ; to the end they might enjoy the 
same as freely as if tlie said troubles had never happened. 

10. That all actions, crimes, and transgressions, committed 
by them and their followers since the fifteenth of June 1567 
(incest, witchcraft, and theft excepted), should be freely re- 
mitted, so as the same did not extend to the murder of the 
first and second regents, which are matters of such import- 
ance as the regent now in place would not meddle with. And 
yet in respect of the present pacification, if the same should 
be moved to the queen of England by the committers thereof, 
whatsoever she should advise to be done therein should be 
confirmed in parliament, and the remission under the hand of 
the clerk of the rolls be as sufiicient as if the same were 
passed the great seal. And if any of them should crave a 
pardon for other crimes committed before the said fifteenth 
day, the same (upon notice given of the persons and crimes) 
should be granted; the murder of the king's father, fire- 
raising, theft, and the reset of theft, with incest and witch- 
craft, being excepted. 

11. That all civil decrees given since the said fifteenth of 
June, wherewith the said persons or any of them do find 
themselves grieved, should be reviewed by the ordinary 
judges that pronounced the same, and the parties upon their 
supplications be heard to propone any lawful defence, which 
they might have used in the time of the deduction of the 
process ; providing the supplications be presented and their 
petitions exhibited within six months after the date of these 
articles. 

12. That all persons comprehended in the pacification, 



A. D. 1572.] CHURCH OF SCOTLAND. 189 

after publication thereof, should indifferently be received 
in all parts of the realm as his majesty's good subjects ; and 
that nothing done or that hath occurred during the troubles 
should be esteemed a cause of deadly feud and enmity, nor 
admitted as an exception either against judge, party, or 
witnesses. 

13. That the heirs and successors of persons forfeited, and 
now departed this life, who are comprehended in this pacifi- 
cation, should be restored to their lands and possessions : and 
that it should be lawful for them to enter thereto by breves, 
as if their fathers and predecessors had never been forfeited, 
and had died at the king's peace ; specially the heirs of John, 
sometime archbishop of St Andrews, Gavin, commendator 
of Kilwinning, Andrew Hamilton of Cocknow, and Captain 
James Cullen. 

Unto these articles some other particulars were added, 
which were all confirmed by the oaths and subscriptions of 
the commissioners and noblemen in presence of the Enghsh 
ambassador, and a time given to Grange and those of the 
castle to accept or refuse the benefit of the peace. But that 
none excepted in the former abstinence, nor any at that time 
forth of the realm should think themselves comprehended 
therein, it was declared, that the benefit of the present pacifi- 
cation should not be extended to them. This was done to 
exclude the archbishop of Glasgow and bishop of Ross, am- 
bassadors for the Scottish queen, the one in France, and the 
other in England, against whom the sentence of barratry had 
been pronounced. 

About this time Sir James Kirkcaldy, brother to Grange, 
who had been directed to France for supply of those within 
the castle, returned, bringing with him a year's rent of the 
Scottish queen's dowry ; but finding the house enclosed, and 
that there was no safe access thereto, he went to Blackness, 
which then professed to hold for the queen. The captain 
had betrayed the same, as we showed before, to the Hamil- 
tons ; and now turning his coat to make his peace with the 
regent, he offered to put in his hand both the man and the 
money. The bargain made, the money was given to the 
regent, and Kirkcaldy detained as prisoner. A few days 
after, the captain going abroad to do some business, Kirk- 
caldy enticeth the soldiers by great promises to join with him, 



190 THE HISTORY OF THE [a. D. 1572. 

and lay hands upon the captain's brother and a few gentlemen 
left to attend him, which they, following their captain's en- 
sample, were easily induced to do. Thus the house was pos- 
sessed in Kirkcaldy's name, and he of a prisoner turned to 
be chief commander. But he did not long enjoy this place^ 
for his wife being come thither to visit him, when she was 
the next morrow to depart, desired the convoy of some 
soldiers for a mile or two, fearing, as she pretended, to be 
robbed by Captain Lambie, who lay with a company at 
Linlithgow not far from thence ; and as he, to save her, 
went forth himself to bring her on a part of the way, sus- 
pecting no treachery, he was in his return intercepted by 
Lambie, and carried first to Linlithgow, then to Dalkeith, 
where he was kept some days, and afterwards dimitted. In 
this sort did fortune sport herself with that gentleman, 
changing his condition up and down three several times 
within the space of a few days. 

Peace now made with the chief noblemen of the queen's 
faction, it was supposed that Grange and his partakers would 
likewise be moved to embrace it. Whereupon the ambas- 
sador, taking with him the subscribed articles, went to the 
castle, and, showing how things had passed, used many per- 
suasions to make them content to be comprehended therein. 
But they would not, affirming the conditions to be shameful, 
and so far to the prejudice of their queen, as, till they were 
allowed by herself and by the French king, they should 
never admit them. After the ambassador had ceased to 
treat with them, the earl of Rothes and Lord Boyd travailed 
to the same effect, representing the danger and inevitable 
ruin they should fall into if they did not yield in time. But 
they scorned these threats, thinking the strength they word 
in impregnable, and looking still for some succours from 
France and the duke of Alva ; or if that should fail, they 
made no doubt to obtain their peace at easier conditions than 
the noblemen had accepted. 

The regent offended with their obstinacy, discharged all 
farther dealing with them, and sent to the queen of England 
for a supply of men and munition ; which was granted, and 
Sir William Drury, marshal of Berwick, commanded to join 
with him in besieging the castle. How soon the regent 
understood that the direction was given to the marshal, the 



A. D. 1572,] CHURCH OF SCOTLAND. 191 

Lord Ruthven was sent to confer with him of the order that 
should be kept in the service. They meeting at the church of 
Lamberton in Merse, for preventing all debates that might 
arise, did agree as followeth : 

1. That neither the regent nor the general should, without 
the advice and consent of the other, transact or make any 
composition with the besieged. 

2. That if it happen the house to be taken by assault, the 
munition, plate, jewels, and household stuff, pertaining to 
the king, with the registers and public records of the 
kingdom there reserved, should be all delivered to the 
regent within three days after the house was recovered, 
and the rest of the spoil distributed amongst the soldiers. 

3. That, so far as might be, the persons within the castle 
should be reserved to the trial of law, wherein the regent 
should proceed by the advice of the queen of England. 

4. That the regent should provide the English forces with 
victuals and all other things necessary during the siege, 
as likewise assist them with a convenient power of horse 
and foot. 

5. That recompense should be given, at the general's sight, 
to the wives and nearest friends of the English soldiers 
who should happen to be killed. 

6. That if any of the ordnance should break or be otherwise 
spoiled, the same should be changed with other pieces of 
the hke quantity within the castle. 

7. That the English general should not fortify within the 
ground of Scotland without the regent's advice, and the 
service finished should immediately retire his forces. 

8. And lastly, that for the safe return of the soldiers and 
munition, (the loss which fortune of war should make 
being excepted,) hostages of noblemen's sons should be 
delivered to the English, and entertained in the parts most 
adjacent to Scotland. 

These conditions made, and the masters of Ruthven and 
Sempill, John Cunningham son to the earl of Glencarne, 
and Douglas of Kilspindie, being entered in Berwick as 
pledges, Su* William Drury marched with his forces into 
Scotland, and came to Edinbui'gh the twenty -fifth of April. 



192 THE HISTORY OF THE [a. D. 1573. 

The regent giving out a proclamation (wherein was showed 
the care that the queen of England had taken for the peace 
of the realm in times past, and the liberal succours she had 
granted at the present for the expugnation of the castle, 
treasonably detained and fortified by the laird of Grange) 
did require and charge all good subjects to carry themselves 
as became them towards the English general and his com- 
pany, and not to injure them either by word or deed, except 
they would be esteemed enemies to the peace, and partakers 
with the traitors in their rebellious attempts. 

The next day the castle was summoned, and offer made of 
their lives if they should yield before the planting of the can- 
non ; but the captain, instead of answer, set up on the top of 
the highest tower his ensign for a token of defiance. Then the 
pioneers were put to work, and begun to cast trenches, and 
raise mounts for planting the artillery. The besieged made 
all the hinderance they could, playing with their ordnance 
upon the workmen, and killing divers ere the mounts were 
brought to perfection. How soon they were erected, (being 
five in all, and entitled by the names of their several com- 
manders,) the artillery was planted, thirty-one pieces in 
number, more and less. All things prepared, and the par- 
liament finished, which the regent had called to the last of 
April for ratifying the articles of pacification, the battery 
began the seventeenth of May. On the twenty-fifth the 
castle was made assaultable, the cannon having made great 
breaches in the fore and back walls ; and the tower called 
David's Tower being also demoHshed. The twenty-sixth, early 
in the morning, the assault was given in two places. At the 
west part, where the ascent was most difficult, the assailers 
were repulsed after an obstinate fight that continued three 
hours, and twenty -four persons killed. On the east "side the 
Blockhouse called the Spur was taken with less resistance, 
which put the defendants in fear, and made them demand a 
parley. This granted, a truce was taken for the space of 
two days, in which time the English general used many per- 
suasions to the captain to make him render the house : 
neither was he then unwilUng, so as the lives and honours of 
these within might be saved ; but the regent would give no 
condition, and have him simply to yield. The captain 
seeing nothing but extremity, resolved to stand to his utmost 



A. D. 1573.] CHURCH OF SCOTLAND. 193 

defence : yet •when he came back to the house, he found 
them all within divided, and the greater part so discouraged 
as they refused to undergo the hazard of a second assault. 
This forced him to other counsels, and so following Lething- 
ton's advice, upon the twenty-ninth of May being let down 
by a rope over the wall, he and Pittadrow, his constable, 
did yield themselves and the house to the Enghsh general 
in the name of his queen, whose discretion (misknowing the 
regent) they were wiUing to abide. The general made 
them to be attended to his lodging, whither all that were of 
any note in the castle were brought. Thereafter they were 
committed to several places, most of them transported to 
Leith, and some detained in Edinburgh, till the queen of 
England should signify her will concerning them. The 
ladies and gentlewomen were licensed to depart, as likewise 
the private soldiers, and others of meaner sort. 

It was thought that the queen, in regard of the render made 
to her lieutenant, would take a favourable course with them, 
and save their lives ; but she gave direction to put them all 
in the regent's hands to be used as he thought meet : which 
when Lethington heard, either despairing of life, or not 
willing to enjoy it by the mercy of an enemy, he died at 
Leith so suddenly, as he was thought to have made himself 
away by poison. A man he was of deep wit, great ex- 
perience, and one whose counsels were held in that time for 
oracles ; but variable and inconstant, turning and changing 
from one faction to another, as he thought it to make for his 
standing. This did greatly diminish his reputation, and 
failed him at last ; which should warn all counsellors to 
direct theu' courses by the lines of piety and true wisdom, 
without which the most poHtic prudence will prove nothing 
but folly in the end. His brother, Mr John Maitland, who 
came afterwards to great honours, had his life spared, and 
was imprisoned in Tantallan. George Crichton, bishop of 
Dunkeld, was sent to Blackness, and the Lord Home de- 
tained in the castle, which the regent gave to his brother, 
George Douglas, in custody. Grange himself, with his 
brother Sir James Kirkcaldy, and two goldsmiths, James 
Mosman and James Cockey, were publicly hanged in the 
market street of Edinburgh. Such was the end of Sir 
WilHam Kirkcaldy of Grange, a man full of valour and 
VOL. n. 13 



194 THE HISTORY OF THE [a. D. 1573. 

courage, who had sometime done good service to his country 
against the French, and purchased by that means great 
honour ; but seeking ambitiously to raise his fortunes, and 
hearkening to perverse counsel, he broke his faith to the 
regent, who had put him in trust, and thereby lost all his 
former esteem, and drew upon himself these troubles wherein 
he perished. His part was foul in the death of the cardinal, 
and for it, when he was in his best estate, many did foredeem 
that he should not escape some misfortune. Yet herein he 
was happy, that at his death he expressed a great sorrow 
for his sins, and departed this hfe with a constant and com- 
fortable assurance of mercy at the hands of God. 

By this defeat of the Castilians (so they were commonly 
named) the queen's faction fell quite asunder, nor did it ever 
after this time make head. The bishop of Ross (who had 
followed her business as ambassador in England) being at 
the same time put to liberty, and commanded to depart forth 
of the kingdom, went privately to France ; for he feared 
the earl of Southampton, and Lord Henry Howard, brother 
to the duke of Norfolk, whom he had touched in his ex- 
amination. When he came to France, to mitigate the anger 
they had conceived, he pubhshed an apology for the de- 
positions he had made, and whilst he lived ceased not to do 
the duty of a faithful subject and servant to the queen, 
soHciting both the emperor and pope, the French king and 
other cathoHc princes in her behalf ; who gave many good 
words, but performed nothing. So little are the promises 
of strangers to be trusted, and so uncertain their help to 
princes that are once fallen from their estates. At home 
the regent applying himself to reform the disorders caused 
by the late war, began with the borderers, who had broken 
out into all sorts of riot, and committed many insolences 
both on the Scottish and Enghsh side. Thither he went 
himself in person, where meeting with the English wardens he 
took order for redress of bypast wrongs ; and, to secure the 
peace of the country, caused all the clans deliver pledges for 
the keeping of good order, and made choice of the fittest and 
most active persons to rule and oversee those parts. Sir James 
Homeof Cowdenknows was made guardianof the east marches, 
the Lord Maxwell of the west, and Sir John Carmichael of 
the middle ; who, by the diligence and strict justice they 



A. D. 1573.] CHURCH OF SCOTLAND. 195 

observed in punishing resetters and entertainers of thieves, 
reduced the country to such quietness as none was heard to 
complain either of theft or robbery. 

The next care he took was to order the revenues of the 
crown, and recover such lands as had been alienated from it, 
or in any sort usurped ; the jewels impignorated by the 
queen he relieved by payment of the moneys for which they 
were engaged. He caused repair all the king's houses, 
especially the castle of Edinburgh, and furnished the same 
with munition and other necessaries ; and by these doings 
did purchase to himself both love and reverence, with the 
opinion of a most wise and prudent governor. 

Yet was it not long before he lost all his good opinion by 
the courses he took to enrich himself. Breaking first upon 
the Church, he subtly drew out of their hands the thirds 
of benefices, offering more sure and ready payment to the 
ministers than was made by their collectors, and promising to 
make the stipend of every minister local, and payable in the 
parish where he served. To induce them the more wilUngly 
unto this, promise was made, that if they should find them- 
selves in any sort hurt or prejudged, they should be reponed 
to their right and possession whensoever they did require the 
same. 

But no sooner was he possessed of the thirds, than the 
course he took for providing ministers was, to appoint two, 
three, and four churches in some places to one minister (who 
was tied to preach in them by turns), and to place in every 
parish a reader, that in the minister's absence might read 
prayers, who had allowed him a poor stipend of twenty or 
forty pounds Scots. As to the ministers, they were put 
in a much worse case for their stipends than before : for 
when the superintendents did assign the same, the ministers 
could come boldly unto them, and make their poor estate 
known, and were sure to receive some comfort and relief at 
their hands ; but now they were forced to give attendance 
at court, begging their assignations and precepts for pay- 
ment, or, as their necessities grew, seeking augmentation, 
which seldom they obtained; or if any petty thing was 
granted, the same was dearly bought with the loss both of 
their time and means. The superintendents were no better 
used, the means allowed to them for their service being with- 



196 THE HISTORY OF THE [a. D. 1574. 

holden ; and when they complained, they were answered, 
that their office was no more necessary, bishops being placed 
in the dioceses, and the ecclesiastical jurisdiction belonging 
to them. 

These things lost him the Church, which then growing 
sensible of their oversight in denuding themselves of the 
thirds, craved to be reponed according to promise. But 
herein divers shifts were made ; and after sundry delays, it 
was directly told them, that seeing the surplus of the thirds 
belonged to the king, it was fitter the regent and council 
should modify the stipends of ministers, than that the Church 
should have the appointment or designation of a surplus. 
They, not able to help themselves, did, in the next Assembly, 
take order that the ministers, who were appointed to serve 
more churches than one, should take the charge of that only 
at which they resided, helping the rest as they might, with- 
out neglect of their own charge. And because the placing of 
bishops was taken for a pretext to withhold the superinten- 
dents' means, the bishops were inhibited to ex;ecute any part of 
the ecclesiastical jurisdiction within the bounds where the 
superintendents served, Avithout their consent and approba- 
tion. This crossing of one another's proceedings did set the 
Church and regent so far asunder, that, whilst he continued 
in office, there was no sound liking amongst them. 

The discontents of the country were so great by the 
Justice Aires (as they called them), that went through the 
country and were exerced with much rigour, people of all 
sorts being forced to compone and redeem themselves from 
trouble by payment of moneys imposed. The merchants, 
called in question for the transport of coin, were fined in 
great sums, and warded in the castle of Blackness, till they 
gave satisfaction. Nor left he any means unassayed that 
served to bring in moneys to his coffers, which drew upon 
him a great deal of hatred and envy. 

I find at this time a motion made for compiling a body of 
our law, and making a collection of such ancient statutes as 
were meet to be retained in practice ; which were ordained 
to be supplied out of the civil law where was any necessity, 
to the end judges might know what to determine in every 
case, and the subjects be foreseen of the equity and issue they 
might expect of their controversies. This was entertained a 



A. D. 1574.] CHURCH OF SCOTLAND. 197 

while, and of good men much desired as a thing beneficial to 
the country, and like to have cut off the occasion of many 
pleas. But it sorted to no effect, by the subtle dealing of 
those that made their gain of the corruption of law. 

It happened John Ormiston (commonly called Black 
Ormiston, because of his iron colour) to be apprehended and 
brought to trial at the same time for the murder of the king's 
father. This man was thought to be privy unto all Both- 
well's doings, and a more particular discovery expected by 
him of the form and manner of that murder. Yet at his 
execution he did only confess that Bothwell had communi- 
cated the purpose to him, and showed him the subscriptions 
of the earls of Argyle, Huntly, Secretary Lethington, and 
Sir James Balfour, testifying their consents to that wicked 
fact. Not the less the regent, to the offence of many, did 
suffer the said Balfour to enjoy the benefit of the pacification, 
and passed an act thereof in open council. Whether the 
subscriptions of Argyle and Huntly were counterfeit or not, 
it was uncertain ; but of the other two it was easily behoved, 
as being men universally hated. Argyle died in September 
following, in whose place the Lord Glammis was created 
chancellor. 

In the same month, Adam Heriot, minister at Aberdeen, 
departed this life, a man worthy to be remembered. He 
was sometime a friar of the order of St Austin, and lived in 
the abbey of St Andrews, an eloquent preacher, and well 
seen in scholastic divinity. The queen regent coming on a 
time to the city, and hearing him preach, was taken with 
such an opinion of his learning and integrity, that in a 
reasoning with some noblemen upon the article of real pre- 
sence, she made offer to stand to Heriot's determination. 
Warning of this being given, and he required to deliver his 
mind upon that subject in a sermon which the queen intended 
to hear, he did so prevaricate, as all that were present did 
offend and depart unsatisfied. Being sharply rebuked for 
this by some that loved him, he fell in a great trouble of 
mind, and found no rest till he did openly renounce popery, 
and join himself to those of the congregation. Afterwards, 
when order was taken for the distribution of ministers 
amongst the burghs, he was nominated for the city of 
Aberdeen (in which there lived divers addicted to the 



198 THE HISTORY OF THE [a. D. 1575. 

Roman profession), as one that was learned in scholastic 
divinity, and for his moderation apt to reclaim men from 
their errors. Neither did he fail the hope conceived of him, 
for by his diligence in teaching both in the schools and 
church he did gain all that people to the profession of the 
truth. Fourteen years he laboured among them, and in end 
was forced by sickness to quit his charge. He died of the 
apoplexy, the twenty-eighth of August, in the sixtieth year of 
his age, greatly beloved of the citizens for his humane and 
courteous conversation, and of the poorer sort much lamented, 
to whom he was in his life very beneficial. 

The next summer there fell out an accident which was like 
to have caused great trouble, and divided the two kingdoms. 
Sir John Forrester, warden of the English side, and Sir 
John Carmichael of the Scottish, meeting in the borders at a 
place called the Red Swyre, for redressing some wrongs that 
had been committed, it fell out that a bill (so they used to 
speak) was filed upon an Enghshman, for which Carmichael, 
according to the law of the borders, required him to be de- 
livered till satisfaction was made. Sir John Forrester, either 
wearied with the multitude of business, or desiring to shift 
the matter, answered, that enough was done that day, and at 
the next meeting the complainer should have satisfaction. 
Carmichael urging a present performance, they fell foul in 
words, which made the companies that attended draw to their 
weapons. A great tumult there was ; and at first the Scots, 
being inferior in number to the English, gave back. But as 
they were fleeing, they met with a company of Jedburgh men, 
who were come to attend the warden. This giving them 
new courage, they turned upon the English and made them 
flee. The chase held the space of two miles. Sir George 
Heron, warden of Tindale and Rhedesdale, with twenty -four 
EngUsh, was killed; the warden himself, Francis Russell, 
son to the earl of Bedford, Cuthbert CoUinwood, James 
Ogle, Henry Fenwick, and many others of good note, were 
taken prisoners. When the regent heard it, he was sore 
displeased, knowing the queen of England would be much 
offended ; whereupon he sent for the prisoners, and using 
them with all courtesy, excused what was done, and per- 
mitted them to return home. And the queen, indeed, at the 
first report was much incensed, and thereupon sent Mr 



A. D. 1575,] CHURCH OF SCOTLAND. 199 

Killigrew to the regent to require the dehvery of Car- 
michael, which divers of the council withstood. Yet such 
was the regent's care to please the queen, as he caused him 
enter into England, where he was a while detained. But 
the provocation being tried to have been made by the Eng- 
lish, the queen dimitted him honourably, and not without re- 
wards. At his return, the regent meeting the earl of Hunt- 
ington, the English commissioner, at Foulden, some two 
miles from Berwick, all things were peaceably composed. 

This year the duke of Chatelherault ended his life ; a 
nobleman well inclined, open, plain, and without all dissimu- 
lation and fraud, but too easily led by them he trusted, which 
bred him much trouble ; yet, by the goodness of God, who 
doth always favour the innocent and honest minded, he went 
through all, and died honourably and in peace. Not long 
after, his son, Lord John Hamilton, riding to Abei'brothock, 
accompanied only with his ordinary train (for he held himself 
secured by the pacification), was pursued by William Douglas 
of Lochleven, who did lie with a number in his way, of in- 
tention to kill him. As he was refreshing himself at Cupar, 
he was advertised of the danger, and presently resolved to 
single liimself from his company and flee to the castle of 
Leuchars, deeming (as also it fell out) that they would follow 
the greater company, which he directed to keep together, 
and take the south of the river of Eden. Neither had they 
passed far when they were invaded by a troop of horsemen, 
and forced to yield themselves. The nobleman beholding 
this from the other side of the river, and knowing how soon 
they found themselves deceived that they would make haste 
to overtake him, changed his first resolution, and fled to the 
house of Dairsie, where he was received. Lochleven belayed 
the house, and kept him enclosed all that night and the day 
following. But being charged by a herald of arms to dis- 
solve his forces, and hearing that the nobleman's friends were 
gathering for his release, he departed home. 

Being called before the council for his insolence, and 
charged with the breach of the pacification, he alleged the 
exception of the first regent's murder ; but that being found 
no warrant, and he refusing to give assm'ance for keeping 
peace, was committed to the castle of Edinburgh, where he 
remained till surety was given. 



200 THE HISTORY OF THE [a. D. 1575. 

In the Church this year began the innovations to break 
forth that to this day have kept it in a continual unquietness. 
Mr Andrew Melvill, who was lately come from Geneva, a 
man learned (chiefly in the tongues), but hot and eager upon 
any thing he went about, labouring with a burning desire to 
bring into this Church the presbyterial discipline of Geneva ; 
and having insinuated himself into the favour of divers 
preachers, he stirred up John Dury, one of the ministers of 
Edinburgh, in an Assembly which was then convened, to pro- 
pound a question touching the lawfulness of the episcopal 
function, and the authority of chapters in their election. He 
himself, as though he had not been acquainted with the mo- 
tion, after he had commended the speaker's zeal, and seconded 
the purpose with a long discourse of the flourishing estate of 
the church of Geneva, and the opinions of Calvin and Theo- 
dore Beza concerning church government, came to affirm, 
" That none ought to be esteemed office-bearers in the Church 
whose titles were not found in the book of God. And for 
the title of bishops, albeit the same was found in Scripture, 
yet was it not to be taken in the sense that the common sort 
did conceive, there being no superiority allowed by Christ 
amongst ministers ; He being the only Lord of his Church, 
and all the rest servants in the same degree, and having the 
like power." In end he said, " That the corruptions crept into 
the estate of bishops were so great, as unless the same were 
removed it could not go well with the Church, nor could re- 
hgion be long preserved in purity." 

This his discourse was applauded by many, and some 
brethren set apart to reason and confer upon the question 
proponed. For the one part, Mr David Lmdsay, Mr George 
Hay, and Mr John Row were nominated. These three 
sustained the lawfulness of episcopal function in the Church. 
For the other part, Mr James Lawson, Mr John Craig, and 
Mr Andrew Melvill, were choosed to impugn the same. 
After divers meetings and long disceptation amongst them- 
selves, they presented their opinions to the Assembly in writ- 
ing as followeth : — 

1. First that they did not hold it expedient to answer the 
questions proponed for the present ; but if any bishop was 



A. D. 1575.] CHURCH OF SCOTLAND. 201 

chosen that had not qualities required by the Word of 
God, he should be tried by the General Assembly. 

2. That they judged the name of a bishop to be common to 
all ministers that had the charge of a particular flock ; and 
that by the Word of God liis chief function consisted in the 
preaching of the word, the ministration of the sacraments, 
and exercise of ecclesiastical discipline, with consent of his 
elders. 

3. That from among the ministers some one might be chosen 
to oversee and visit such reasonable bounds, besides his 
own flock, as the General Assembly should appoint. 

4. That the minister so elected might in those bounds appoint 
preachers, with the advice of the ministers of that province, 
and the consent of the flock to which they should be ad- 
mitted. 

And fifthly, that he might suspend ministers from the exer- 
cise of their ofllce upon reasonable causes, with the consent 
of the ministers of the bounds. 

There were present in this Assembly the archbishop of 
Glasgow, the bishop of Dunkeld, Galloway, Brechin, Dun- 
blane, and Isles, with the superintendents of Lothian and 
Angus ; all of them interested in that business. Yet neither 
were they called to the conference, nor doth it appear by 
the register of those proceedings that they did so much as 
open their mouths in defence of their office and caUing. 
What respect soever it was that made them keep so quiet, 
whether, as I have heard, that they expected those motions 
should have been dashed by the regent, or otherwise that 
they affected the praise of humiUty, it was no wisdom in 
them to have given way to such novelties, and have suffered 
the lawfulness of their vocation to be thus drawn in question. 

In the next Assembly I find the same matter moved of new, 
and put to voices, but with a little change of the question, 
which was thus formed ; whether bishops as they were then 
in Scotland had their function warranted by the word of God. 
The Assembly, without giving a direct answer, after long 
reasoning, did for the greatest part (so the records bear), ap- 
prove the opinions presented in the last meeting, with this 
addition, that the bishops should take themselves to the 
service of some one church within their diocese, and conde- 



202 THE HISTORY OF THE [a. D. 1575. 

scend upon the particular flocks whereof they would accept 
the charge. 

The regent hearing how the Church had proceeded, and 
taking ill the deposition of Mr James Paton, bishop of Dun- 
keld, who was in the former Assembly deprived for dilapida- 
tion of his benefice, sent to require of them whether they 
would stand to the pohcy agreed unto at Leith ; and if not, 
to desire them to settle upon some form of government at 
which they would abide. The Assembly taking the advan- 
tage of this proposition answered, that they were to think of 
that business, and should with all diligence set down a con- 
stant form of church-policy, and present the same to be 
allowed by the council. To this effect they nominated Mr 
Andrew Melvill, Mr Andrew Hay, Mr David Cunningham, 
Mr George Hay, Mr Alexander Arbuthnot, Mr David 
Lindsay, and a number more. The archbishop of Glasgow J 
was named among the rest, but he, being urged to take the ' 
charge of a particular flock, excused himself, saying, " That 
he had entered to his office according to the order taken by 
the Church and Estates, and could do nothing contrary 
thereto, lest he should be thought to have transgressed his 
oath, and be challenged for altering a member of the Estate. 
Yet that it might appear how wilhng he was to bestow the 
gifts wherewith God had endued him to the good of the 
Church, he should teach ordinarily at Glasgow, when he 
had his residence in the city, and when he remained in the 
sheriffdom of Ayr, he should do the like in any church they 
would appoint ; but without astricting himself unto the same, 
and prejudging in any sort the jurisdiction he had received 
at his admission." This liis declaration made, he was no 
more troubled with that employment. 

Meanwhile the see of St Andrews falling void by the 
death of Mr John Douglas, the regent did recommend to the 
chapter his chaplain Mr Patrick Adamson for the place. The 
chapter continuing the election till the Assembly of the 
Church did convene, imparted to them the warrant they had 
received : and Mr Patrick being inquired (for he was present 
at the time), whether he would submit himself to trial, and 
receive the office with those injunctions the Church would 
prescribe, answered, that he was discharged by the regent to 
accept the office otherwise than was appointed by mutual 



I 



A. D. 1575.] CHURCH OF SCOTLAND. 203 

consent of the Church and Estate. Hereupon the chapter 
was inhibited to proceed. Not the less upon a new charge 
given them they convened and made choice of him ; which 
did so irritate the Church, as in the next meeting they gave 
commission to the superintendent of Lothian, Mr Robert 
Pont, Mr James Lawson, and David Ferguson, to call him 
before them, and prohibit him to exerce any part of his juris- 
diction, till he should be authorized thereto by the Assembly. 

A form of church policy was in the meantime drawn up 
and presented to the regent by Mr David Lindsay, Mr James 
Lawson, and Mr Robert Pont. In a short preface set before 
it, they protested, " to wish nothing more, than as God had 
made him a notable instrument in purging the realm of 
popery, and settling the same in a perfect peace, that he 
would also honour him with the estabUshing of a godly and 
spiritual policy in the Church ; entreating his grace to receive 
the articles presented, and if any of them did seem not agree- 
able to reason, to vouchsafe audience to the brethren whom 
they had named to attend. Not that they did account it a 
work complete, to which nothing might be added, or from 
which nothing might be diminished ; for, as God should 
reveal farther unto them, they should be willing to help and 
renew the same." The regent reading the preface, though 
he did not like the pui'pose they were about, gave them a 
better countenance than in former times, and named certain 
of the council to confer with them, and make report of the 
heads whereupon they agreed. But the conference was not 
well begun, when it brake off by occasion of troubles that 
arose. 

The discontents in the country were great and daily in- 
creasing by the regent's severe proceedings. One against 
Adam Whitford of Milneton, did open the mouths of many 
men against him. This gentleman was accused as one set 
on by John Lord Hamilton of Aberbrothock, and Lord Claud 
his brother, to have killed the regent. The suspicion did 
arise of some rash and boasting speeches uttered by John 
Sempill of Beltrees, out of his spleen against the regent for 
an action intended against him concerning some lands be- 
longing to the crown, which had been given by the queen to 
Mary Livingstone, his wife, one of her maids of honour. 
His words were the more taken hold of, because he was 



204 THE HISTORY OF THE [a. D. 1576. 

Milneton's uncle, and upon offer of the torture he was 
brought to confession ; upon which also he was arraigned and 
condemned to death, and the scaffold prepared for the exe- 
cution, but was pardoned; which did manifest that which 
before was suspected, that by underhand promise of favour 
he was induced to this confession. The same means were 
tried with Milneton, to have furnished evidence against these 
noblemen for their forfeiture, which was the chief end of this 
trial. But he, upon his uncle's confession, being put to the 
torture, valuing more his honour nor his safety, endured it 
with such resolution, showed both by his words and coun- 
tenance, as was in all men's opinion taken for an undoubted 
argument of his innocence, and the other's testimony nothing 
regarded, but the regent much blamed for such rigorous pro- 
ceeding against him upon a false or faint hearted man's con- 
fession extorted by fear, or drawn from him by other base 
respects ; wherefore he was detested of his nearest kinsmen, 
as the other was honoured in all men's estimation for his 
courage and constancy. Amongst other processes he had 
intended for helping the revenues of the crown, one was for 
the recovery of a parcel of ground which the queen had 
gifted to Mary Livingstone, one of her maids. The gentle- 
woman's husband, called John Sempill, made the best defence 
he could, and fearing the regent's rigour, had burst forth in 
some passionate speeches, avowing that if he did lose the 
lands, he should lose his life also. This reported to the 
regent, brought him to be suspected of some plot, for a speech 
was given out that Lord John Hamilton and his brother 
Lord Claud were discontented with some of the regent's 
proceedings, and had instigated this gentleman, with his 
nephew, Adam Whitford of Milneton, to kill him as he went 
down the street towards the palace with an harquebuss. Sem- 
pill, called in question for this and his other rash speeches, upon 
representation of the torture confessed all, for he was a fear- 
ful man and of no courage. Milneton being apprehended in 
the Isle of Bute, and brought to his examination, denied that 
any such motion had been made to him, and being put to the 
torture, endured the same patiently, not confessing any 
thing. His constancy and the resolution he showed both in 
words and countenance made the other's confession not to be 
credited, every one interpreting the same to have proceeded 



A. D. 1576.] CHURCH OF SCOTLAND. 205 

of weakness and want of courage. The gentleman's case 
was much pitied, and the mouths of many opened against the 
regent for using such rigour, only upon the confession of a 
fearful and faint hearted man : hut the troubles we mentioned 
did arise by another occasion. 

In the Highlands one Allaster Dow Macallan, a notorious 
thief, who had committed many robberies, was apprehended 
by the earl of Athole, who minding to put him to a trial was 
inhibited by the council, and charges directed against him 
for exhibition of the man. The fellow being presented, after 
he had stayed a while in prison, was upon Argyle's desire 
set at liberty, and, falhng to his accustomed depredations, 
committed divers insolencies in the bounds of Athole. The 
earl, to repair this wrong done to his people, prepared to in- 
vade Argyle, and he making to defend his country, all those 
parts were in an uproar. This reported to the regent, a 
messenger of arms was sent to discharge those convocations, 
and cite them both before the council ; but they disobeyed, 
and by the mediation of friends were shortly after recon- 
ciled. 

This trouble was no sooner pacified, than upon an injury 
done by the Clandonald to the earl of Argyle, he took arms ; 
and being charged to dissolve his forces, instead of obeying 
he laid hands on the messenger, tore his letters in pieces, and 
made him and his witnesses swear never to return into Ar- 
gyle for the like business. This insolency, whereof the like 
had not been seen nor heard since the regent's acceptation of 
the government, incensed him mightily ; but not knowing 
how to overtake him in that season (for it was done in the 
beginning of Avinter), he resolved to use the course of law, 
and proclaimed him rebel. 

Alexander Erskine, who attended the king, having his own 
discontents, and trusting to better his condition by a change 
of the government, dealt secretly with the two earls, Argyle 
and Athole, after he understood them to be agreed, and ad- 
vised them to come, one after another, but much about one 
time, and mean their case to the king, to whom he promised 
they should find access. Argyle coming first complained of 
the regent's extreme dealing, in that he had denounced him 
rebel to his majesty, whose true and faithful servant he had 
always been, and requested his majesty to assemble the 



206 THE HISTORY OF THE [a. D. 1577. 

nobility, and do him right according to the laws ; withal he 
entreated that he might be permitted to remain with his 
majesty, till the nobility should meet for trial of his complaint. 
The earl of Athole came some two days after, to whom the 
king did communicate Argyle's complaint, craving his advice 
in the business. And he, as though he had known nothing 
of the matter, answered that the nobleman's petition seemed 
reasonable, and that his majesty could not take a better 
course than call the nobility, and by their advice take order 
for preventing the troubles that might arise by their dissen- 
sions. The king, lildng the advice, commanded letters to be 
written for all the noblemen in the country to meet at Stir- 
ling the 10th day of March : yet the advertisement went only 
(the two earls having the direction of the letters) to those 
that were their own friends, and enemies to the regent. 
Amongst others, the Lords Maxwell and Ogilvy were in- 
vited to come ; of whom the first had been lately displaced 
from his office of wardenry in the west marches, and commit- 
ted in the castle of Blackness ; the other had of a long time 
been confined in the city of St Andrews. 

How soon the regent was advertised of Argyle and 
Athole's being with the king, and that they had moved 
him to call the nobility to a meeting upon a pretext of 
trying Argyle's complaint, he sent the earl of Angus, the 
Lord Glammis, chancellor, and the Lord Ruthven, treasurer, 
with a letter and certain notes under his hand to be com- 
municated to the king. In the notes, he made a particu- 
lar relation of the contempt done by the earl of Argyle to 
his majesty's authority, and of his practices with Athole to 
disturb the common peace, desiring to know his majesty's 
pleasure concerning them ; " That if his highness would allow 
him to follow the course of law, he might do his duty ; if 
otherwise his majesty thought fit to oversee their disobedi- 
ence, that he would be pleased to disburden him of his office, 
and not suffer his own name and authority to be despised in 
the person of his servant : for, as he had at sundry times 
made offer to dimit the regiment whensoever his majesty was 
pleased to take it in his own hands, so will he now most wil- 
lingly resign the same, so as a substantial course were taken 
for the preservation of his highness's person, the ordering of 
his majesty's house, and the dispensing of the revenues of the 



A. D. 1577.] CHURCH OF SCOTLAND. 207 

crown." Herewith he recommended the keeping of the 
peace contracted with England, because of the danger that a 
war might bring, not only to the realm, but also to his high- 
ness's title and right of succession in that kingdom. And 
having recounted the services done by himself from his 
majesty's birth unto that present, specially his assistance at 
the king's coronation, the danger whereunto he exposed him- 
self and liis friends in Langside field, and at the siege of 
Brechin, the legations which he had undertaken to England, 
the recovery of the castle of Edinburgh, the pacification of 
the realm, which, at his entry to the government, he found in 
great trouble, the redeeming of the jewels and moveables 
pertaining to the crown, and the restoring of the royal patri- 
mony to some reasonable estate ; in regard of all these 
services he craved no more but an allowance of what he had 
done in his ofiice, and a discharge of his intromissions by the 
Estates of parliament. 

These notes being showed to the noblemen who were 
about the king (for numbers were come upon the rumour of 
a change that was in hand), they did all advise him to take 
hold of the offer of dimission made by the regent, and accept 
the government in his own person, after which he might de- 
liberate upon such things as the regent had moved. Some 
were of opinion that the king should write to the regent, and 
require of him a dimission ; but the greater part misliking 
delays, did reckon it more sure to do that which was meant 
at once, and not to protract time with a communing, such as 
that manner of proceeding would necessarily breed. The 
king liking best the persuasions that were given him to 
reign (a thing natural to princes), resolution was taken to 
discharge the regent of his authority, and publish the king's 
acceptation of the government. 

This conclusion was the same day imparted to the regent, 
who thereupon sent the laird of Whittingham to desire the 
king, before any innovation was made, to reconcile those of 
the nobility that were in variance with others, thinking this 
way to hold off the pubhcation intended, at least for some 
days. But it availed nothing, for immediately were the 
chancellor and Lord Herries sent with this commission to 
him in writing : " That his majesty considering the dislike 
which many had of his government, and the apparent troubles 



208 THE HISTORY OF THE [a. D. 1577. 

to fall upon the realm, had, by the advice of the nobility, de- 
termined to accept the rule in his own person ; and because 
delay of time might breed some farther grudge and incon- 
venience, he did therefore require him to send his declaration 
in writ with all speed, for testifying his obedience and allow- 
ance of what was done, and to abstain from all farther admin- 
istration or exercise of the office of regency. As concerning 
his desires for the surety of his majesty's person, the order- 
ing of his house and revenues of the crown, with preservation 
of the peace with England, and the settling of the borders 
and highlands, his highness should omit nothing that lay in 
his power to do for effecting the same, and therein would 
follow the counsel which he and the rest of the nobiUty 
should give unto him. And for the discharge of his admin- 
istration, he should have all granted which with reason he 
could require ; the form whereof his majesty did will him to 
draw up, that he might deliberate with his council what was 
fit to be done therein, assuring him that he should be well 
and graciously used," With this commission they did like- 
wise carry a letter written by the king himself in very 
loving terms, declaring, " That because he saw no other 
way to maintain concord amongst his subjects, he had ac- 
cepted the government in his own hands, and that he was 
confident to have the defects of his age and experience 
supphed by his nobility, especially by himself, whom he 
would ever love and acknowledge as his trusty cousin, most 
tender to him in blood," (these be the words of the letter,) 
" and one of his true and faithful counsellors." 

In the meantime the king's acceptation was pubHshed at 
Stirhng, and the next day, being the twelfth of March, pro- 
claimed at Edinburgh, where the regent himself was assisting, 
and took instruments of his dimission in the hands of two 
notaries. It grieved divers of his friends that he had so 
easily condescended to quit the place, which they thought 
he might with good reason have kept till a parhament had 
been called for that purpose. Amongst others the Lord 
Boyd, who was most entire with him, and came to Edinburgh 
some few hours after his dimission, did chide him bitterly, 
speaking to this effect : " That he did presume too much of 
his own wit, who in a matter of so great moment would not 
once ask the opinion of his friends ; and that in a short time 



A. D. 1577.] CIIUHCII OF SCOTLAND, 209 

he should find thcit he had done unwisely to forsake the 
place committed to him by the whole Estates of the kingdom 
at the pleasure of his enemies, P'or it is sufficiently known," 
said he, " that the king is a child, and that these motions 
have not proceeded from himself. Now when he hath as- 
sumed the government, and ye left the place intrusted to 
you, shall he not be governed by those that are about him, 
whom you know to be your enemies ? But ye perhaps do 
promise ease and safety to yourself in a private life, as if you 
might descend without any danger from the place which ye 
have held. Wise men have observed that between highest 
and nothing there is not a mean ; and it fears me you have 
wronged yourself in imagining the rest you shall never find. 
If you had kept your place, they should have seen the faces 
of men, and not carried things thus at their pleasure ; but 
having forsaken yourself, there is nothing left to your 
friends but to lament your misfortune, and God grant that 
this be the worst of things." This said, he went aside, and 
burst forth in tears. The regent (whom we will no more 
call so) excused his doing by the instance that the king made 
for his dimission, saying, that his refuse would have made a 
great commotion in the realm ; yet did he perceive his error, 
and in his secret thoughts, which he covered so well as he 
could, blamed his own rash and precipitate yielding. But 
there being no place left to resile, the next best he thought 
was to secure himself and his friends, by discharge of all 
things that might be laid to him or them during his ad- 
ministration ; and therein he employed the earl of Angus 
and the chancellor, whom he did constitute his procurators 
to compear before the king, and make dimission of his office 
with such solemnities as by law were requisite. 

This done, the discharge was given him in most ample 
form. Therein, after a general approbation of his service, 
he was declared not to be accusable of any manner of crime, 
of whatsoever greatness or weight without exception, that 
might be alleged to have been committed by him in times 
past : which declaration was ordained to be as valid and 
sufficient in all respects, as if the highest crime that could or 
might be imputed to any person had been specially expressed 
in the same. He was also exonered of all sums of money, 
rents, and profits, as well of property as casualty intromitted 

VOL. II. 14 



210 THE HISTORY OF THE CHURCH OF SCOTLAND, [a. D. 1577. 

with by him or his factors and servants since his acceptation 
of the regiment, (the jewels of the crown, the furniture of 
his majesty's house, munition and artillery only excepted). 
A provision was adjected, " That the present discharge 
should not prejudge the king and his successors in the re- 
vocation or reduction of whatsoever enfeoffments given of the 
property during his highness's minority, or of whatsoever 
lands, lordships, offices, or dignities, fallen in his majesty's 
hands by forfeiture, recognition, bastardy, or by any other 
right and pi-ivilege of the crown." In all other points 
the discharge was ordained to stand firm and sure for him, 
his heirs and successors, and the same never to be revoked, 
or anything attempted to the contrary ; and for his greater 
assurance, the same was promised to be confirmed by the 
Estates of parliament in their first convention and meeting. 
The noblemen and others of the Estates then present with 
the king did likewise bind themselves, their heirs and suc- 
cessors, to see all the foresaid points truly fulfilled, under the 
pain of five hundred thousand pounds. So as nothing was 
omitted which he could devise for his securing ; yet in all 
this he found no assurance ; to teach men that it is not to be 
had in any worldly thing, but to be sought of God alone. 
All men are compelled to acknowledge so much in the end, 
though often too late ; which was the case of this nobleman, 
as we shall hear. But better late, as the saying is, than 
never. 



NOTES TO BOOK V. 



NOTE I. P. 93. 

THE PEST OF 1568. 



[While the Regent Murray was in England, upon the mission narrated in 
the text, Edinburgh was visited with a severe infliction of the plague, or " the 
pest," to which our modern scourge, the cholera, is comparatively mild. I find, 
among the many curious notices contained in the ancient Protocol Books of the 
city of Edinburgh, that, on the 5th of October 1568, the regent, on the eve of his 
departure, sent a letter to the town council desiring them to continue their ma- 
gistrates, lest through the refusal, or their inexperience of persons newly chosen, 
the rigorous measures adopted against " the pest " should be obstructed. This 
the council obeyed under protest. Upon the 8th of April 1568, William Smyth, 
and " his spous Black Meg," are cnpUally condemned for " concealing the pest 
in their house." In the town council register of this year appear some very 
stringent . regulations on the subject, which ought to reconcile us to the present 
milder condition of the plague and its penalties. " That with all diligence 
possible, sa sone as ony hous sail be infectit, the haill houshold, with thair gudds, 
be despescit to the Mure, the deid buriet, and, with like diligence, the hous clenzit." 
" That na maner of persoun pass to the Mure for vesiting of thair friends thair, 
quhill [until] eleven hours before none, in companie with the oflB.car appoyntit 
for that day, under the pane of deid." The Moor referred to in these orders is 
the well-known Borough-moor, to the south-west of the city. There was a great 
cauldron estabUshed there for boiling the clothes of the infected, and a few 
miserable hovels erected to house them. And upon this waste the poorer class 
of the sufferers were driven out, like droves of cattle, to grovel and to die. Yet 
if they were supposed to have " concealed the pest " in their own dwellings, they 
were hanged or drowned. Hard by the Borough -moor stood, and still stands, 
the baronial castle of Merchiston, the principal seat of Sir Archibald Napier, 
father of the inventor of logarithms. He and his family appear to have run no 
small risk at this period. Exactly a century later, Newton was driven from 
Cambridge by the plague which then ravaged England. It appears from the 
Privy Council Records that Sir Archibald had incurred the displeasure of the 
regency for his loyalty, and was ordered to confine himself within the burgh of 
Edinburgh, or his house of Merchiston, and to compear before the council when 
called for, under a penalty of two thousand pounds. This order is dated ISth 
August 1568. His brother-in-law, the bishop of Orkney, of whom some account 
is given in the note to Book IV., was about that time on the point of accom- 
panying the Regent Murray in his mission into England, when he wrote the 
following very curious letter to the laird of Merchiston, which is yet preserved 
in the Napier charter-chest. It is interesting to find so familiar a record of the 
state of the times in Edinburgh nearly three centuries ago, and from an histori- 
cal character like the bishop of Orkney. It will be observed that the bishop 
mentions as places within a mile of Edinburgh, Gray-Cruik, Tnnerleth, 



212 



NOTES TO BOOK V. 



and Weirdie, which I take to be the places yet so well known by the names of 
Craigcrook, Inverleith, and Wardie. 

" Richt Honorabill Schir and Bruther, I haird, the day, the rigorous answer 
and refuis that ye gat, quhairof I wes not wele apayit : Bot alwayis I pray you, 
as ye arr sett amiddis betwix twa grete iucouvenientis, travell to eschew thame 
baith : The ane is maist evident ; to wit, the remaining in your awin place 
where ye ar ; for, be the nummer of seik folk that gais out of the toun, the muir 
is abill to be ovirspred ; and it cannot be bot, throw the nearness of your place, 
and the indigence of thame that are put out, thai sail continewally repair 
aboutte your roume, and throw thair conversation infect sum of your servandis, 
quairby thai sail precipitat yourself and your children in maist extreme danger: 
And, as I se, ye hef forsene the same for the young folk, quais bluid is in maist 
perrell to be infectit first, and therefoir purposis to send thame away to Men- 
teith, quhair I wald wiss at God that ye war yourself, without offence of 
authoritie, or of your band, sua that your houss gat na skaith. Bot yit, Schir, 
thair is ane midway quhilk ye suld not omit, quhilk is, to withdra you fra that 
syid of the toun to sum houss upon the north syid of the samin ; quhairof ye 
may hef in borrowing, quhen ye sail hef to do ; to wit, the Gray-Cruik, Inner- 
lethis self, Weirdie, or sic uther placis as ye culd chose within ane myle ; quhair- 
into I wald suppois ye wald be in les danger than in Merchanstoun : And close 
up your houssis, your grangis, your barnis, and all, and suffer na man cum therin, 
quhill it plesit God to put ane stay to this grete plage ; and in the mein tyme 
maid you to leve upon your penny, or on sic thing as comis to you out of the 
Lennos or Menteith: Quhilk gif ye do not, I se ye will ruine yourself; and 
howbeit I escape in this wayage, I will nevir luik for to se you again, quhilk 
war some mair regrate to me than I will expreme be writing. Alwayis besekis 
you, as ye luif your awin wele, the wele of your houss, and us your freindis that 
wald your wele, to tak suir order in this behalf; and howbeit your evill favoraris 
wald cast you away, yit ye tak better keip upon yourself, and mak not thame to 
rejoce, and as your freindis to murne baith at anis : Quhilk God forbid, and for 
his guidnes preserve you and your posteritie from sic skaith, and manteine you 
in holie keeping for erir. 

Of Edinburgh, the 21st day of September 1568, be 

Your Bruther at power 

" To the Richt Honarabill The Bischop of Orknay. 

and our weilbelovit Bruther, 
the Laird of Merchanstoun." 

This laird, however, and all his children, escaped the plague. He died at a 
very advanced age in 1 608, after having been for many years Master of the Mint, 
or, as it was then termed in Scotland, " General of the Cunziehous." Robert 
Birrell, in his contemporary diary, notes, " that upon the 10th of September 1604, 
the General Maisterof the Cunziehous tuik shipping to Lundone,for the defence 
of the Scottis cunzie before the counsell of England, quha defendit the same to the 
uttirmost ; and the wit and knowledge of the General wes wunderit at be the 
Englischmen." This event seems to have created a great sensation at the time, 
and the manner in which it is noted by contemporary chroniclers implies that 
scientific talent was hereditary in his illustrious son. Sir James Balfour also 
records : " 10th September 1604, Napier, laird of Merchistoun, General of the 
Cunziehous, went to London to treat with the English commissioners anent the 
cunzie, who, to the great amazement of the English, carried his business with a 
great deal of dexterity and skill ; and, having concluded the business he went 
for, he returned home in December thereafter." 

It was in the midst of the fearful devastation to which the bishop of Orkney 
refers, in the letter above quoted, that the celebrated George Bannatyne col- 



NOTES TO BOOK V. 213 

lected the poetry of Scotland. His patriotic industry has obtained a grateful 
commemoration, and illustrious monument, from the institution of the " Banna- 
tyne Club," and the compilation of his memoirs, by its first President, Sir 
Walter Scott. I have seen a curious pamphlet entitled, " Ane breve descrip- 
tioun of the Pest, quairin the causis, signis, and sum speciall preservatioun and 
cure thairof are contenit, set furth be Maister Gilbert Skeyne, Doctour in Medi- 
cine, imprentit at Edinburgh be Robert Lekpreck, 1568." The doctor strongly 
advises to take " conseill " of " well lernit phisicians, for," says he, " in this pes- 
tilenciall diseis everie ain is mair blind nor the moudeuart in sic thingis as con- 
cernis thair awin helth ; and besyde that, everie ane is becum sa detestable to 
uther (quhilk is to be lameutit), and specialle the pure in sight of the riche, as 
gif they var not equall with tham twichand thair creatioun, but rather without 
saule or spirite, as beistis degenerate fra mankynd." 

It is to be feared that the very melancholy picture of the times, afforded by 
this worthy physician, is but too true.— E.] 



NOTE 11. P. 158. 

THE KING AND QUEEN'S WARS.-SIR WILLIAM KIRKCALDY 
OF GRANGE.— SIEGES OF MERCHISTON CASTLE. 

[Spottiswoode is curiously and amply confirmed in this melancholy passage by 
all the quaint contemporary chroniclers of the period. At the time of the king 
and queen's wars, during the latter half of the sixteenth century, there were 
many fine old residences of the Scottish lairds or lesser barons, in the neighbour- 
hood of the capital, which were turned into garrisons, or otherwise dilapidated 
and ruined. Some of these were the seats of learning, and one at least of science; 
and their owners, as our author remarks, entirely disposed to peace and quiet- 
ness. Yet nothing could save them, or their houses, from the prevailing storms. 
Indeed the quiet men generally suffered most ; for they were alternately sus- 
pected and annoyed by either party. During these turmoils, the English 
ambassador. Sir William Drury, went a progress through Scotland, to inspect 
the strongholds of the king's party ; and in pursuance of his ad^ce, the Regent 
Mar, whose humane and gentle dispositions soon sank under the policy he was 
constrained to pursue, endeavoured to reduce the town of Edinburgh to absolute 
famine. With this view, says the Pollock manuscript, " the regent and the 
king's favouraris, stvffit (garrisoned) the houssis of Craigmillar, Merchingstoun, 
Sclatfurd, Reidhall, Corstorphine, and the college thairof, and the abbey, with 
all places about the town of Edinburgh." And also " all inhabtouris within 
two myles to Edinburgh wer constranit to leave thair houssis and landis, to that 
effect Edinburgh sould have na furneissing ; and damnit poor men and women 
to the deid, for inbringing of victuallis to Edinburgh." Other parts of Scotland 
suffered the same infliction. After the battle of Langside, the privy-council of 
the regent issued letters charging certain barons to yield up their strongholds 
to the bearers of the letters, " to be kepit be thame, and to devoid and red thame- 
sellis, thair servandis and gudis, furth of the samyn, within sex houris, under 
pains of treason;" and this because the owners were queen's men; "that is to 
say, Andro Hamiltoun of Cochno, the tour and fortalice of Cochno ;" and, after 
many others named, " James Streueling of Keir, the house and fortalice of Keir: 
the said James Streueling of Keir, the tour and fortalice of Cadder." These 
places are still in possession of the families of_ Hamilton and Stirling respec- 
tively. At this very time the eldest son of Sir Archibald Napier of Merchiston, 
who became so distinguished in science, was married to the daughter of Sir 
James Stirling of Keir and Cadder ; and as the family mansions of both the 



214 NOTES TO BOOK V. 

bride and bridegroom were then continually in a state of siege, it is difficult to 
conceiye where such a ceremony as a family wedding could come off. Yet, 
although the king and queen's wars visited every roof-tree in the richest districts 
of Scotland, the families intermarried and begot sons and daughters as usual. 
It is more surprising, that, amidst all this turmoil, in which he was no passive 
spectator, John Napier pursued and brought to perfection those mathematical 
studies which, at the commencement of the following century, bestowed so great 
a boon upon the world, and earned for his country so proud a place in the annals 
of science. 

And here we must notice what seems to be a very extraordinary mistake,— 
with regard to the social condition of Scotland at a period even later than that 
under consideration,— committed by Mr Macaulay in his recent History of Eng- 
land. He is speaking of the more modern era, when the union of the crowns had 
placed the resources of three kingdoms at the command of one monarch ; and he 
contrasts the conditions, intellectual and social, of Scotland and Ireland. " In 
mental cultivation," says Mr Macaulay, " Scotland had an indisputable superi- 
ority. Though that kingdom was then the poorest in Christendom, it already vied 
in every branch of learning with the most favoured countries. Scotsmen, whose 
dwellings and irhose food were as wretched as those of the Icelanders of our time, 
wrote Latin verse with more than the delicacy of Vida, and made discoveries in 
science which would have added to the renown of Galileo." (Macaulay's Hist, 
vol. i. p. 65\. 

Such has been the progress of improvement throughout the world, that we 
scarcely know if " the Icelanders of our time " are equally suggestive of whale- 
ribs for roof-trees, and blubber for food, as the Icelander " of auld." Poetry 
formerly flourished very much in Iceland ; and Egil Skallagrimson, Kormack 
Ormundson, Glum Geirson, and Thorlief larlaa, were celebrated as poets, — 
whether equal to Vida we cannot say. But who were these " Scotsmen " that 
lived like savages, and at the same time wrote with the pens of immortality, at 
the commencement of the reign of James the Sixth in England ? Mr Macaulay 
proceeds to tell us, " Ireland could boast of no Buchanan or Napier." 

Somevehat poor, no doubt, was Scotland then, — not over-rich now. Many a 
hovel among the retainers, and many a rough and Runic board among the barons, 
bore witness to the slow march of improvement and civilisation there. But those 
who trust to the brilliant generalizations of this popular and lively historian, 
and suppose that they have here the true characteristics of an age and country 
compressed into a pointed sentence, will be misled. Whoso treats such gener- 
alizations as oracular truths, and attempts to elongate them, like the precious 
web from the fairy's nutshell, or to explore the depths and sources of these spark- 
ling productions,will find that they have but killed the bird that laid the golden egg. 
Buchanan (whom, however, we must leave with his rival Vida) might have dated 
his poetry from a palace ; and many were the regal tit-bits, the savoury crumbs 
of pasties and preserves, the savoy -amber, the pistache-amber, and the fennell, 
that adhered to the liquorish beard of the royal dominie. Napier, on the other 
hand, inhabited a stately castle of his own, which had stood innumerable sieges, 
which is standing and inhabited to this hour ; and the only Icelandish parts of 
the structure are the modern additions. It is to the father of Napier, that the 
bishop of Orkney addresses the letter on the subject of the plague of 1568, as 
given in the previous note. He there speaks of the outhouses, the granges, and 
the barns, which formed the outworks ofthecastleofMerchiston, all indicative of 
a great and substantial dwelling. Moreover, he recommends a temporary re- 
treat to the places of Gray-cruik, Inuerleth, and Weirdie, as a choice of friendly 
residences less infected with the prevailing epidemic. The laird's children had 
been sent, for salubrious air, to the Lennox and Menteith, where Napier pos- 
sessed more than one family mansion very far removed from the condition of an 
Icelandish cave. We take the instance which the historian quotes. He says. 



NOTES TO BOOK V. 215 

unequivocally, that the " Scotsmen," who, such as Napier, raised their country 
in science to a comparison with that of Galileo, were the same " whose dwell- 
ings and whose food were as wretched as those of the Icelanders of our time." 
The historian's proposition is lame in both of its limbs. Napier is a solitary in- 
stance of science in Scotland. He was a century and more before his time there. 
He is no characteristic of the intellectual condition of Scotland of his day. In 
regard to that, he is a rose in the wilderness,— a spring in the desert. On the 
other hand, neither in dwelling nor in feeding were his habits Icelandish. He 
dwelt within walls, wherein he could be married, and put to bed, while his 
cousin, Kirkcaldy of Grange, was battering them with great guns from the 
castle. He and his father were great store-farmers, as well as deeply versant in 
science. They had their beeves and their oxen ; and their voluminous beards 
grew out of the best of beef and mutton. The lower classes, no doubt, were 
poorly lodged and fed. Many are so still. But that is not what the historian 
says or means. Let him look at the catalogue of family dwellings that were 
" stuffit" i. e. garrisoned by one or other of the contending parties, during the 
king and queen's wars. Not to mention the great places of the higher nobility, 
were the houses of Merchiston, Braid, Craigmillar, Barnbougall, Keir, Cadder, 
Cochno,Gray-Cruik, Weirdie, Innerleth, Grange, Ediubellie, Gartness, Nydrie- 
Seytoun, Slateford, Reidhall, Corstorphine, Wrychtishoussis, Dundas, and scores 
of others, all " dwellings of Scotsmen" long prior to the period to which Mr 
Macaulay refers,— were these like caves of the savage Icelander, only rich in 
the ribs of whales, and redolent of blubber ? 

Two notable examples of " quiet men," whose high characters and means 
and substance would have made them very acceptable to either faction, was 
Sir Archibald Napier and his immediate neighbour in the Lothians, Fairley of 
Braid. Like Merchiston, the laird of Braid was a stanch friend to the Refor- 
mation, but not one of those of the church militant who were leagued witii 
factious and grasping violence. Richard Banuatyue, the secretary of John 
Knox, in his journal of the period, affords an anecdote which well illustrates 
Spottiswoode's account of the turmoil and distress which these unhappy wars 
brought upon the most peaceably disposed families. Upon Friday, the •25th of 
May 1571, Fairley of Braid was sitting quietly at supper, his own miller bearing 
him company (and Mr Macaulay may be assured that the board savoured not 
of Iceland), when a dozen soldiers attacked the miller's house. This last rushed 
from his supper with the laird to the rescue, but was overpowered by the 
soldiers, who dragged him back to the gate of Braid, and there insulted the 
laird himself with vociferous and contumelious speeches. They bade him come 
out to Captain Melville, or they would " burn the house about his luggis." The 
laird " being a guyet man," told them to depart ; and that if Captain I^Ielville 
had wanted him, he would not have sent such messengers. But immediately, 
seeing his miller ill used, this quiet laird sallied out with a huge two-handed 
Bword, followed by a few domestics, and lustily laid about him among the 
soldiers. His escape was miraculous. Their " hagbutteris," some of them 
loaded with three bullets, were repeatedly discharged at the laird of Braid 
without effect. Meanwhile he had struck one of the soldiers to the ground with 
the flat of his two-handed sword, and immediately made him his prisoner ; but 
upon the body of this unfortunate soldier the bullets intended for Braid took 
deadly effect. The soldiers then fled to Edinburgh, and alarmed their captain 
with the report that this quiet laird was marshalling a powerful array of men- 
at-arms. " So the alarm struck, and all come furth to the querrell-holes ; bot 
hearing the truth, were staid by the lait-d of Merchiston, who shaw Captane 
Melving that there were uther men cuming from Dalkeyth for the lardis relief, 
as that they did with speid." 

This " Captane Melving " was one of eight sons of Helen Napier of Merchis- 



216 NOTES TO BOOK V. 

ton (aunt to the above mentioned laird) and Sir John Melville of Raith, who 
were all devoted to Queen Mary. He was consequently the cousin-german of 
Sir Archibald Napier. Very shortly after the above incident, Melville was 
blown into the air by the igniting of a barrel of gunpowder, which he was in the 
act of dealing out to his soldiers on Craigmillar Hill. There was great lamen- 
tation by the queen's party for his death. All the nobility of his friends followed 
him to the grave, over which his nephew, the renowned and no less unfortunate 
Kirkcaldy of Grange, pronounced a funeral oration to his soldiers. His brother, 
David Melville, was placed in his command. He is not mentioned in the peer- 
age (Leven and Melville), but these facts may be gathered from a comparison 
of the contemporary iournals of Bannatyne, Sir James Melville, and the Pol- 
lock MS. 

The castle of Edinburgh was then in possession of Sir William Kirkcaldy of 
Grange, whose character and sad fate are recorded by Spottiswoode {supra, p. 193). 
He too was a near relative of Merchiston's, his mother being the daughter of 
Helen Napier and Sir John Melville. Grange had participated in the murder 
of Cardinal Beaton, the only stain upon a shield which dazzled even the chivalry 
of France with the valour of a Scottish knight. An exile for that crime, he 
served in the wars of the Low Countries, about the year 1553, under Henry II. 
and the high constable Montmorency. His nephew, James Melville, was then 
the favourite secretary of the constable, and at his side in battle. Melville 
narrates that his illustrious master, one not likely to be astonished by deeds of 
arms, or to waive his dignity, uncovered when he addressed Grange ; and 
Henry II., who took the proud style of " Protector of the liberties of Germany 
and its captive princes," and while victorious over Charles V., pointed to this 
young Scotsman, in the presence and hearing of his uncle, James Melville, with 
these memorable words : " Yonder is one of the most valiant men of our time." 

Sir James Melville also says, that Henry II. commonly chose Grange on his 
side at their sports, " and because he schot faire with a gret schaft at the buttis, 
the king wold have him to schut twa arrowes, ane for his pleasour ; and the 
gret constable of France wold not speak with him oncoverit : he was humble, 
gentill, and meak lyk a lamb in the house ; but lyk alyon in the feildis ; a lusty, 
stark, and weill proportionate personage, hardy and of magnanyme courage," 
(p. 257). Such was he upon whom these miserable king and queen's wars in his 
own country brought the fate of the meanest felon. Having escaped the gibbet 
for a deed of his youth which richly merited such a fate, he was doomed to that 
ignominious death, after a career in arms that rivalled the chivalry of Europe, 
for fidelity to his trust, and devotion to his queen. In vain Drury himself 
pledged his honour for the life of Grange. In vain did a hundred of his kin 
offer suit and service to Morton, and a pension of three thousand merks, if he 
would spare the hero. He was ruthlessly executed, along with his brother Sir 
James, under the walls of the castle which he had so long kept, and so gallantly 
defended against the power of Elizabeth. "VS'ith Sir William Kirkcaldy of Grange 
fell the last hopes that enlivened the captivity of Mary. (See Memoirs of Na- 
pier of Merchiston, p. 78-138.) 

In the year before this sad catastrophe, Sir Archibald Napier of Merchiston 
was placed under the custody of his cousin Grange, in the castle of Edinburgh. 
The Pollock MS. states, that upon the 18th of July 1571, " Naper of Merching- 
stone, knycht, was tane and brocht to Edinburgh Castell be the laird of Mynto 
and his company." This was not that he was a king's man, but because he was 
a " quiet man," and his castle of Merchiston the most important strength in the 
neighbourhood of Edinburgh, and was held per force for the king's faction 
against the queen's faction in the castle. It formed the key of the south ap- 
proach to the city, which the former faction was endeavouring to reduce to famine. 
An old manuscript history, preserved in the Advocates' Library, and which is 
entitled, Ecclesice Scoticana Historia per Archibaldum Symsonum, &c., after 



NOTES TO BOOK V. 217 

narrating the death of Lennox, and the appointment of Mar in 1571, adds, that 
Sir William Kirkcaldy bombarded tlie house of Merchiston with iron balls 
from the great guns, because certain soldiers, hirelings of the king's party, 
occupied it, and intercepted the provisions coming to the castle and town. 
The words are : Gidielmus Kirkaldy arcis prafectus, tormento majori terreis 
globulis domiim Merchistoniam oppugnat, propterea quod conductilii milites 
a Regis partibus ibi residentes, viatica, iinde arx et oppidani alantur, in- 
tercludant. Thus it appears that Grange entertained his cousin Sir Archibald, 
when under his custody, with the agreeable pastime of battering the family for- 
talice. By this time Merchiston's first wife, the sister of the bishop of Orkney, 
and mother of the great Napier, was dead, and the laird was again married 
to a daughter of Mowbray of Barnbougle,— now named Dalmeny Park, and 
the property of the earl of Rosebery. During the period when fire and sword 
and iron bullets were incessantly visiting the impregnable walls of Merchiston, 
the paternal mansion of Lady Napier was undergoing a similar fate. At the 
commencement of the year 1572, the laird of Dundas was entertaining, at his 
castle in the neighbourhood of Barnbougle, Sir Richard Maitland of Lething- 
ton and his lady. Notwithstanding the presence of so stanch a queen's man 
as " auld Maitland," that faction had determined to take the castle of Dundas, 
at the suggestion of Grange. Robert Mowbray, Lady Napier's eldest brother, 
undertook the adventure. He obtained from Edinburgh thirty mounted soldiers, 
whom he concealed under an embankment near the iron gate of Dundas. Two 
men, disguised in ragged garments, with pistols under them, lurked close to the 
gate, while Mowbray and a comrade, also disguised and armed, stationed them- 
selves in the village of Dundas hard by. It chanced, however, that the laird of 
Dundas's servant, one David Ramsay, going '• to get a morning drink," entered 
the very house, and detected the adventurers. Starting off to give the alarm, 
he was pursued by Mowbray and his companion, who fired their pistols at him 
without efiect. Thus the enterprise failed, and Sir John Mowbray, in conse- 
quence of this escapade of his son, was summoned before the regent and council, 
confined in prison for some days, and only released upon finding security that 
he would not sufi'er " the rebellis," i. e. the queen's party, to occupy his castle 
of Barnbougle. Immediately afterwards, however, the regent turned Barn- 
bougle into a garrison for the king, and again committed the laird to confine- 
ment in the town of Ayr. 

Upon the 5th of May 1572, the queen's troops issued from the town to besiege 
Merchiston. After a desperate struggle they made themselves masters of the 
outworks, and finally of the castle, with the exception of its " donjon keep," to 
which the regent's garrison had retreated, as a place impregnable. The 
besiegers followed up their advantage with the most detei-mined ferocity. They 
set fire to the outhouses, " thinking to have smokit the men of the dungeon out." 
But the king's party in Leith, well aware of the importance of the fortalice, 
marched in great force to raise the siege. The guns of Edinburgh Castle com- 
menced to play upon these new assailants, and fired more than forty shots to 
cover the besiegers, who were commanded by one Captain Scougall. But 
nothing could resist the charge of tlie laird of Blairwhain, who drove the queen's 
cavalry back into the town, his own horse being shot under him. Captain 
Scougall was mortally wounded. Among the incidents of this hot afiair, " aiie 
cannon bullet diugis the revell, the spurre, and the heill of the sock and hose, 
off ane of the horseaien's leggis, without stirring the hyde." 

Upon the 10th of June following, another desperate attempt was made to 
win the castle of ilerchiston from the king's men. This attack was led on 
by the earl of Hur.tly. The assailants battered the tower with cannon, while 
their cavalry, scouring the fields to the south, betwixt the fortalice and the 
hills of Braid, brought in forty head of sheep and cattle. Mr Macaulay may 
be assured that the Scotsmen, who rivalled Vida and Galileo, had no lack of 



218 NOTES TO BOOK V, 

strong dwellings and good food. The difficulty was to be able to dwell in them, 
or to arrange the dinner hour. This siege commenced at two o'clock in the 
afternoon, and the cannon played upon the tower until four o'clock, and " maid 
greit slappis in the wall." But an accidental diversion turned the day, after 
some slaughter on both sides, in favour of the garrison in Merchiston. Upon 
this occasion the earl of Huntly's horse was killed under him. 

A conflict yet more bloody occurred at Merchiston on the last day of the same 
month. A party of twenty-four mounted soldiers had been sent to forage for 
the town, which was nearly reduced to famine. The well stocked fields in the 
neighbourhood of Merchiston were the constant scene of enterprise ; and upon 
this occasion the foragers collected many oxen, besides other spoil, which they 
were driving triumphantly into' the town. They were pursued, however, by 
Patrick Home of the Heucht, who commanded the regent's light horsemen. 
The foraging party, whom hunger rendered desperate, contrived to keep their 
pursuers, amounting to four score, at bay, until they were passing the gate of 
Merchiston, when the garrison issued forth, and drove back the cattle. The 
Edinburgh horsemen instantly dismounted, suifered their horses to go loose, and 
" faucht creuallie." A strong body of infantry quitted the town, to support this 
brave little band, and turned the fight in their favour. All the loss fell upon the 
king's men. Home of the Heucht, their leader, Patrick Home of Polwarth, be- 
sides four other gentlemen, were killed. Of the queen's men a few were wounded, 
and only one foot-soldier lost his life, who was killed by a shot from the battle- 
ments of Merchiston. 

Shortly afterwards occurred a truce. The French and English ambassadors 
used some exertions to put an end to the savage and unnatural warfare, which 
desolated the heart of Scotland, and tlireatened Edinburgh with absolute de- 
struction, from the number of houses that were daily pulled to pieces for fire- 
wood. Their influence, cordially aided by the good earl of Mar, brought about 
a cessation of hostilities for two months, from the 1st of August 1572, which 
was signed by each party, at Leith and Edinburgh, on the last day of July of 
that year. 

Such were the king and queen's wars ; and amid these storms in and around 
his paternal abodes, and under these auspices, John Napier invented and calcu- 
lated the Logarithms. — E.] 



HISTORY 



CHURCH OF SCOTLAND. 



THE SIXTH BOOK. 



THE CONTENTS. 

THE THINGS THAT HAPPENED AFTER HIS MAJESTY's ASSUMING OF THE 
GOVERNMENT IN HIS OWN PERSON, UNTO HIS HAPPY SUCCESSION TO 
THE CROWN OF ENGLAND. 

HE king was not yet twelve years complete, 
when in the manner ye have heard they 
moved him to assume the government; yet 
did he show more judgment in his very be- 
ginning than could be expected from one of 
his years. The earl of Morton's enemies, not satisfied with 
his displacing, were still casting how to bring him into the 
king's dislike. And first showing that there was a necessity 
of the king's residing at Edinburgh, where was the place of 
justice, they desired he should be charged to render the 
castle. Then informing that he had amassed a great treasure 
in the time of his regiment, they moved the king to require 
of him some moneys for supporting the charges whereunto 
he would be put at his first entry. They did farther talk of 
the mint-house, and the commodity he reaped thereby. And, 




220 THE HISTORY OF THE [a. D. 1577. 

to denude him of all power, they desired the state of the 
borders to be looked unto, and the office of lieutenandry, 
which the earl of Angus his nephew had in those parts, dis- 
charged. To one or other of these they conceived he should 
be unwilling, and so they should find some matter against 
him. 

But the king, refusing to use him with charges, took a 
more moderate course, and sent the chancellor and treasurer 
to feel his mind in those things. He lay then at Dalkeith, 
and having heard their propositions, howbeit he knew those 
motions did proceed from his adversaries, and was not ig- 
norant what they intended, he answered calmly, " That the 
jewels and moveables appertaining to the crown being re- 
ceived of his hand, and he and his deputies discharged, the 
castle should be rendered most willingly. But for the advanc- 
ing of moneys he excused himself, saying, that it was not 
unknown how he had received his office in a time full of 
trouble, and when the country was embroiled in a civil war, 
the burden whereof he sustained upon his private charge ; 
and that since the troubles ceased, he had paid a great many 
debts, repaired his majesty's houses and castles, and put them 
in a better case than for many years before they had been : 
that the entertainment of his majesty's house, and maintain- 
ing of his own, as regent, was a matter of no small charge, 
which the ordinary revenues of the crown would hardly do ; 
yet when his majesty should be of perfect age, and his hon- 
ourable occasions did require it, he should not be wanting 
according to his ability, and bestow all his means for his 
majesty's honour. Concerning the mint-house he said, that 
he had kept it in the best order he could, and having now no 
more charge of it, he wished the king to do therewith as he 
thought best. For the affairs of the border, tliat he had 
moved the earl of Angus to undertake that service for the 
quietness of the country ; but seeing he had no lands in those 
quarters, and that the offices of wardenry might suffice to 
hold those pai-ts in order, he would advise the king to dispose 
them to the most sufficient that could be found. 

The noblemen returning with these answers, the king did 
rest well satisfied. But a pitiful accident that fell out in the 
time gave an hinderance to these businesses. The chancellor 
going to the castle to make his report to the king, as he re- 



A. D. 1578.] CHURCH OF SCOTLAND. 221 

turned to his lodging did encounter the earl of Crawford in 
the street called commonly the Schoolhouse Wynd. There 
had been an old grudge betwixt the two families, whereupon 
the noblemen passed by other without salutations. The 
street being narrow, and the companies of each side great, 
when they were almost parted, two base fellows fell a 
struggling for the way, and by thrusting one at another 
raised a tumult, in the very beginning whereof the chancellor 
was killed with the shot of a pistol. It was certainly known 
that the noblemen did purpose no harm to others ; for Craw- 
ford did call to his followers to give way to the chancellor, 
as he on the other side called to give way to the earl of 
Crawford ; yet by this unhappy accident were the old dis- 
sensions that had long slept revived, and a fresh enmity 
raised, which turned to the great hurt of both. The death 
of the chancellor was much lamented, falling out in the time 
when the king and country stood in most need of his service. 
He had carried himself with much commendation in his place, 
and acquired great authority. Most careful was he to have 
peace conserved both in the country and church, and laboured 
much to have the question of church policy settled ; upon 
which subject he interchanged divers letters with Theodore 
Beza. Some have blamed him of too great curiosity in that 
matter, but his intention certainly was pious and commendable. 

Upon his death the earl of Athole was preferred to be 
chancellor, at which the church did mightily offend : as like- 
wise with the admission of the earls of Caithness and Eglin- 
ton, with the Lord Ogilvy, upon the council, who were all 
thought to be popishly inclined. This being meaned to the 
king, was in some sort satisfied by their promises and sub- 
scriptions to the articles of religion ; yet the suspicions of 
their unsoundness still continued. And now began they who 
longed for the change of Morton's government to repent the 
alteration that was made ; for howsoever he did not favour 
the novations in church policy urged by some ministers, he 
kept a severe hand over papists, permitting none to enjoy 
any pubhc office who was not sincerely affected to the truth. 

The first of April the castle of Edinburgh was delivered 
to the Lords Ruthven and Lindsay, who were appointed by 
the king to receive the house, and a discharge given to the 
earl of Morton of the jewels, munition, and moveables within 



222 THE HISTORY OF THE [a. D. 1578. 

the same. And the same day John Seaton of Touch, and 
John Cunningham of Drumwhasslll, received the keys in 
name of Alexander Erskine, uncle to the earl of Mar, upon 
a warrant directed to them for that effect. The earl of Mor- 
ton resolving to live private, and to have no more meddling 
in public affairs, retired to Lochleven, where he stayed not 
long, being recalled to court by this occasion. The friends 
of the house of Mar, of whom the principals were the abbots 
of Dryburgh and Cambuskenneth, out of some jealousy they 
conceived of Alexander Erskine his courses, and a fear that 
the young nobleman, who was then grown to some years, 
might be prejudged of his right in keeping the castle, prac- 
tised secretly to exclude him, and entering one morning with 
a number of their followers, seized upon the keeper of the 
gate, took the keys from him by force, and putting him and 
his men forth, placed others in their rooms, whom they caused 
swear fidelity to the earl of Mar, 

How soon the council (which then remained at Edinburgh) 
was advertised of this change, they prepared to go to Stir- 
ling, and for their greater security were furnished with some 
companies of men by the town of Edinburgh ; but by letters 
from the king they were stayed. In these letters the king 
showed that it was a private dissension only that had hap- 
pened betwixt the friends of the house of Mar, which he 
would have peaceably composed, and therefore desired them 
to come unto him after a day or two in quiet and sober man- 
ner, and assist the reconcilement. They obeyed, and com- 
ing to Stirling, in a frequent council, kept the third of May, 
the controversy was in these terms composed : That the earl 
of Mar being now come to a reasonable age, he should attend 
the king's person, and have the custody of the castle of Stir- 
hng ; and that the master, his uncle, should remain captain of 
the castle of Edinburgh, and, when he came to court, have his 
table kept as before, and enjoy the place of a gentleman of 
his majesty's chamber. The conditions prescribed to the 
earl of Mar were : That he should guard the castle, attend 
the king's person therein, and not remove him to any place 
whatsoever without the knowledge and consent of the council : 
That he should not receive any within the house whom he 
knew not to be well affected to the king, admitting an earl 
with two only in train, a lord with one, and gentlemen 



A. D. 1578.] CHURCH OF SCOTLAND. 223 

single : That Mr George Buchanan and Mr Peter Young 
should continue his instructors, and no others be admitted 
without the council's consent, nor any religious exercise kept 
within the castle but that which the parliament had approved. 
For the observing of these articles, the earls of Athole, 
Angus, Argyle, and Montrose, with the Lords Ruthven and 
Lindsay, became sureties. For the master his uncle, and his 
fidelity in keeping the castle of Edinburgh, with the jewels, 
munition, and other moveables, the earls of Athole, Argyle, 
Montrose, and the Lord Ruthven gave their bond and obli- 
gation. Some days after this broil, the captain, his eldest 
son (called Alexander), a youth of great hopes, departed this 
life, as it was thought of a grief he conceived for the indig- 
nity done to his father. 

. This agreement being made, and the lords being then to 
return to Edinburgh, the king did signify unto them, that, 
because the parliament was indicted to the tenth of July, he 
would, before that time, call a number of every estate to- 
gether for the preparing of matters ; and that, all emulations 
laid aside, they might concur and join their counsels for the 
public good of the realm. The diet for this meeting ho ap- 
pointed at Stirling the tenth of June. The convention at the 
time was frequent ; of the clergy, eight bishops and as many 
abbots were present ; of the nobility, nine earls and eleven 
lords, and divers commissioners of burghs. The earl of 
Morton, at the king's earnest entreaty, came also thither, and 
at his coming was admitted upon the council, having the pre- 
cedency allowed him, with the consent of the rest, because of 
the regency he had a long time sustained. 

In the first meeting the king, after he had given thanks to 
the whole number for the readiness they had showed to con- 
vene in that place, proponed two things. One was touching 
the parhament and the place where it should hold ; the other 
concerned an ambassage which he intended to send into Eng- 
land. For the parliament, he said that he longed to see 
a meeting of the Estates, and would have the time to which 
it was called precisely observed, wishing them all to address 
themselves thereto in time, and to come in a peaceable man- 
ner, as men disposed to do good, and seeking the common 
profit of their country. And for the place, seeing his own 
presence was necessary, and that he could not conveniently 



224 THE HISTORY OF THE [a. D. 1578. 

remove from Stirling, he desired the parliament to be fenced 
at Edinburgh at the day appointed, and then prorogated some 
four or five days, and brought to Stirling. For the ambas- 
sage, he gave divers reasons. First, that liaviYig assumed the 
government in his own hands, he was bound in courtesy to 
visit the queen of England, and give her thanks for the kind- 
ness he had received of her in his minority. Next, that the 
disorder lately fallen out in the borders (for about that time 
some borderers had entered into England and committed 
great robberies), laid a necessity upon him to clear the coun- 
try of that fact, and make offer of redress. Thirdly, that he 
had a private business Avhich touched him nearly, his grand- 
mother, the Lady Lennox, being newly deceased, and he 
being her only heir, it concerned him, he said, to inquire 
what her last will was, and to see that no prejudice was done 
to him in his succession to the lands she possessed in England. 
Lastly, if they did think meet (but this he remitted to 
their wisdoms), he showed that he could hke well to have a 
motion made of a more strict league betwixt the two realms 
during the queen's life and his. 

It grieved the ordinary counsellors much that the place of 
parliament should be changed, who therefore laboured to dis- 
suade the king from it ; but perceiving him resolved that way, 
they gave their consents, though most unwillingly. When 
they came to speak of the ambassage to England, they ac- 
knowledged the necessity thereof; but took exception at the 
league, pretending the ancient league with France. It was 
replied. That the case of things was much altered from that 
in former times ; that England and Scotland had now the 
same enemies because of their common profession, so as, for 
their own safety, it was needful they should join together in 
strict friendship ; and that the league with England might be 
so contracted as the old amity with France should remain in- 
violate. The king farther declared, that he did not mean to 
give power to his ambassador for concluding a league, where- 
in he would do nothing rashly, nor without the advice of the 
Estates -, only he desired the same should be moved, and 
upon the report of the queen's liking thereof, that the con- 
ditions of the league should be well and gravely advised. 
After long reasoning, the matter being put into voices, it was 
by plurality agreed, that the same should be made one of the 



A. D. 1578.] CHURCH OF SCOTLAND. 225 

ambassador's instructions ; against which the earls of Argyle, 
Montrose, and Caithness, the Lords Lindsay and Inuermaitli, 
with the commendatory of Deir, took pubhc protestation. 

These things bred a new heart-burning amongst the noble- 
men, for they took Morton to be the deviser of all, and that 
he was craftily drawing back the administration of affairs 
unto himself; which, albeit they dissembled for the present, 
broke forth after a few days in an open dissension. The 
citizens of Edinburgh were much offended with the king's 
remaining in Stirling, and the removal of the parliament from 
their town ; and, as it happens in such times of discontent, 
rumours were dispersed that the king was detained captive, 
and was shortly to be sent into England, and the ancient 
league with France dissolved. This being in the mouths of 
all men, and talked of not in corners, but in open and public 
meetings, a proclamation was given out the sixth of July, 
" Declaring the falsehood of those rumours, and that the 
same were raised by some seditious spirits that could not live 
quiet under any sort of government. For, as to the king's 
detention, it was known to be most false ; and that it was his 
own choice to remain at Stirling, attended by those whom 
the council by common consent had appointed for the safe 
custody of his person. And for the parliament, which they 
said was to treat of the dissolution of peace with their old 
confederates, and to make up new leagues with others, there 
was no such matter; it being his majesty's only purpose to 
have such things intreated in that meeting as might tend to 
the advancement of God's honour, the safety of his royal 
person, and the establishment of good laws for the quietness 
of the realm ; whereof if any made doubt, they might be re- 
solved at their coming to the parliament, which was now ap- 
proaching. Therefore were all good subjects advertised not 
to beheve those seditious reports, nor suffer themselves to be 
led by such wicked suggestions into rebellion." 

This declaration prevailed little with the most part, for 
the minds of men were much exasperated ; and the time of 
parliament come, the lords that remained at Edinburgh took 
counsel not to go thither, but to send of their number one or 
two to protest against the lawfulness of it. The earl of 
Montrose and Lord Lindsay were chosen to that purpose, 
who, coming to StirUng, show the king the noblemen's ex- 

VOL. II. 15 



226 THE HISTORY OF THE [a. D. 1578. 

cuse, and declared all they had in commission to say ; wish- 
ing his majesty to prorogate the parliament unto a better 
time, and make choice of a fitter place. But he resolved, by 
the counsel of those that were present, to go on ; and coming 
the next day, which was the sixteenth of July, to the great 
hall where the Estates were advertised to meet, he made a 
short speech touching the liberty of parliaments, and the neces- 
sity he had to keep one at that time and in that place, assuring 
all persons who had any thing to move or propone, that'they 
should have free access, and receive satisfaction according to 
justice. After the king had closed his speech, the earl of 
Montrose and Lord Lindsay arose, and in the name of the 
council and others of the nobility adhering to them, protested 
against the lawfulness of the parliament, in so far as it was 
kept within the castle, whither they could not safely repair, 
the same being in their enemy's power. The king, offended 
with the protestation, commanded them to keep their lodg- 
ings, and not to depart forth of Stirling without his license, 
which tlie Lord Lindsay obeyed ; but Montrose the next 
day early in the morning went away, and returned to Edin- 
burgh, where it was given out that he had brought from the 
king a secret direction to the lords to convene the subjects in 
arms, and liberate him out of Morton's hands. 

Thereupon a declaration was published, bearing, " That 
his majesty having assumed the government in his own per- 
son, because of the enormities committed in the time of 
Morton's regiment, had appointed the council to remain at 
Edinburgh for the better ministration of justice ; and that by 
the care they took of affairs, all things had gone well and 
peaceably till Morton, out of his ambitious desire to rule, did 
suborn some instruments to surprise the king's house and 
person at Stirhng, injuriously displace the captain, and put 
his family and servants to the gates. Of which seditious 
enterprise although he did pretend ignorance, yet the pro- 
gress of his actions continually since that time did show that 
he was the chief plotter of that business ; for after his coming 
to court, and admission to be one of the council, he had dis- 
ordered all things, thralling the king so far, that his best 
subjects could have no free access unto him, and usurping the 
jurisdiction of his majesty's ordinary council, in translating 
the parharaent from Edinburgh, the principal city of the 



.*! 



A. D. 1578.] CHURCH OF SCOTLAND. 227 

realm, unto the castle of Stirling. Likcas, to bear out his 
wicked and violent designs, he had of late presumed to levy 
soldiers at the king's cost and charge, intending thereby to 
maintain his usurped authority, and oppress his majesty's 
obedient and lawful subjects. In consideration of which 
abuses, and lest his notorious presumptions should by their 
continual patience grow to a farther height, they had resolved, 
laying aside all difficulties, to withstand the violences prac- 
tised by him under the title of the king's authority, and to 
hazard their goods, lives, and lands for the dehvery of his 
majesty's person out of his thraldom ; protesting that the in- 
conveniences which should ensue upon the present troubles 
should not be imputed to them, inasmuch as they were forced 
unto it for their own just and necessary defence, the restitu- 
tion of their native prince to liberty, and the delivering of 
the Church and commonwealth fi"om the tyranny of such as 
have ever sought, and still do seek, the ruin and overthrow 
of both." 

This declaration pubHshed, all parts of the realm wore in 
a commotion. Soldiers were levied on either side, horse aud 
foot ; and proclamations sent to the sheriffdoms of Edinburgh, 
Haddington, Linlithgow, Clackmannan, Kinross, Perth, Fife, 
Forfar, Lanark, Dumbarton, and to the bailiaries of Kyle 
and Cunningham, to prepare themselves with victuals for 
fifteen days, and be in readiness to follow the king or his 
Ueutenants upon six hours' warning, as they should be di- 
rected. Herewith a commission of lieutenandry was given 
to the earl of Angus for convocating the subjects, aud pur- 
suing the rebels who had usurped the king's authority with 
all sort of rigour. Charges were also directed to command 
the earls of Athole and Argyle to depart forth of Edinburgh 
within the space of twenty-four hours, and return to the places 
of their dwelling, under the pain of treason. The magis- 
trates of Edinburgh were enjoined to apprehend the persons 
that had taken arms within their town, and not to suffer any 
armed men to enter in the same, except such as should have 
direction from his majesty. Which, when the provost 
(Archibald Stewart) came to excuse, as not being in the 
town's power to withstand the forces of the noblemen, he 
himself was sent prisoner to the castle of Doune. 



228 THE HISTORY OF THE [a. D. 1578. 

The parliament in this mean time went on, and all things 
proceeded therein as in a time of most secure peace. Upon 
their dissolving, when it was told the king that the lords 
were gathering forces, and that they gave out the same to be 
done by warrant from him, he commanded, by a new pro- 
clamation, all that were assembled in arms to separate and 
return to their dwellings within the space of six hours, pro- 
mising pardon to such as obeyed. And lest any should be 
deceived with the rumours of his captivity and secret warrants 
from himself, he again declared, " That it was his own desire 
to remain at Stirling and be served by the earl of Mar, with 
whom he knew his surety was greater than if he should be 
at the devotion of those that caused the present troubles, 
whose meaning towards him could be no better than it had 
been in times past. For the warrants they pretended, he 
called God to witness, that they had neither word nor writ 
from him ; therefore willed all his good subjects to live quiet, 
and not to be misled by such false informations." This pro- 
clamation the lords would not suffer to be pubHshed at 
Edinburgh, but, making the greater expedition, drew to- 
gether their companies and marched towards Stirling. The 
first night they camped at Linlithgow, and the day following 
having mustered their army, which they found to be about 
4000, they went to Falkirk. 

The earl of Angus, as lieutenant for tiio king, took the 
fields, and displaying the royal banner made towards them. 
In number he did not equal the others, but they were gentle- 
men all, active and resolute. Sir Robert Bowes, the English 
ambassador, riding betwixt the armies, travailed earnestly to 
bring them to an agreement, and by his entreaties and the 
proponing of honourable conditions did keep them from 
joining. In which time one Tait, a follower of Cessford, who 
as then was of the lords' party, came forth in a bravery, and 
called to the opposite horsemen, asking if any among them 
had the courage to break a lance for his mistress. He was 
answered by one Johnston, servant to the master of Glammis, 
and his challenge accepted. The place chosen was a little 
plain at the river of Carron, on both sides whereof the horse- 
men stood spectators. At the first encounter Tait, having 
his body pierced through, fell from his horse, and presently 



A. D. 1578.] CHURCH of Scotland. 229 

died. This was taken by those of Morton's side for a pre- 
sage of victory. But by the ambassador's travails the parties 
were drawn to the conditions following : — 

1. That the forces on either side should presently separate, 
and a few horsemen only be retained upon his majesty's 
charges, who should be employed for quieting the borders, 
and not against the lords convened at Falkirk, or their 
adherents in the present action. 

2. That the proceedings of the lords and other partakers 
with the chancellor, since the tenth of July last, should be 
allowed as good service done to the king, in respect his 
majesty was assured of their good affection towards his 
own person. 

3. That the chancellor and earl of Argyle should have their 
lodging within the castle of Stirling, with the like num- 
bers that were permitted to other noblemen. 

4. That all noblemen, barons, and other gentlemen who 
pleased to come unto the king, should be freely admitted to 
his presence, and have liberty to propone their OAvn affairs. 

5. That the earl of Montrose and Lord Lindsay should be 
received into the number of the council. 

6. That the king caUing to himself eight noblemen, that is, 
four for each party, to be nominated by themselves, should 
consider the griefs and offences of either side, take order 
for removing the same, and make up a perfect reconcile- 
ment amongst the nobility. 

7. That the commission of licutenandry granted to the earl 
of Angus should be discharged. 

8. And last, that the captains of the castle of Edinburgh and 
Dumbarton should enjoy their offices till the reconciliation 
intended was brought to an end. 

These articles being signed by the king, and subscribed by 
the principals of both parties, the accord and heads thereof 
were published at Stirling and Falkirk the fourteenth of 
August, upon which the armies dissolved. No stir 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. 



230 THE IlISTOHY OF THE [a. D. 1578, 

The place and time of the noblemen's meeting for consider- 
ing the grievances of both parties being left to the king's 
appointing, because delay might breed greater difficulties his 
majesty did assign the twentieth of September to meet at 
Stirling; whereof he caused the ambassador to give the 
chancellor notice, and to desire him to name the four noble- 
men whose advice he and the rest would use in that treaty. 
The chancellor answered by letter, " That neither he nor 
Argyle could agree to meet at Stirling, 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 Novem- 
ber, they should keep the day, and for the present nominate 
ten, of which number they should choose some four at that 
time as arbiters for their party." The ten they named were, 
the earls of Montrose and Caithness, the Lords Lindsay, 
Maxwell, Herries, Ogilvy, and Innermaith, the abbot of 
Newbottle, and the lairds of Bargenny and Drumwhassill. 
Herewith he desired three tilings to be granted. One was, 
that license might be given to such an one as they would 
choose to pass into England ; next, that they who were dis- 
possessed of their places and offices since the tenth of July 
might be restored, namely, Mr Mark Ker, son to the abbot 
of Newbottle, master of requests, and William Cunningham, 
son to the laird of Drumwhassill, gentleman of the king's 
bedchamber ; thirdly, that none should be called in question 
for their absence upon the late proclamations, seemg all they 
who came not to StirHng 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 meet- 
ing of the noblemen ; wherefore, in a letter sent by Mr 
WiUiam Erskine to the chancellor, he showed, that since 
they had delayed to nominate the four noblemen, he himself 
would make choice of four of them whose names they had 



A. D, 1578.] CHURCH of Scotland. 231 

given to the ambassador ; to wit, the Lords Lindsay, Ogilvy, 
Innermaith, and Herries ; to whom ho would join the carls 
of Rothes and Buchan, with the Lords Ixutlivcn and Boyd ; 
and by their advice proceed in the reconcihatiou by him in- 
tended ; which if they should refuse, he would notify 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 noble- 
men to meet at Stirling, the twentieth of September, warning 
all the subjects whom that business concerned to address 
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 twentieth 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 join in friendship one with another, which caimot 
be more contentment to me than it is a benefit to yourselves. 
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 su^spicions. For as to 
me I will study to be indifferent, and bestow my favours im- 
partially, and never repose myself 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 unless there 
be a correspondence of wills and minds 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 persuaded 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 entangled myself in 
such businesses. What should let you be reconciled, and 
become perfect friends, I knov/ not. If there be any grief 
or offence that hath exasperated your minds, will ye show 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 



232 THE HISTORY OF THE [a. D. 1578. 

you do not carry minds irreconcilable. Ye professed that ye 
laid down arms for the love ye bare to your king ; by the 
same love I entreat you to lay aside jealousies and suspicions, 
which ye will doubtless do, except ye mind to expose your 
country and yourselves to utter ruin." 

The lords, moved with this speech, professed themselves 
willing at his majesty's 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 chancellor and Argyle presented their grievances in 
some short articles, bearing the unkindness they had re- 
ceived 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 them- 
selves 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 public service, 
and received more unkindness at their hands than he had de- 
served, he would freely remit all at the king's desire." After 
some days spent in such reckonings, they were brought in 
end to join hands. 

Daring these contentions in the state, Mr Andrew Melvill 
held the Church busied with the matter of policy, which was 
put in form, and presented to the parliament at their sitting 
in Stirhng. The Estates having no leisure to peruse it, 
gave a commission to divers of their number to meet and 
confer with the commissioners of the Church, and if they did 
agree, to insert the same among the acts of parliament. 
How these affairs went, and what effect the commission took, 
because of the great business that afterwards was made 
about the same, is necessary to be known ; wherefore I 
thought meet to set down the form of pohcy as it was pre- 
sented, with the notes of their agreement and disagreement, 
as they stand in the original, which I have by me. 



A. D. 1578.] CHURCH OF SCOTLAND. 233 

Heads and Conclusions of the Church; and First of the Policy 
thereof in General, ivherein it differethfrom Civil. 

1. The Church of God is sometimes largely taken for all i. Agreed. 
them that profess the evangel of Jesus Christ ; and so it is 

a company and fellowship not only of the godly, but also 
hypocrites, professing outwardly one true religion. 

2. At other times it is taken for the elect only and the 2. Agreed. 
godly ; and sometimes for them that exercise the spiritual 
function amongst the congregation of them that profess the 
truth. 

3. The Church in this last sense hath a certain power ch^reMs*some-° 
granted by God, according to which it useth a proper themthat'exercise 
jurisdiction and government, exercised to the comfort of functoninVr- 

*; 1 1 /-(I T ticular congrega- 

the whole Church. tions. 

. , . . , . , . 1 1 "*• Continued to 

4. 1 his power ecclesiastical is an authority granted by farther reasoning, 

~,,„, 11 !•• n T r~tt • and when it is said 

God the father, through the mediation of Jesus Christ, this power noweth 

' o _ ' from God to his 

unto his Church gathered, and having the ground in the J;']"'"^!'' whether 

a ' o o tins should be un- 

word of God, to be put in execution by them unto whom ^v^iioiecimrch'orof 
the spiritual government of the Church by lawful calling and°®h*;The?u"' 

i«i pnmTnif f ofl fioweth mediately 

Jt> COlIimillLU. or immediately. 

5. The policy of the Church flowing from tliis power is an s. Referred 
order or form of spiritual government, which is exerced by the reasoning. 
members appointed thereto by the word of God ; and there- 
fore is given immediately to the office-bearers, by whom it is 
exercised to the weal of the whole body. 

6. This power is diversely used ; for sometime it is severally 6- The last 

^ « v words ol the 

exercised (chiefly by the teachers) sometime conjunctly by thoughtnot 
mutual consent of them that bear office and charge, after the "nd^^we- 
form of judgment : the former is called potestas ordinis, the ddete?''^ 
other potestas jurisdictionis. 

7. These two kinds of power have both one ground, one 7. Agreed, 
final cause, but are different in the form and manner of exe- 
cution, as is evident by the speech of our Saviour in the 16th 

and 18th of St iNIatthew. 

8. This power and pohcy is different and distinct in the ". Agreed. 
own nature from that power and policy which is called the 

civil power, and appertains to the civil government of the 
commonwealth, albeit they be both of God, and tend to one 
end, if they be rightly used, that is, to advance the glory of 
God, and to have godly and good subjects. 



234 THE HISTORY OF THE [a. D. 1578. 

9. Say in- 9. For this powor ecclesiastical floweth from God im- 
For tfafs"^^" ' mediately, and the mediator Jesus Christ, and is spiritual, 
spiiituainot not having a temporal head in the earth, but only Christ, the 
deleting the only Spiritual kino; and ffovernor of the Church. 

otherwords. ./ l » & n i • i/» 

10. Agreed. 10- It is a title falsely usurped by Antichrist, to call himself 

the head of the Church, and ought not to be attributed to 
angel or to man, of what estate soever he be, saving to Christ 
the head and only monarch of the Church, 
n. Agreed. 11. Therefore this power and policy of the Church should 
lean upon the word immediately as the only ground thereof, 
and should be taken from the pure fountains of the scriptures, 
hearing the voice of Christ the only spiritual king, and being 
ruled by his laws. 

12. Agreed, 12. It is propor to kings, princes, and magistrates, to be 
thSJfwfrds, called lords and dominators over their subjects whom they 
no7bfcaVied govom civilly ; but it is proper to Christ only to be called 
their flock. lord and master in the spiritual government of the Church, 

and all others that bear office therein ought not to usurp 
dominion, nor be called lords, but ministers, disciples, and 
servants : for it is proper to Christ's office to command and 
rule his Church universally, and every particular church, 
through his spirit and word, by tlie ministry of men. 

13. Change the 13. Notwithstanding, as the ministers and others of 

last words of eccle- o ' 

n^DtrinliTrec- *^^® ccclesiastical state are subject to the magistrate 
pHneTaecord'ingto ^ivilly, SO ought the porson of the magistrate be subject 
i4?Refe'ired?o''' ^0 the Cliurcli Spiritually, and in ecclesiastical government. 
whMUheTrder'of 14. And the exercise of both these jurisdictions cannot 
discuScd."*" ^° stand in one person ordinarily, 
tiiey cometo the 15. The civil powor is called the power of the sword, 

attribution of the ,, ,, ., /> ii i 

rower. the other power tiie power ot the keys. 

as'thewords l^- Tlio civil power should command the spiritual to 

cei^ved." exercise and to do their office according to the word of God ; 

the spiritual rulers should require the Christian magistrate to 

minister justice and punish vice, and to maintain the liberty 

of the Church, and quietness within their bounds. 

i7.Deferreth 17. The magistrate commands in things external for ex- 

sowed vith ternal peace and quietness among the subjects ; the minister 

handleth external things only for conscience cause. 
is.Referred. 18. The magistrate judges external things only and actions 
done before men ; but the spiritual ruler judges both the affec- 
tion and external actions in respect of conscience, by the word 
of God. 



A. i>. 1578.] CHURCH of Scotland. 235 

19. The civil magistrate gcttcth obedience by the sword i9. 
and other external means ; but the minister by the spiritual 
sword and spiritual means. 

20. The magistrate ouffht neither preach, minister the so. Agreed that 

° ° „ ^ neither ought 

sacraments, nor execute the censures of the Church, nor the magistrate 

.,,,,, preach, nor min- 

yet prescribe any rule how it should be done, but com- ister the sacra- 

♦'■'■•' ' ments, nor exe- 

mand the minister to observe the rule prescribed in the „" ttecimrch"'*' 
word, and punish transgressors by civil means; the u^^^J^j^^*^^^ 
minister again exercises not the civil jurisdiction, but tfon°'Md"refcr- 
teaches the magistrate how it should be exercised according pa^ of thTs"""'^ 

tn fhp wnrH article to far- 

lO tnc WOl a. tl,er reasoning. 

21. The magistrate ought to assist, maintain, and fortify the ai.Referred. 
jurisdiction of the Church ; the ministers should assist their 
princes in all things agreeable to the word, providing they 
neglect not their charge in involving themselves in civil aifairs. 

22. Finally, as ministers are subject to the judgment and 22.Referred. 
punishment of magistrates in external things, if they oiFend : 

so ought the magistrates submit themselves to the discipline 
of the Church, if they transgress in matter of conscience and 
rehfrion. 



Chap. 2. — 0/ the Parts of the Policy of the Church, and 
Persons or Office-hearers to luhom the Administration is 
committed. 

1. As in the pohcy civil the whole commonwealth consists i- The name 
in them that are governors or magistrates, and them that church in 

o ^ o ^• p ^ , this article 

are governed and subjects; so m the policy of the C-hurch ^j^faken for 
some are appointed to be rulers, and the rest of the members g^iJlfi^^";^' 
are to be ruled and obey according to God's word, and the fortiiewhoL 
inspiration of his spirit, always under one head and chief ^g"egj|\yit,j 
governor Jesus Christ. thianfcil. 

2. Again, the whole policy of the Church consists in three 2. Referred, 
things chiefly, in doctrine, discipline, and distribution ; with 
doctrine is annexed the ministration of the sacraments. 

3. And according to this division arises a sort of threefold 3. Referred, 
officiars in the Church ; to wit, ministers or preachers, elders 

or governors, and deacons or distributors ; and all these may 
be called by one general word, ministers of the Church. 

4. For albeit the Church of God be ruled and governed 4. Agreed. 
by Jesus Christ, who is the only king, high priest, and head 



236 THE HISTORY OF THE [a. D. 1578. 

thereof; yet he useth the ministry of men as a necessary 
middest for this purpose. 

5. Agreed. 5. For SO he hath from time to time, before the law, under 

the law, and in the time of the evangel, for our great com- 
fort, raised up men endowed with the gifts of his spirit for 
the spiritual government of his Church, exercising by them 
his own power through his spirit and word, to the building 
of the same. 

6. Referred 6. And to take away all occasion of tyranny, he wills that 
of the head they should rule with mutual consent of brethren and equal- 

of visiters. . - , . , . . ■"■ 

ity of power, every one according to their functions. 

7. Referred. 7. In the Ncw Testament and time of the evangel ho 

hath used the ministry of the apostles, prophets, evangelists, 
pastors, and doctors, in administration of the word ; the 
eldership for good order and administration of discipline; 
the deaconship to have the cure of ecclesiastical goods. 

8. Referred. 8. Somo of these occlesiastical functions are ordinary, 

some extraordinary, or temporal. The extraordinary are 
the apostles, prophets, and evangelists, which are not per- 
petual, and now have ceased in the Church, except when it 
pleases God extraordinarily for a time to stir up some of 
them again. 

9. Referred. 9. There are four ordinary offices or functions in the 

Church of God ; the pastor, minister, or bishop, the doctor, 
the presbyter or elder, and the deacon, 

lo.Referred. 10. Theso officcs are ordinary, and ought to continue per- 
petually in the Church, as necessary for the government and 
pohcy of the same ; and no more offices ought to be received 
or suffered in the true Church of God, established by his word. 

ii.Referred. 11. Therefore all the ambitious titles invented in the 
kingdom of Antichrist and his usurped hierarchy, which are 
not one of those four sorts, together with the offices depend- 
ing thereupon, ought in one word to be rejected. 

Chap. 3. — How the Persons that hear Ecclesiastical 
Functions are admitted to their 0£ices. 

1. Agreed. 1- Vocatiou Or Calling is common to all that should bear 
office in the Church, which is a lawful way by which quali- 
fied persons are promoved to any special office in the Church 
of God. 



A. D. 1578.] CHURCH of Scotland. 237 

2. Without this caUing it was never lawful for any person 2. Agreed. 
to meddle with any ecclesiastical function. 

3. There are two sorts of calling, one extraordinary by 3. Agreed. 
God immediately, as were the apostles and prophets, which 

in a Church estabhshed and already well reformed hath no 
place. 

4. The other calling is ordinary, which beside the calhng 4. Agreed, 
of God, and the inward testimony of a good conscience, hath 

the lawful approbation of men according to God's word, and 
the order established in the Church. 

5. None ought to presume to enter in any office ecclesias- 5. Agreed, 
tical, unless he have a good testimony in his conscience 
before God, who only knoweth the hearts of men. 

6. This ordinary and outward calling hath two parts, g. 
election and ordination. 

7. Election is the choosing out of one man or person to the 7. Referred, 
office that is void, by the judgment of the eldership and con- 
sent of the congregation to whom the person presented is to 

be appointed. 

8. The qualities in general required in all them who 8. Agreed 

1111 n -1/^1 1 • • /. ^^^^^ ^^^ 

should have charge in tlie Church consist in soundness of generality 
rehgion and godliness of life, according as they are set forth 
in the word. 

9. In this ordinary election it is to be eschewed, that no 9. Agreed, 
person be intruded in any of the offices of the Church, con- 
trary to the will of the congregation to whom they are ap- 
pointed, or without the voice of the eldership. 

10. None ought to be intruded or placed in the ministry 10. Agreed. 
in places already planted, or in any room that is not void, 

for any worldly respect, and that which is called the benefice 
ought to be nothing but the stipend of the minister who is 
lawfully called. 

11. Ordination is the separation and sanctifying of the u. Agreed, 
person appointed by God and his Church, after that he is 

well tried and found qualified. 

12. The ceremonies of ordination are fasting, prayer, and 12. Agreed. 
imposition of the hands of the eldership. 

13. All these, as they must be raised up by God, and is. Agreed, 
made able for the work whereunto they are called, so they 
ought to know that their message is limited within God's 

word, without the bounds whereof they ought not to pass. 



238 THE HISTORY OF THE [a, d. 1578. 

14. Agreed. 14, Thcsc should take the names and titles only (lest they 

be exalted and puffed up in themselves) which the scripture 
gives them, as those which import labour, travail, and work, 
and are names of offices and service, and not of idleness, dig- 
nity, worldly honour or pre-eminency, which by Christ our 
master is expressly reproved and forbidden. 

15. Agreed. 15, All thcsc office-boarers should have their own partic- 

ular flocks, amongst whom they ought to exerce their charge : 
and should make residence with them, taking inspection and 
oversight of them, every one in his vocation, 
iG. Agreed. 16. And generally ought to respect two things; that is, 
the glory of God, and edifying of his Church, by discharging 
their duties in their callings. 

Chap. 4. Of the Office-bearers in Particular, and First of 
the Pastors and Ministers. 

1. Agreed, 1. Pastors, bishops, or ministers, are they who are ap- 
word bishop pointed to particular congregations, which they rule by the 
tiie place of word of God, and over which they watch : in respect whereof 

visitation. . " ^ , 

sometimes they are called pastors, because they feed their 
congregation ; sometimes episcopi or bishops, because they 
watch over their flock ; sometimes ministers, by reason of 
their service and office ; sometimes also presbyters or seniors, 
for the gravity in manners which they ought to have, taking 
care of the spiritual government, which ought to be most 
dear unto them, 
£. Agreed. 2, They that are called to the ministry, or offer themselves 
thereto, ought not to be elected without one certain flock to 
be assigned to them. 

3. Agreed. 3, No man ought to ingyrc himself, or usurp this office 

without a lawful calling. 

4. Agreed. 4. They who are once called by God, and duly elected by 

men, having once accepted the charge of the ministry, may 
not leave their functions ; and the deserters ought to be 
admonished, and, in case of disobedience, excommunicated. 

5. Referred. 5. No pastor may leave his flock without Ucense of the 

provincial assembly ; which if he do, after admonition not 
obeyed, let the censures of the Church strike upon him, 
c. Agreed. 6. To the pastor belongeth the preaching of the word of 
God in season and out of season, publicly and privately, al- 



A. D. 1578.] CHURCH of Scotland. 239 

ways to edify and discharge his conscience, as God hath pre- 
scribed. And unto them only appertains the ministration of 
the sacraments ; for both these are appomted by the word 
of God as means to teach us, the one by the ear, and the 
other by the eyes and other senses, that by both, knowledge 
may be conveyed to the mind. 

7. By the same reason it pertains to pastors to pray for 7. Agreed. 
the people, and namely for the flock committed to their 
charge, and to bless them in the name of God, who will not 
suffer the blessings of his faithful servants to be frustrate. 

8. He ought also to watch over the manners of liis flock, o. Agrcod. 
that he may the better apply his doctrine to them, in repre- 
hending the dissolute, and exhorting the godly to continue 

in the fear of the Lord. 9. Agreed, 

9. It appertains to the minister, after lawful proceeding of mfni'tCT of 
the eldership, to pronounce the sentence of binding and may prJ- 
loosino- upon any person, according to the power of the keys sentence ol- 

O, ^ , i^, '^ , «= '■ •' excomimini- 

granted to the Ohurch. cation, after 

10. It belongs to him likewise, after lawful proceeding in \l^^^s- 
the matter by the eldership, to solemnize marriage betwixt ^iJ['*r,^P.3^" 
those that arc contracted, and to pronounce the blessing of the ^^^ge°" 
Lord upon them that enter in that bond in the fear of God. 

And generally, all public denunciations that are made in the 
church before the congregation, concerning ecclesiastical 
affairs, belong to the minister's office, for he is the messenger 
and herald betwixt God and the people in all these affairs. 

Chap. 5. Of Doctors and their Offices, and of Schools. 

1. One of the two ordinary and perpetual functions that xwswiioie 
labour in the word is the office of doctor, who may also ferWd to " 
be called prophet, bishop, elder, and catechiser, that is, the soning. 
teacher of the catechism and rudiments of the religion. 

2. His office is to open up the mind of the Spirit of God 
in the scriptures simply, without such application as the 
minister uses, to the end that the faithful may be instructed 
in sound doctrine, the pui'ity of the gospel taught, and not 
corrupted through ignorant or evil opinions. 

3. He is different from the pastor, not only in name, but 
in diversity of gifts ; for to the doctor is given the gift of 
knowledge, to open up by simple teaching the mysteries of 



240 THE HISTORY OF THE [a. D. 1578. 

faith ; to the pastor the gift of wisdom, to apply the same by 
exhortation to the manners of the flock, as occasion craves. 

4. Under the name and office of doctor we comprehend 
also the order in schools, colleges, and universities, which 
have from time to time been carefully maintained, as well 
amongst Jews and Christians, as among profane nations. 

5. The doctor being an elder, should assist the pastor in 
the government of the Church, and concur with the elders 
his brethren in all assembhes, by reason the interpretation 
of the word, which is only judged in matters ecclesiastical, 
is committed to his charge. 

6. But to preach unto the people, to minister the sacra- 
ments, and celebrate marriages, pertains not to the doctor, 
unless he be otherwise called ordinarily ; yet may the pastor 
teach in schools, as he who hath the gift of knowledge often- 
times, which the example of Polycarpus and others testifies. 

Chap. 6. The Elders and their Office. 

1. Passed 1. The word elder in the scripture is sometimes the name 

of age, sometimes the name of office ; and when it hath the 

name of office is sometimes taken largely, comprehending as 

well the pastors and doctors, as those who are called seniors 

or elders. 

.Agreed, 2. In this our division, we call those elders whom the 

pidersbe apostlo callcth presidents or governors; whose office as it is 

ministers. Ordinary, so it is perpetual, and always necessary in the 

Church of God, and a special function, as is the ministry. 

3. The per- 3. Elders once lawfully called to the office, and having 
elders re- gifts of God fit to exorciso the same, may not leave it again; 

ferredtofar- " ,.11 , i • . 

therdeuber- yet such a number 01 elders may be chosen m certam con- 
gregations, as one part may relieve another for a reasonable 
space, as was amongst the Levites under the law in serving 
the temple. 

4. Agreed. 4. The number of elders in every congregation cannot be 

limited, but should be according to the bomids and necessity 
of the people. 

5. Referred. 5. It is not ncccssary that all elders be teachers of the 

word, albeit chiefly they ought to be such, and so worthy 
of double honour. 

6. Referred. 6. What manner of persons they ought to be, we remit it 



A. D. 1578.] CHURCH OF SCOTLAND. 241 

to the express word, and the canons set down by the apostle 
St Paul. 

7. Their office is as well severally as conjunctly to watch 7. Agreed. 
with dihgence over the flock committed to their charge, both 
pubUcly and privately, that no corruption of religion or 
manners grow amongst them. 

8. As the pastors and doctors should be diligent in teach- a Agreed. 
ing and sowing the seed of the word, so the elders should 

be careful in seeking the fruits of the same among the people. 

9. It pertains to them to assist the pastor in examining 9- Agreed, 
those that come to the Lord's table, and in visiting the sick. 

10. They should cause the acts of the assemblies, as well lo- Agreed. 
particular as general, to be put carefully in execution. 

11. They should be dihgent in admonishing all men of n. Agreed. 
their duties, according to the rule of the word. 

12. Things that they cannot correct by private admoni- 12. Agreed. 
tions they should bring to the eldership. 

13. Their principal office is to hold assemblies with the i3- Agreed. 
pastors and doctors, who are also of their number, for es- 
tabhshing good order and execution of discipline ; unto which 
assembUes all persons are subject that remain within the 
bounds. 

Chap. 7. Of Elderships, and Assemblies, and Discipline. 

1. Agreed 
that min- 

1. Elderships are commonly constitute of pastors, doctors, jf/^ers^^ay 
and such as we call commonly elders that labour in the word ituff twngs 
and doctrine, of whom and of their power we have spoken, ^boundl 

2. Assemblies are of four sorts ; for either they are of a 2. Agreed. 
particular congregation, or of a province, or of a whole na- 
tion, or of all and divers Christian nations. UKafyno^ds 

3. All ecclesiastical assemblies have power to convene i^n theyelr^ 
lawfully together, for treating of things concerning the imth t^e'"* 
churches pertaining to their charge. vt^tofion. 

4. They have power to appoint times and h^-Sst'Su'ru'S^^^^^ 
places to that effect, and every assembly Ferm^^rbi.tnand'su^b^rpie::; 
to appoint the diet, time and place for trng"t.frXe„\'niyrtW; 

ii majesty's commissioner, have voita 

5. In all assemblies a moderator should be chosen by com- s- Agreed. 
mon consent of the whole brethren convened, who should pro- 
pone matters, gather voices, and cause good order to be kept. 

VOL. II. 16 



242 THE HISTORY OF THE [a. D. 1578. 

6. Referred. 6. DlligGiice ought to be takeii chiefly by the moderator 

that only ecclesiastical things be handled in the assemblies, and 
no meddling be with any thing pertaining to civil jurisdiction. 

7. Referred. 7. Evory asscmbly hath power to send forth of their own 

number one or more visitors, to see how all things are ruled 
in their jurisdiction. 
„ ^ , ^ 8. Visitation of churches is not an ordinary oflBce eccle- 

!1. Deferred _ , ^ «' 

to the head giastlcal in the person of one man, neither may the name of 

of bishops, _ 1 ^ ' •{ ^ 

foma'tion"^*' ^ ^ishop bo attributed to a visitor only, neither is it necessary 
to abide in the person of one man always, but it is in the 
power of the eldership to send out quaUfied persons to visit 
pro re nata. 

9. Agreed. 9- The final end of all assemblies is first to keep the 
religion and doctrine in purity without error and corruption ; 

■nin^eln'the ^®^* *° ^®®P comoHness and good order in the Church. 

anlele these ^^- -^^^ *^^^ ordcr's causc, they may make rules and con- 

sp?ritiiai° stitutions. pertaining to the good behaviour of all the members 

luTgS i» *1^^ Church in their vocation. 

make'^lc'ri ^^' ^hoy have power also to abrogate and abolish all sta- 

thin^Tso tutes and ordinances concerning ecclesiastical matters that 

ter u^'«ini'e ^^^ found uoisomo and unprofitable, and agree not with the 

^tf of"timT time, or are abused by the people. 

i2!Refcrred. ^■^' '^^^7 ^^^^® powcr to exccuto discipline and punishment 
ecclesiastical upon all transgressors and proud contemners of 
the good order and pohcy of the Church, so as the whole 
discipline is in their hands. 

i3.Referred. 13. The first sort and kind of assemblies, although they 
be within particular congregations, yet they exerce the power, 
authority, and jurisdiction of the Church with mutual consent, 
and therefore bear sometimes the name of the Church. 

i4.Referred. 14. When WO spcak of the elders of particular congrega- 
tions, we mean not that every particular parish church can 
or may have their particular elderships, especially to land- 
ward ; but we think three or four, more or fewer, particular 
churches may have a common eldership to them all, to judge 
their ecclesiastical causes. 

is.Referred. 15. Albeit it is meet that some of the elders be chosen out 
of every particular congregation, to concur with the rest of 
their brethren in the common assemblies, and to take up the 
delation of oiFences within their own churches, and bring 
them to the assembly. 



A. D. 1578.] CHURCH OF SCOTLAND. 243 

16. This we gather of the practice of the primitive Church, lo. Referred, 
where elders, or colleges of seniors, were constitute in cities 

and famous places, 

17. The power of the particular eldership is to give dili- i7.ueferrcd. 
gent labour, in the bounds committed to their charge, that 

the churches be kept in good order ; to inquire of naughty 
and unruly persons, and travail to bring them in the way 
again, either by admonition and threatening of God's judg- 
ments, or by correction. 

18. It pertains to the eldership to take heed that the word luRearrcd. 
of God be purely preached within their bounds, the sacra- 
ments rightly ministered, discipline maintained, and the ec- 
clesiastical goods uncorruptly distributed. 

19. It belongs to this kind of assembly to cause the or- ly.Rcfemd. 
dinances made by the assemblies provincial, national and 
general, to be kept and put in execution ; to make constitu- 
tions which concern to Tpi'Trov, for the decent order of those 
particular churches which they govern ; providing they alter 

no rules made by the provincial and general assemblies, and 
that they make the provincial assemblies foreseen of those 
rules they make, and to abolish such constitutions as tend to 
the hurt of the same. 

20. It hath power to excommunicate the obstinate. so.Referred. 

21. The power of election of them who bear ecclesiastical si.Rufcrred. 
charge pertains to this assembly within their own bounds, 

being well constitute, and erected of many pastors and elders 
of good ability. 

22. By the like reason their deposition also pertains to sa.uefcned. 
this assembly, as of them that teach erroneous doctrine ; 

that be of a scandalous life, and after admonition desist not ; 
that be given to schism or rebellion against the Church, 
manifest blasphemy, simony, and all corruption of bribes, 
falsehood, perjury, whoredom, theft, drunkenness, fighting 
worthy of punishment by the law, usury, dancing, and such 
dissoluteness as imports civil infamy ; and all other that de- 
serve separation from the Church. 

23. Those also who are altogether found unable to execute aaReferred. 
their charge ought to be deposed, and other churches adver- 
tised thereof, lest they receive the persons deposed. 

24. But they who through age or sickness, or any other 24. 
accident, become unmeet to do their office, their honour 



244 THE HISTORY OF THE [a. D. 1578. 

should remain to them, and others be provided to their 

office, the Church maintaining those who are by that occasion 

disabled. 
25.RefeiTod. 25. Provincial assemblies we call lawful conventions of 

the pastors, doctors, and other elders of any province gathered 

for the common affairs of the churches thereof ; which may 

also be called the conference of the Church and brethren. 
26.Referred. 26. Tliose assomblies are institute of weighty matters to 

be intreated by mutual consent, and assistance of the brethren 

within the province, if need be. 
27.RcreiTed. 27. This assembly hath power to redress, order, and 

handle all things committed or done amiss in the particular 

assemblies. 
ss.Referred. 28. It hath power to depose the office-bearers of that 

province, for good and just causes deserving deprivation. 

And generally these assembhes have the whole power of the 

particular elderships whereof they are collected. 

29. Passed 29. National assembly, which we call ffeneral, is a lawful 

over. . '' . 

convention of the whole Church of the realm or nation where 
it is gathered, for the common affairs of the Church ; and 
may be called the general eldership of the whole Church 
within the realm. 

30. Passed 30. Noue are subject to repair unto this assembly for 

giving voice but ecclesiastical persons, to such a number as 
shall be thought good by the same assembly ; not excluding 
other persons that will repair to it for propounding, hearing, 
and reasoning. 

31. Answer- 31. This asscmblv is institute, that all things either corn- 
ed before. . . . , . . , ■-; ,. , 

mitted or done amiss m the provmcial assembhes may be 
redressed, and things generally serving for the good of the 
whole body of the Church within the realm may be foreseen, 
entreated, and set forth to God's glory. 

32. The last 32. It should take care that churches be planted in places 

part of the •, i c i 

ferrecfto'^the ^^^l^^^"® they are not planted, and prescribe a rule for the 

headofbish-ppocgeding of the other two sorts of assemblies in all things. 

33.Deferred. 33. This assembly should take heed that the spiritual 
jm'isdiction and civil be not confounded nor abused ; and 
generally touching all weighty affairs that concern the good 
order of the churches within the realm, it ought to interpone 
authority thereto. 

"in'spirituai 34. Thcro is besides these another more general assembly, 

matters. ° 



A. D. 1578.] CHURCH OF SCOTLAND. 245 

which is of all nations, and of all estates of persons within 
the Church, representing the universal Church of Christ, 
which may be properly called the general assembly, or gen- 
eral council of the whole Church of God. 

35. These assemblies were appointed and called together as.Referred. 
specially when any great schism or controversy in doctrine 
did arise in the Church, and were convocated at the com- 
mand of godly emperors, being for the time for avoiding of 
schisms within the universal Church of God ; which, because 
they pertain not to the particular state of our realm, we 
pass by. 

Chap. 8. Of Deacons and their Office, the last ordinary 
Function in the Church. 

1. The word hdcKOVog is sometimes largely taken, as J-^'^^^^g^P" 
comprehending all them that bear office in the ministry and t^^^o^** ^f" 
spiritual function in the Church; but as we now speak, is "^^ f,Jj,'i'"„'iH 
only taken for them to whom the collection and distribu- ^ppVe^ed 
tion of the alms of the faithful and ecclesiastical goods do „" Urrup*-*^ 
belong. _ _ ^:Z^!,. 

2. The office of deacon so taken is an ordinary and per- 
petual function in the Church. Of what properties and 
duties they ought to be that are called thereto, we remit to 
the scriptures. 

3. The deacon ought to be called and elected as the rest 
of the spiritual officers ; and their office and power is to re- 
ceive and distribute the whole ecclesiastical goods to whom 
they are appointed. 

4. This they ought to do according to the judgment and 
appointment of the presbyteries or elderships, of the which 
the deacons are not, that the patrimony of the Church and 
poor be not converted to private men's uses, nor wrongfully 
distributed. 

Chap. 9. Of the Patrimony of the Church, and Distribution 
thereof. 

1. By the patrimony of the Church we understand what- 
soever thing hath been at any time before, or shall be here- 
after, given, or by universal consent or custom of countries 



246 THE HISTORY OF THE [a. D. 1578. 

professing christian religion, applied to the public use and 
utility of the Church. 

2. So that under the patrimony of the Church we com- 
prehend all things given or to be given to the Church and 
service of God ; as lands, buildings, possessions, annual rents, 
and the hke, wherewith the Church is endowed either by 
donations, foundations, mortifications, or any other lawful 
titles of kings, princes, or any persons inferior to them, 
together with the continual oblations of the faithful. 

3. We comprehend also all such things as by laws, 
custom, or use of countries have been applied to tlie use and 
utility of the Church; of which sort are tithes, manses, 
glebes, and the hke ; which by the common and municipal 
laws and universal custom are possessed by the Church, 

4. To take any part of this patrimony by unlawful means, 
and convert to the particular and profane use of any person, 
we hold it a detestable sacrilege before God. 

5. The goods ecclesiastical ought to be collected and dis- 
tributed by deacons, as the word of God appoints, that they 
who bear office m the Church may be provided for, without 
care or solicitude. 

6. In the apostolic Church the deacons were appointed to 
collect and distribute whatsoever was collected from the 
faithful to the necessity of the saints, so as none amongst 
them did lack. 

7. These collections were not only of that which was 
gathered by way of alms, as some suppose, but of other 
goods moveable and unmoveable, of lands and possessions, 
the price whereof was brought and laid at the apostles' feet. 

8. This office continued in the deacons' hands, who intro- 
mitted with the whole goods of the Church till the estate 
thereof was corrupted by Antichrist, as the ancient canons 
bear witness. 

9. The same canons make mention of a fourfold distri- 
bution of the patrimony of the Church ; whereof one part was 
apphed to the pastor, or for his sustentation and hospitality ; 
another to the elders and deacons, and the whole clergy ; 
the third to the poor, sick persons and strangers ; and the 
fourth to uphold the edifice of the Church, and other affairs 
specially extraordinary. 

10. We add hereunto the schools and schoolmasters, who 



A. D. 1578.] CHURCH OF SCOTLAND. 247 

ought and may well be sustained of the same goods, and arc 
comprehended under the clergy : to whom we join clerks of 
assemblies, as well particular as general, procurators of the 
Church affairs, takers up of psalms, and other officers of the 
Church, who are necessary. 

Chap. 10. Of the Offices of a Christian Magistrate in the 
Church. 

1. Although all members of the Church are holden, ac-i. For this 
cording to their vocation, to advance the kingdom of Christ ter°it is'*''''" 
Jesus so far as lies in their power; yet chiefly Christian meeuhat an 
princes, kings and other magistrates are holden to do the presented to 
same, for they are called in the scripture nurses of the and estates. 
Church, because by them it is, or at least ouaht to be, main- punishment 

^ to heap- 

tained and defended against all those that would procure the p,«"''='J ^^"^ 
hurt thereof. r" Y'oie"' 

lirindi on 

2. So it pertains to the office of a Christian magistrate to "nd'nkewise 
fortify and assist the godly proceedings of the Church, and £uc*h immu- 
namely to see that the public estate and ministry thereof be pjivlieges to 
maintained and sustained, as appertains to the word of God. shaii'be 

3. To see that the Church be not invaded or hurt by false vS't!*^""' 
teachers and hirelings, nor the rooms thereof occupied by 

dumb dogs or idle bellies. 

4. To assist and maintain the disciphne of the Church, and 
punish them civill}' that will not obey their censures, without 
confounding the one jurisdiction with the other. 

5. To see that sufficient provision be made for the minis- 
try, schools, and poor ; and if they have not sufficient to 
await upon theu' charges, to supply their indigence with 
their own rents. 

6. To hold hand as well to the safety of the persons from 
injury and open violence, and their rents and possessions, 
that they be not defrauded, robbed, and spoiled thereof; and 
not to suffer the patrimony of the Church to be applied to 
profane and unlawful uses, or to be devoured by idle bellies, 
and such as have no lawful function in the Church, to the hurt 
of the ministry, schools, poor, and other godly uses upon 
which the same ought to be bestoAved. 

7. To make laws and constitutions agreeable to God's word 
for the advancement of the Church and pohcy thereof, with- 



248 THE HISTORY OF THE [a. D. 1578. 

out usurping any thing that pertains not to the civil sword, 
but belongs to the offices merely ecclesiastical ; as the minis- 
try of the word, sacraments, or using the ecclesiastical 
discipline, and spiritual execution thereof, or any part of the 
spiritual keys, which the Lord Jesus gave to the apostles and 
their true successors. 

8. And although kings and princes that be godly, some- 
time by their own authority, when churches are corrupted 
and all things out of order, do place ministers and restore the 
true service of God, after the ensample of some godly kings 
of Judah, and divers godly emperors and kings also in the 
days of the New Testament : yet where the ministry of the 
Church is once well constitute, and they that are placed do 
their office faithfully, all godly princes and magistrates ought 
to hear and obey their voice, and reverence the majesty of 
God speaking by them. 



Chap. 11. 0/ the present Abuses remaining in the Church, 
luhich are desired to be reformed. 

1. As it is the duty of the godly magistrate to maintain 
the present liberty which God hath granted by preaching of 
the word and the true ministration of the sacraments within 
this realm ; so it is to provide that all abuses which as yet 
remain in the Church be removed and taken away. 

2. Therefore first the admission of men to papistical titles 
of benefices, such as serve not nor have any function in the 
reformed Church of Christ, as abbots, commendators, priors, 
prioresses, and other titles of abbeys, whose places are now 
by the first judgments of God demohshed, and purged of 
idolatry, is plain abusion, and not to be received in the king- 

L^esty'and dom of Christ amongst us. 

suppHcafed 3, In like manner, seeing they that were called of old the 

for dissolu 



of th^ese chapters and convents of abbeys, cathedral-churches, and the 
mfni's- like places, serve for nothing now but to set feus and leases 



preli 
tliat 

provided to of church-lands (if any be left) and tithes, to the hurt and 
churches, at prejudice thereof, as daily experience teaches, the same ought 

the death 
the preseii 



the death of to bo Utterly abolished and abrogated. 

4. Of the like nature are the deans, archdeacons, chantors, 
over?^*^ ^ubchantors, thesaurers, chancellors, and others, having the 



A. D. 1578.] CHURCH OF SCOTLAND. 249 

like titles, which flowed from the pope and canon law only, 
and have no place in the reformed church. 

5. The churches also which are united and joined together s. passed 
by annexation to benefices ought to be separated and divided, 

and given to qualified ministers, as God's word requires : 
neither ought such abusers of the patrimony of the Church 
have voice in parhament, nor sit in council in name of the 
Church and churchmen, to the hurt and prejudice of the 
liberty thereof, and laws of the realm made in favours of the 
reformed church. 

6. Much less is it lawful that one person amongst these 6- f^l^J^^ 
should have five or six, ten or twenty churches, all having the dissolution. 
cure of souls, and enjoy the patrimony thereof, either by ad- 
mission of the prince or of the Church in this light of the 
gospel ; for it is but mockery to crave reformation where the 

like have place. 

7. And albeit it was thought ffood, for avoiding greater in- 7. An act to 

^ be sought 

conveniences, that the old possessors of such benefices who fordisponing 

i , . these united 

embraced the religion should enioy by permission the two '''i"r«*'es »», 

o tj ti i. ^ ministers af- 

parts of the rents which they possessed before, during their ^fthr^r'^-* 
Hfetime ; yet it is not tolerable to continue in the like abuse, s^g.^"'**^ 
and give these places and other benefices of new to men, as 
unmeet, or rather unmeeter, who have no mind to serve in 
the Church, but live an idle hfe, as others did who enjoyed the 
same in time of blindness. 

8. And whereas, by the order taken at Leith, 1571, it ap- g. Referred, 
pears that such may be admitted, being found quahfied; 
either that pretended order is against all good order, or else 

it must be understood not of them tliat are quahfied for 
worldly affairs, or to serve in court, but such as are qualified 
to teach God's word, and have their lawful admission of the 
Church. 

9. As to bishops, if the name be properly taken, it is all ^•J^''„Vt*he 
one with the name of minister, as was before declared ; for it ^I'^lfl ^^• 
is not the name of superiority or lordship, but of office and 
watching. Yet because in the corruption of the Church this 
name hath been abused, and is like to be, we cannot allow 

this fashion of these new chosen bishops, nor of the chapters 
that are their electors to such an office. 

10. True bishops should addict themselves to one particular in. Agreed 

J^ • 1 1 1 J 1 * bishops 

flock, which divers of them refuse ; neither should they ji^'J^j^l^J^ 



350 THE HISTORY OF THE [a. D. 1578. 

usurp lordship over their brethren and the inheritance of 

Christ. 
11. and 12. 11. Pastors, in so far as they are pastors, have not the 
cese be^di-°" visitation of more churches joined to the pastorship, unless it 
such sort as be Committed to them. 
reSonawT 12. It is a comiDtion that bishops should have farther 

visit; and . . , .'^ 

for the per- bouuds to visit nor they may couveniently overtake ; neither 

petuity of ... 

visitors it is ought any man to have the visitation of churches but he that 

referred to O J 

son\n*"*''" ^^ chosen by the presbytery. 

13. Passed 13. The eldcrsliips Avell established have power to send out 

visitors with commission to visit the bounds within their elder- 
ship, and after account taken be either continued or changed 
from time to time, being subject always to their elderships. 

14. Agreed. 14. The Criminal jurisdiction in the person of a pastor is a 

corruption. 

15. Passed 15. It agrocs not with the word of God, that bishops 

should be pastors of pastors, or pastors of many flocks, and 
yet be without a certain flock, and no ordinary teacher ; nor 
doth it agree with the scripture, that they should be exeemed 
from the correction of their brethren, and the discipline of the 
particular elderships of the church where they shall serve ; 
neither that they usurp the oflice of visitation of other 
churches, nor any other function besides that of other minis- 
ters, unless the same be committed to them by the Church. 

16. Passed 16. Heretofore we desire the bishops that now are, either 
''^^' to agree to that order which God's word requires, and not 

to pass the bounds prescribed by the general Church, either 
in civil or ecclesiastical affairs, or to be deposed from all func- 
tion in the Church. 

17. Agreed. 17. We deny not in the mean time that ministers may and 

should assist their princes, when they are required, in all 
things agreeable to the word of God, whether it be in coun- 
cil or parliament, or out of council : providing always they 
neither neglect their own charges, nor through flattery of 
princes hurt the public estate of the Church. 
i«.Referrcd. 18. But generally we say, that no pastor under whatso- 
ever title of the Church, and specially the abused titles in 
popery, of prelates, chapters, and convents, ought to attempt 
anything in the Church's name, either in council or parlia- 
ment, or out of council, without the commission of the 
reformed church within this realm. 



A. D. 1578.] CHURCH OF SCOTLAND. 251 

19. It is provided by act of pai'liament, that the papistical 19. Agreed 
church and jurisdiction shall have no place within this realm, bemadethlt 
and that no bishop nor prelate should use any jurisdiction in diminish the 

n • f ^ 1 • iTi . patrimony 

time coming flowing from the pope's authority : and hkewise of t^'^^^^ 
that no other ecclesiastical jurisdiction should be acknowledged 
within this realm, but that Avliich is and shall be in the re- 
formed church, and flowing from the same. And such we 
esteem the chapters holden in papistical manner, either of 
cathedral-churches, abbeys, colleges, or other conventual 
places, usurping the name and authority of the Church, to 
hurt the patrimony thereof, or using any other act to the 
prejudice of the same since the year 1560, by abusion and 
corruption, contrary to the hbcrty of the Church and laws of 
the realm ; which therefore ought to be annulled, reduced, 
and in time coming utterly discharged. 

20. The dependences also of the papistical jurisdiction are gn. That the 
to be abolished, of which sort is the mingled jurisdiction of ^se wh^t^" 
the commissars, in so far as they meddle with ecclesiastical atlohl^''^ 
matters, and have no commission of the Church thereto, but thTcom^s- 
were elected in time of our sovereign's mother, when things ^"' 
were out of order. It is an absurd thing that divers of them, 
having no function m the Church, should be judges in deposing 
ministers from their places. Wherefore they would be either 
discharged to meddle with ecclesiastical matters, or it would 

be limited to them in what matters they might judge, and 
not hurt the liberty of the Church. 

21. They also that before were of the ecclesiastical estate 21. Answer- 
in the pope's church, or that are admitted of new to the *^ ''^'"''^' 
papistical titles, and now tolerated by the laws of the realm 

to possess the two parts of their ecclesiastical rents, ought 
not to have any farther liberty, but to intromit with the por- 
tion granted and assigned to them for their lifetimes, and not 
under the abused titles which they carry to dispone the 
church-i'ents, setting in feus and leases the same at their 
pleasure, to the great hurt of the poor labourers that dwell 
upon the church-lands, and the prejudice of the Church, con- 
trary to good conscience and all order. 

Chap. 12. Special Heads craved to be reformed. 
1. Whatsoever hath been spoken of church oflices, thej^^g^^^^ 
several power of oflice-bearers, their conjunct powers, and 



252 THE HISTORY OF THE [a. D. 1578. 

last of the patrimony of the Church, we understand it to be 
the right reformation which God requires, but because some- 
thing would be touched in particular concerning the estate of 
the country, and that which we crave presently to be re- 
formed in the same, we have collected them in the heads 
following : — 

2. Agreed. 2. Seeing the whole country is divided in provinces, and 

these provinces in parishes, as well to landward as in towns, 
in every parish and reasonable congregation there would be 
placed one or more pastors, and no pastor or minister be bur- 
dened with the charge of more churches than one allenarly. 

3. Agreed. 3. And bocause it will be thought hard to find out minis- 

ters to all the parish churches of the realm, we think, by the 
advice of such as the prince or Church may appoint, parishes 
in small villages, or to landward, may be united, and the 
principal or most commodious church, at which the minister 
resides, repaired sufficiently ; the rest that are not found 
necessary being suffered to decay, and the church-yards re- 
served for burial-places. As also where the congregation is 
too large, the same would be divided. 

4. Agreed. 4. Doctors would be appointed in universities, colleges, and 

other places needful for opening the scriptures, and teaching 
the rudiments of religion, who would also be sufficiently 
provided. 

5. Deferred ^- As to cldors, there would be in every congregation one 
jota^g^'of 01' more appointed for censuring of manners, but not an as- 
churches. gembly of elders, except in towns and famous places, where 

men of judgment and abihty may be had : And these to have 
a common eldership placed amongst them, to treat of all 
things that concern the congregations of whom they have the 
oversight. 

6. Agreed as 6. And as there ought men to be appointed for the dividing 

depending ,. ° iit . i 

on the for- or unituig of panshos, as need and commodity requn^es ; so by 
the general Church, with the consent of the prince, some 
that fear God, and know the estate of the countries, would 
be chosen to design the places where the particular elderships 
should convene ; taking consideration of the dioceses, as they 
were divided of old, and of the estate of the countries and 
provinces, 
over^^he 7. Likowiso concorning provincial and synodal assembUes, 
provincial cousideration would be taken how many, and in what places 

assemblies. " 



A. D. 1578.] CHURCH OF SCOTLAND. 253 

they should convene, and how often ; the same must be re- 
ferred to the liberty of the general Church. 

8. The national assemblies, called commonly the general, before!**^ ^' 
ought to be maintained in their liberty, and have their own 

place, with power to the Church to appoint times and places 
of meeting ; and all men, as well magistrates as subjects, be 
subject to their judgment in causes ecclesiastical, without 
reclamation or appellation to any judge, civil or ecclesiastical. 

9. The liberty of electing persons to ecclesiastical func- ^\^f^ll^ f 
tions, observed without interruption so long as the Church 

was not corrupted by Antichrist, we desire to be restored and 
retained within this realm ; so as none be intruded upon any 
congregation, either by the prince or any other inferior per- 
son, without lawful election and the assent of the people over 
whom the person is placed, according to the practice of the 
apostolic and primitive church. 

10. And because this order cannot stand with patronages lo.Referred. 
and presentation of benefices used in the pope's church, we 

desire all those that truly fear God to consider that patron- 
ages and benefices have no ground in the word of God, but 
ai-e contrary to the same, and to the liberty of election of 
pastors, and ought not now to have place in the light of re- 
formation. And therefore whosoever will embrace the light 
of God's word, and desires the kingdom of his son Jesus 
Christ to be advanced, would also embrace and receive the 
policy Avhich the word of God craves, otherwise it is in vain 
that they have professed the same. 

11. Notwithstanding, for other patronages of benefices not "u'^jfj^t^e 
having curam animarum, such as chaplainries, prebendaries, paruament. 
founded upon temporal lands, annuals, or such like, they may 

be reserved to the ancient patrons, and be disponed by them 
to scholars, bursars, when they fall void, as they are required 
by act of parUament. 

12. As to the church-rents in general, we desire that JotKSd*^ 
order be maintained and admitted which may stand with the ofdeacoi^s. 
sincerity of God's word and practice of the Church of Christ 

in the purest times thereof : that is, that the whole patrimony 
of the Church (the small patronages before mentioned being 
excepted) may be divided in four portions, one thereof to be 
assigned to the pastor for his entertainment and keeping hos- 
pitality ; another to the elders, deacons, and other officers of 



254 THE HISTORY OF THE [a. D. 1578. 

the Church, as clerks of assembhes, takers up of psalms, 
beadles, and keepers of the Church, so far as they are ne- 
cessary, joining therewith the doctors of schools, for help of 
the old foundations where need requires ; the third portion 
to be bestowed upon the poor members of Christ ; and the 
fourth upon the reparations of churches, and other extraor- 
dinary charges, that are profitable to the Church and com- 
monwealth. 

13. We desire therefore the ecclesiastical goods to be up- 
lifted and faithfully distributed by the deacons, to whose 
office the collection and distribution belongeth, that the poor 
may be answered of their portion, the ministers not distracted 
from their callings, and the rest of the thesaurie of the Church 
bestowed upon the right uses. 

14. If these deacons be elected with such qualities as God's 
word requires, there is no fear to be taken of their abuse ; 
yet because this vocation appears to be dangerous to many, 
let them be obliged, as they were of old, in an yearly account 
to the pastors and eldership ; and, if the Church and the 
prince think expedient, let surety be found for their fidehty, 
and that the church-rents shall no way be dilapidated. 

15. And to the effect this order may take place, all other 
intromitters with the church-rents, collectors general or 
special, whether by the appointment of the prince or other- 
wise, must be discharged of farther intromission, and suffer 
the church-rents hereafter to be wholly intromitted with by 
the deacons, and distributed to the uses before mentioned. 

16. And also to the effect that the ecclesiastical rents may 
suffice to these uses, we desire all alienations by feus or leases 
of the rents of the Church, as well lands as tithes, in diminu- 
tion of the old rentals, to be reduced and annulled, and the 
patrimony of the Church fully restored. As likewise that in 
time coming the tithes be set to none but to the labourers of 
the ground, as was agreed, and subscribed by the nobility, or 
then not set at all. 

Chap. 13. The Conclusion, showing the Utility that shall 
flow from this Reformation to all Estates. 

1. Seeing the end of this spiritual government and policy 
is, that God may be glorified, the kingdom of Jesus Christ 



A. D. 1578.] CHURCH OF SCOTLAND. 255 

advanced, and they who are of his mystical body live peace- 
ably, keeping a good conscience ; we do boldly affirm that all 
who have true respect to these ends will even for conscience 
cause gladly agree, and conform themselves to this order, 
advancing the same so far as lies in them ; that their conscience 
being set at rest, they may be replenished with spiritual 
gladness in giving full obedience to God's word, and refusing 
all corruption contrary to the same. 

2. Next, this realm shall become an example and pattern of 
good and godly order to other nations, countries, and 
churches professing the same religion; that as they have 
praised God for our continuing in the sincerity of the word 
without all errors, so they may have the like occasion when 
we shall conform ourselves to that discipline, policy, and 
good order which the same word and purity of reformation 
craves at our hands : otherwise that fearful sentence may be 
justly said to us, " That servant that knoweth the will of his 
Master, and doth it not," &c. 

3. Moreover, if we have any pity or respect of the poor 
members of Jesus Christ, who so greatly increase and multiply 
amongst us, we will not suffer them to be longer defrauded 
of that part of the patrimony of the Church that justly be- 
longeth to them. And by this order, if it be duly put in 
execution, the burden of the poor shall be taken off the 
comitry, and the streets cleansed of their cryings and mur- 
murings, so as we shall not be any more a scandal to other 
nations, as we have hitherto been. 

4. Besides, it shall be a great ease and commodity to the 
whole commons, relieving them of the building and repairing 
of their churches, bridges, and other like public works ; it 
shall bo a relief to the labourers of tlie ground in payment of 
their tithes, and all other things wherein they have hitherto 
been rigorously used by them that were falsely called church- 
men, and their taskmen, factors, chamberlains, and extor- 
tioners. 

5. Finally, to the king's majesty and estate this profit 
shall redound, that the affairs of the Church being sufficiently 
provided according to the foresaid distribution, the superplus 
may be liberally bestowed for the supporting of the prince's 
estate, and the affairs of the commonwealth. 

6. So to conclude, all being willing to apply themselves to 



256 THE HISTOIIY OF THE [a. D. 1578. 

this order, the people suffering themselves to be ruled ac- 
cording thereto, the princes and magistrates not exempted, 
and they that are placed in the ecclesiastical estate ruling and 
governing rightly, God shall be glorified, the Church edified, 
and the bounds thereof enlarged, Christ Jesus and his king- 
dom advanced, Satan and the kingdom of darkness subverted, 
and God shall dwell in the midst of us to our comfort in 
Jesus Christ, who with the Father and Holy Ghost abideth 
blessed in all eternity. Amen. 

This was the form of policy presented to the parliament, 
and the effect of the commission granted for the same. 
Such general heads as did not touch the authority of the 
king, nor prejudge the liberty of the estate, were easily 
agreed. The rest were passed over or deferred, as we have 
seen, to farther reasoning ; which could not after this time 
be obtained of the council, one excuse or other being still 
pretended. The ministers perceiving they would not speed 
this way, did in their next Assembly resolve to put their 
conclusions in practice, without insisting any more for rati- 
fication thereof. And beginning with Mr James Boyd, 
archbishop of Glasgow, whom they hoped to find most tract- 
able, he was desired to submit himself to the Assembly, and 
to suffer the corruptions of the episcopal estate to be re- 
formed in his person. After long reasoning kept with him 
by the moderator David Ferguson and some others, he pre- 
sented this answer in writing. 

" I understand the name, office, and reverence given to a 
bishop to be lawful and allowable by the scriptures of God ; 
and being elected by the Church and king to be bishop of 
Glasgow, I esteem my calling and office lawful, and shall 
endeavour with all my power to perform the duties required, 
submitting myself to the judgment of the Church, if I shall 
be tried to offend, so as nothing be required of me but the 
performance of those duties Avhicli the apostle prescribeth. 
As to the rent, living, and privileges granted to me and my 
successors, I think I may lawfully and with a good conscience 
enjoy the same. And for assisting the king with my best 
service in council and parHament, as my subjection ties me 
thereto, so I esteem it no hurt, but a benefit to the Church, 
that some of their number should be always present at the 



A. D. 1578.] CHURCH OF SCOTLAND. 257 

making of laws and statutes ; wherein for myself I neither 
intend, nor by the grace of God shall ever do anytliing but 
that which I believe may stand with the purity of the word 
of God, and the good of the Church and country." 

This answer read in open Assembly was judged insufficient, 
and he required to bethink himself better, and be present in 
the afternoon. But he excusing himself, retui'ned not to the 
Assembly : whereupon commission was given to Mr Andrew 
Hay, Mr Andrew Melvill, and some brethreu in the west, 
to urge his subscription to the act made at Stirling for re- 
formation of the estate episcopal ; and, if he did refuse, to 
proceed against him with the censures of the Church. The 
bishop taking grievously these proceedings, and having re- 
ceived about the same time a great wrong at the hands of 
his cousin Robert Boyd of Baldinheth, by the demolishing 
of the house of Lock wood, which is in the barony of Glasgow, 
contracted a melancholy, whereof he died not long after at 
Glasgow. Nothing did more grieve him than the ingratitude 
of Mr Andrew Melvill and his uncourteous forms. He had 
brought the man to Glasgow, placed him principal in the college, 
bestowed otherwise liberally upon him, and was paid for this 
his kindness with most disgraceful contempt. In private and 
at the bishop's table (to which he was ever welcome) no man 
did use him with greater respect, giving him his titles of 
dignity and honour ; but in the public meetings, where he 
owed him greatest reverence, he would call him by his 
proper name, and use him most uncivilly. The commission 
of the Assembly he exerced with all rigour, and by threaten- 
ing the bishop with the censures of the Church, induced him 
to set his hand to certain articles which, as he professed in 
his sickness, did sore vex his mind ; yet being comforted by 
Mr Andrew Polwart, sub-dean of Glasgow, he departed this 
life in great quietness. He was a wise, learned, religious 
prelate, and worthy to have lived in better times than he 
fell into. His corpse was solemnly buried in the quire of the 
cathedral, and laid in the sepulchre of Mr Gavan Dunbar, 
one of his predecessors. 

The small respect carried to bishops in these assembhes of 
the Church made them to dishaunt and come no more unto 
the same. Yet matters went on ; and because the arch- 
bishop of St Andrews did absent himself, commission was 

VOL. n. 17 . 



258 THE HISTORY OF THE [a. D. 1578. 

given to certain of their number to call him before them, and 
charge him to remove the corruptions in the estate of bishops 
in his own person, which they reckoned to be seven ; ordaining 
him, and the bishops that would submit themselves to cor- 
rection, to set their hands to the conditions following : — 

1. That they should be content to be ministers and pastors 
of a flock. 

2. That they should not usurp any criminal jurisdiction. 

3. That they should not vote in parliament in name of the 
Church, unless they had a commission from the General 
Assembly. 

4. That they should not take up, for maintaining their am- 
bition, the rents which might maintain many pastors, 
schools, and poor, but content themselves with a reason- 
able portion for discharging their office. 

5. That they should not claim the title of temporal lords, 
nor usurp any civil jurisdiction, whereby they might be 
withdrawn from their charge. 

G. That they should not empire over presbyteries, but be 
subject to the same. 

7. That they should not usurp the power of presbyteries, 
nor take upon them to visit any bounds that were not com- 
mitted to them by the Church. 

Lastly, it was provided, that if any more corruptions should 
afterwards be tried, the bishops should agree to have 
them reformed. 

What troubles hereupon arose, both in the Church and 
country, we shall afterwards hear. 

In Glasgow the next spring there happened a little dis- 
turbance by this occasion. The magistrates of the city, by 
the earnest dealing of Mr Andrew Melvill and other minis- 
ters, had condescended to demolish the cathedral, and build 
with the materials thereof some little churches in other parts, 
for the ease of the citizens. Divers reasons were given for 
it ; such as the resort of superstitious people to do their 
devotion in that place ; the huge vastness of the Church, 
and that the voice of a preacher could not be heard by the 
multitudes that convened to sei'mon ; the more commodious 
service of the people ; and the removing of that idolatrous 



A. D. 1578.] CHURCH OF SCOTLAND. 259 

monument (so they called it), which was of all the cathedrals 
in the country only left uuruined, and in a possibility to be 
repaired. To do this work, a number of quarriers, masons, 
and other workmen was conduced, and the day assigned 
when it should take beginning. Intimation being made 
thereof, and the workmen by sound of a drum warned to go 
unto their work, the crafts of the city in a tumult took 
arms, swearing with many oaths, that he who did cast down 
the first stone should be buried under it. Neither could 
they be pacified till the workmen were discharged by the 
magistrates. A complaint was hereupon made, and the 
principals cited before the council for insurrection : where 
the king, not as then thirteen years of age, taking the pro- 
tection of the crafts, did allow the opposition they had made, 
and inhibited the ministers (for they were the complainers) 
to meddle any more m that business, saying, " That too 
many churches had been already destroyed, and that he would 
not tolerate more abuses in that kind." 

A little before this time the abbot of Dunfermline, being 
returned from England, related in council the effects of his 
negotiation, and was approved by all. For that which he 
had in commission touching the Lady Lennox, he remitted 
the answer to the queen's own letters dehvered to the king. 
Concerning the disorders fallen out in the borders, the queen, 
he said, did accept the excuse he made in good part, saying, 
she was assured that both the king and council were offended 
therewith, and that she was content the same should be re- 
dressed by the advice of the wardens on both sides ; onl}^ de- 
sired that in time coming the king would make choice of Avise 
and experienced men, incUned to peace and justice, to com- 
mand in those parts. As to the league, he declared that the 
queen had a good incUnation unto it, holding the same a most 
sure means to repress the practices of enemies both at home 
and abroad : But in regard he had no warrant to descend 
into particulars, he had abstained from any dealing therein, 
and could not but testify that he saw in her a great care of 
the king his good estate, and that both he and his message 
were most kindly accepted. 

The king in this meantime, to pacify the borders which 
were broken loose, chiefly in the west parts, gave the Lord 
Ruthvcn a commission of lieutenandry, which he discharged 



260 THE HISTORY OF THE [a. D. 1579. 

with great commendation ; and bringing with him the Lord 
Maxwell, who was warden of the bounds, returned to Stirling 
the twentieth of January. A frequent council was there kept 
for the time, wherein the Lord Maxwell being challenged 
of negligence in his office, did answer, " That he had only 
the title of a warden, and that the limitations of his charge, 
and the exemptions granted to the gentlemen of the country, 
made the office needless and contemptible. But if the king 
should be pleased to discharge the exemptions, and give him 
a free commission, such as his predecessors were wont to 
have, he should strive to do his best service to his majesty 
and the country." This answer was not well taken, and the 
Lord Herries (as one known to have greatest experience in 
these matters) being desired to give his opinion, delivered the 
same in a long speech to this purpose. " Your majesty," 
said be, " hath in dehberation a business of great importance, 
whereof it were more fitting any man should give his opinion 
than 1, by reason of the suspicion I stand in with the present 
warden ; for what I say will be interpreted to proceed of 
spleen, and of a desire to have the charge taken from him, and 
not of any care I take of your majesty's service, or the good and 
benefit of the country : yet seeing your majesty commands me 
to speak, I will rather hazard on such misinterpretings, than 
keep back anything which I know to be useful and necessary 
for the errand. And what I speak, I desire it to be under- 
stood of the west marches only, to which my experience 
chiefly reacheth. But because the evils would first be known, 
I will begin at them, and then propone the fittest and most 
easy remedies to my conception. Sire, a little before the 
death of your majesty's noble grandfather. King James the 
Fifth, some few disloyal subjects of this realm fleeing into 
England, did plant themselves in a parcel of waste ground 
that lies opposite to the west borders of Scotland, and being 
maintained by the English grew unto such numbers, and 
became so insolent, as they made daily incursions upon the 
country. Your majesty's grandfather did hereupon employ 
certain forces against them, intending to sack and destroy 
their houses, and make them unable from thenceforth to 
annoy his subjects. But these forces not being rightly 
governed, and lacking the provision that was required for 
such an enterprise, were put to the worse, and shamefully 



A. D. 1579.] CHURCH OF SCOTLAND. 261 

discomfited. At that time, what by ransoming prisoners, 
what by the spoil they got, they gained above one hundred 
thousand marks, wherewith, and by the depredations they 
have made since that time, they are become wealthy, have 
built eight or nine strong houses upon the frontiers of your 
realm, that no warden's power is able to force. They have 
joined in alliance with divers of our own borderers, as wickedly 
disposed as themselves, and are so feared, that every man is 
glad of their friendship, without which none is thought to 
have any surety either of life or goods. When your grand- 
father departed this life, which was in the year 1542, they 
did not exceed the number of twenty or thirty men at most. 
Now they are grown to three or four hundred, dwell nigh 
to others, are well armed, have good horses, and upon a 
simple shout are ready to join in defence one of another. 
The borderers on the Scots side are not in this condition ; 
for the space of twenty miles there is not a strength in which 
an honest man may sleep safe, no town nor stronghold to 
retire unto in time of necessity, neither is the country 
populous, nor is it fruitful, the ground being a pasture ground, 
barren, and profitable only for bestial ; the people that in- 
habit the same poor, unruly, and not subject to order. So 
what for the number of these wicked men that live in the 
English borders, what for the ill disposition of our own, it is 
a charge most difficult to guard these marches, and to contain 
the people from doing or receiving wrong. The only remedy 
in this time of peace is, to keep our own countrymen in awe 
and fear of justice, so as neither they break loose themselves, 
nor have any dealing with their neighbours under hand in 
their wicked practices. And how this may be done most surely, 
your majesty and this honourable council is to think ; my 
opinion I .have set down in some articles, which I humbly 
submit to your majesty's and council's censure." 

Having thus spoken, he presented a writing containing these 
heads : — 

1. That the warden should make his residence in Lochmaben 
with his family ; and if in the winter season he made his 
stay in Dumfries, he should depute a sufficient gentleman 
for holding courts of justice weekly, according to the 
ancient form. 



262 THE HISTORY OF THE [a. D. 1579. 

2. That the warden should be assisted with five or six of 
the wisest men in the country, of which number two should 
be of the name of Johnston ; and lest their chief should 
think the warden's proceedings against his followers partial, 
and done out of old rancour, that a moderate course should 
be kept in the confiscation of their goods, the half being 
allowed to the wives and children of them that should 
happen to be convicted and executed, and the other half 
disponed to the laird of Johnston himself. 

3. That the barons and landed men within the bounds should 
present their tenants and servants as they should be re- 
quired, and no man be excused or exempted. 

4. That the Lords Carhsle and Herries, the lairds of Drumlan- 
rig, Applegarth, Lagge, and Johnston, should remain nigh 
to the warden ; and when the Lord Maxwell hath not the 
charge, that he be obliged to dwell in the house of Langholm ; 
or if he be warden himself, that he maintain a captain therein 
with twelve horsemen to be ready upon all occasions. 

5. That the warden be allowed a guard of twenty -four horse- 
men with their captain, who shall be laid in the town of 
Annan, 

6. That the king's houses of Lochmaben and Annan, with 
the watch-tower called Repentance, be repaired, a great 
bell and fire-pan put into it, with some honest man to 
watch and give warning to the country where the fray is, 
and a husband land allowed him for his service. 

7. That the lands called the debateable lands be visited, that 
it may bo known how much thereof is claimed by the broken 
men of the country to be their steadings, and security taken 
of them for keeping good order. 

8. That days of truce be kept every forty days once, or 
within two months at least, and such as shall be found to be 
robbed of their goods be redressed to the double, and with 
safer, according to the law of marches. 

Lastly, that his majesty every year in the month of Sep- 
tember send one or two of the council to try the estate of 
the country, what duty the warden doth, and if the barous 
and landed men do give their assistance ; that where any 
defect is found the same may be punished. 

At these articles the Lord Maxwell took exception, espe- 



A. D. 1579.] CHURCH OF SCOTLAND. 263 

cially at the first and second : for the house of Lochmaben 
he said was his own, as heritable steward of Annaudale ; and 
that any part of the escheats should be given to the laird of 
Johnston, he held it prejudicial to the warden's ofiice, and 
said it would be an occasion for other barons to suit the like. 
But that which did most displease him (though this he dis- 
sembled) was, that any should be joined with him as assisters, 
for he would needs be absolute in these parts, and have all to 
depend of him ; which ambition he still nourished, and there- 
by in end wrought his own ruin. Yet the king, not wilHng 
to displace him (for he understood his power to be great in 
these marches), made offer to continue him in the charge, and 
to allow him a company of twenty-four horsemen with a cap- 
tain for repressing the outlaws, upon three conditions. First, 
that he should take the advice of the barons of the country 
in all affairs, and proceed in the ministering of justice by their 
counsel. Next, that none should be declared fugitives but by 
their consents. And, thirdly, that the servants of landed 
men should not be apprehended, till their masters were first 
charged to exhibit them, unless they were taken in the fact, 
and, as they speak, with the red hand. He excusing himself, 
and professing a great willingness to give his attendance to 
any other whom his majesty should appoint, the Lord Her- 
ries was chosen warden, and the custody of the west marches 
committed to him. 

In the beginning of this year (to wit, upon the twenty- 
fourth of April) the earl of Athole died at Kincardine of a 
sickness contracted in Stirling, where he and some other 
noblemen had been feasted by the earl of Morton ; and, as 
report speaketh always the worst of great men's deaths, so 
the rumour at this time went, that Morton had made him 
away by poison ; which his lady and friends did so strongly 
apprehend, as when the council was examining the physi- 
cians that embalmed his corpse, whether they perceived any 
sign of poison at his unbowelling, they took open protesta- 
tion, that the trial of the council should not prejudge the 
criminal pursuit which they intended before the justice. And 
albeit the physicians did, upon their oaths, declare that his 
death was not caused by any extraordinary mean, yet the 
scandal was fostered a long time by a sort of rhyming libels, 
which were afterwards tried to be composed by one Turnbull, 



264 THE HISTORY OF THE [a. D. 1579. 

a schoolmaster at Edinburgh, and another called William 
Scot, who were executed for the same at Stirling in the end 
of the summer. 

A consultation was held at the same time in Stirling for 
punishing the murderers of the two regents, which by the 
edict of pacification was delayed unto the king his assuming 
of the government in his own person. Touching the form of 
proceeding, the opinions of those that were privy to the busi- 
ness were different : for some thought that the persons who 
were suspected should be summoned to a day, and form of 
process kept with them ; others judged that there needed no 
such formahty, seeing the authors were known, and the sen- 
tence 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 com- 
mission should be given to some noblemen that had power, 
and affected the business, to apprehend them. This commis- 
sion was given to the eai'ls of Morton, Mar, and Eglinton, 
and to the lords of Ruthven, Cathcart, 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 Eng- 
land. 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 be- 
longed to the earl of Arran their elder brother, and were 
possessed by the Lord Hamilton as administrator to his 
brother, because of his decease. The earl of Arran himself 
they had kept in the castle of Draffan, attended by some ser- 
vants, 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 
court's disposing. Jo this effect it was devised, that a com- 
plaint should be preferred in the name of the earl of Arran 
and his majesty's advocates, bearing the miserable condition 



A. D. 1579.] CHURCH OF SCOTLAND. 265 

of the said earl, and how he was detained in close prison by 
his two brothers without fire, air, and the company of his 
honest friends ; his living violently possessed by the conimen- 
dator of Aberbrothock, his sheriffship of Lanark 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 intoler- 
able wrong to use him in that sort. Therefore desired letters 
to be directed for his exhibition before the council, 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 suflicing to work their ends, the disobedience of the 
keepers in not rendering the strengths, when they were 
charged, was made the earl's crime, and he found to have 
incurred the pain of treason ; an act of the greatest injustice 
that could be done. Not the less upon this ground were both 
the castles at that time demolished, and Captain James Stewart 
afterwards preferred to the earldom of Arran. 

Whilst these things were doing, Monsieur Nau, a French- 
man, secretary to the queen of Scots, came to Stirhng with 
letters and some presents to the king ; but, because in the 
superscription of the letters he was only entitled prince of 
Scotland, the messenger was denied access, 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 council when they should be called. 
Dame Margaret Lion, countess of Cassils, who not long be- 
fore had married the commendator of Aberbrothock, was 
suffered to possess the jointure she had by her first husband 
upon the hke condition. And because many were put in fear 
by this proceeding, that the pacification of Perth should be 
altogether annulled, his majesty made a public declaration, 
" That what was done in the present pursuit, was only for 
punishing the murder of his father and regents (unto which 
both in honour and conscience he was tied), and that no 



266 THE HISTORY OF THE [a. D. 1579. 

article of the pacification should be infringed or called in 
question. 

In the beginning of July the earl of Athole's funerals were 
performed with great solemnity, and his body interred in the 
church of St Giles at Edinburgh ; after which Colin, earl of 
Argyle, was created chancellor in his place. The king then 
resolving to show himself to his people, and to fall into the 
exercise of his princely authority, caused proclaim a parlia- 
ment to be kept at Edinburgh the twentieth of October. 

Whilst things were preparing for his remove, the Lord 
D' Aubigny arrived from France of purpose to visit the king, 
as being nigh of blood, and cousin-german to his father. The 
king receiving him kindly, after a few days' entertainment at 
Stirhng took him in company to Edinburgh, when he grew 
into such favour by his courteous aud 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 recompense, the title of the 
earldom of March. Soon after the abbacy of Aberbrothock, 
which was fallen by Lord John Hamilton's forfeiture, was 
bestowed on him, and he preferred to be one of the privy- 
council. 

This sudden and unexpected preferment got him much 
hatred, and being of the Roman profession, his enemies filled 
the country with rumours that he was sent from France only 
to pervert the king in his religion. Not the less in the par- 
liament, which held at the time appointed, divers good acts 
were made in favour of the Church; but the matter of juris- 
diction, which the ministers did chiefly urge, was put off to a 
new commission. Some months before, the king had required 
them, by a letter directed with John Duncanson 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 lettei', went to examine the conference kept at 
Stirhng the year preceding ; and whereas in that conference 
divers heads were remitted to a farther consultation, they 
ordained nothing to be altered either in form or matter of 
that which amongst themselves was concluded. They farther 
called the archbishop of St Andrews in question for granting 



A. D. 1580.] CHURCH OF SCOTLAND. 267 

collations upon some benefices, and for giving voice in parlia- 
ment, 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 m former times, and upon the 
complaint of persons who otherwise deserved not much re- 
gard (that the Church might find in what need they stood of 
his favour), he suifered divers sentences to pass in council, 
suspending their censures and excommunications. 

This dissension betwixt the king and the Church brought 
with it many evils ; for, upon the notice of it, divers Jesuits 
and priests did resort into the country, and at home such as 
were popishly affected began openly to avow their profession. 
In St Andrews, Mr Nicholl Burn, professor of philosophy in 
St Leonard's College, made open apostasy from the truth ; 
as Mr Archibald and John Hamilton, regents in the new 
college, had (not long before) done. In Dumfries, Mr 
Ninian Dalyell, schoolmaster, did read to his scholars the 
Roman catechism ; and in Paisley a number of papists assem- 
bhng together, did in derision sing a soul-mass for the minis- 
ters, as if they and their religion had been utterly gone. 
These things being complained of, and not much hearkened 
to, the ministers in their sermons fell to regret the counte- 
nance given to papists in the court, and the dangers wherein 
both the king and country were brought by the secret prac- 
tices of the French. 

The king, to stay these declaimings, which he knew to be 
made against the earl of Lennox, called the ministers to 
Edinburgh, and showed them what travail he had taken to 
convert his cousin, and how he had obtained his consent for 
taking a minister in his house, which would be to good pur- 
pose, and serve both to debar Jesuits from access to the noble- 
man, and win him by conference to a greater liking of the 
truth, desiring therefore that one of their number might be 
appointed for some short space to attend him. Mr David 
Lindsay, then minister at Leith, being held the fittest, as 
well for his skill in the French tongue as for his moderation 
otherwise, was with the king's approbation nominated to this 
service ; by whose labours the nobleman was brought in a 
short space to join himself to the Church, and openly in St 
Giles to renounce the errors wherein he had been educated. 
Yet did not this remove the jealousies of the people, which 



268 THE HISTORY OF THE [a. D. 1580. 

were increased by the intercepting of certain dispensations 
sent from Rome ; whereby the cathohcs were permitted to 
promise, swear, subscribe, and do what else should be re- 
quired of them, so as in mind they continued firm, and did 
use their diligence to advance in secret the Roman faith. 

These dispensations being showed to the king, he caused 
his minister Mr John Craig form a short confession of faith, 
wherein all the corruptions of Rome, as well in doctrine as 
outward rites, were particularly abjured, and a clause inserted 
(because of these dispensations) by which the subscribers did 
call God to witness, that in their minds and hearts they did 
fully agree to the said confession, and did not feign or dis- 
semble in any sort. This confession the king, for an example 
to others, did publicly swear and subscribe ; the hke was 
done by the whole council and court ; and observers appointed 
to take notice of those that did not resort to sermon, or be- 
haved themselves in any sort scandalously. So careful was 
the king to have the Church satisfied, and the rumours of the 
court's defection from religion repressed. 

After this all things continued quiet for a while, till by a 
bruit suddenly raised, none knew by whom, the earl of Mor- 
ton was taxed for keeping secret intelligence with the queen 
of England, and a purpose he had to put the king in her 
hands. Morton complaineth of this in council, and desireth 
a trial ; but the king, not willing to make business for a tale 
whereof the author would hardly be found, put it off, saying 
that he knew it to be a lie, and a malicious invention of ene- 
mies, and thereupon sent forth a proclamation against lies 
and carriers of tales, tending to breed discord betwixt him 
and his nobility. Yet, as if some such thing had been feared, 
a motion was made some days after in council for guarding 
the king's person, and electing of a high chamberlain (which 
office none had borne for many years in this kingdom), who 
should have twenty-four to attend him, all of them the sons 
of barons or noblemen, and be ever at hand to accompany the 
king whithersoever he went. 

The motion was applauded of all, and after some ten days' 
deliberation the earl of Lennox preferred to the place. Alex- 
ander Erskine, captain of the castle of Edinburgh, was chosen 
to be his deputy, and a roll made of the gentlemen that should 
give attendance. These were the masters of Marshal, Rothes, 



A. D. 1580.] CHURCH OF SCOTLAND. 269 

Cassils, Lindsay, Livingstone, Elphingston, Hemes, and 
Ogiivy, the lairds of Cowdenknows, Bargenny, Bomby, Kil- 
syth, Minto, Strathurd and MoucrieiF, Mr Mark Ker of Pres- 
ton Grange, George Douglas of Rungavy, Captain James 
Stewart son to the Lord Ochiltrie, Alexander Ruthven the 
commendator of Inchaffray, the prior of Coldingham, Alex- 
ander Home of North Berwick, and James Chisholme. As 
extraordinaries, the Lord Maxwell, the lairds of Cessford, 
Alexander Home of Manderston, and WilUam Stewart of 
Caverston, were added to the number. All these took the 
oath of fidelity to the king, and obedience to his chamberlain, 
in the things they should be directed for his majesty's service. 

The earl of Morton, albeit he was much displeased with 
these courses, did carry a fair countenance, and conceahng 
his discontents waited still on the king, and was assisting in 
council and public meetings. Once he minded to have with- 
drawn himself from court, and to have lived privately ; but 
was detained by a dissension that fell out in the time betwixt 
the Lord Ruthven and master of Oliphant, who had married 
a daughter of Lochleven ; whom whilst he laboured to pro- 
tect, he drew upon himself the hatred of the Lord Ruthven, 
and thereby was laid more open to the malice of his enemies. 
Sir Robert Bowes being sent at the same time ambassador 
from England, to charge the earl of Lennox with some prac- 
tices against the peace of the two realms, the blame as well 
of his employment as his sudden departing was laid upon 
him : for the ambassador's commission and instructions being 
questioned, and he desired to exhibit the same before the 
council, he refused to show them but to the king himself; 
which not being admitted, he went away complaining that 
the queen had deserved better than thus to have her ambas- 
sage misregarded. 

His sudden departure amazed the court not a little, where- 
fore to excuse the king, and try what the accusations were 
wherewith Lemiox should have been charged, Alexander 
Home of North Berwick was sent in commission to England: 
but the queen denying him access, he was remitted to the 
lord treasurer, who courteously told him, " That the queen 
had refused him presence, not for any dislike she had of him- 
self, whom she knew to be sound in religion, and one that 
loved his king and his country ; but because the king had 



270 THE HISTORY OF THE [a. D. 1580. 

not used her well, calling in question the credit of her ambas- 
sador, and requiring him to show his instructions, which was 
strange, he keeping himself within the bounds of his commis- 
sion. But your king," saith he, " is young, and misled by 
new counsellors, whose fault the queen knoweth it to be ; I 
should therefore advise your king to hearken to her majesty's 
counsel, who carrieth to him a true motherly affection, and 
make more account of her than of his French cousin, who is 
subject to the French king, matched with a French woman, 
addicted wholly to that faction, and, what profession soever 
he maketh, a papist in rehgiou. The Hamiltons," saith he, 
" being now exiled, he hopetli to be designed successor and 
heir to the crown ; but let your king know that ambition 
hath no limits, and that the troubles which the French made 
in Scotland are not yet forgotten, which would have perilled 
the liberty of that kingdom, if the queen by her prudence 
and power had not prevented the same." 

The gentleman professing his thankfulness for her majesty's 
good opinion of him, answered, " That if he should be per- 
mitted to speak with the queen, he would satisfy her majesty 
in that point which concerned her ambassador. And for the 
king his master, albeit he was young and of few years, yet 
God had given him great wisdom and understanding ; and 
that he would never willingly do the thing that might dis- 
please the queen, nor hearken to any that should otherwise 
advise him, for he knew her majesty's good affection, and 
would not forget the care she had of him in his tender age. 
That he could not be justly blamed for favouring his cousin ; 
but as the noblemen (he believed) would never advise the 
king his master to any thing that might prejudice the amity 
with England, so he was persuaded that his credit did not 
extend so far as to make any pubUc breach with the queen." 
" But there are more dangerous plots in hand," saith the 
treasurer, " than your king is wary of, and it is no wisdom 
to put too much confidence in any one person. Always time 
will discover the truth of every thing ; at the present you 
must have patience, for the queen will not see you." Thus 
was he dimitted. 

Upon his return, and report of the conference he had with 
the treasurer, the king was easily made to beheve that all 
proceeded from the earl of Morton and his intelhgence in the 



A. D. 1580.] CHURCH OF SCOTLAND. 271 

court of England, which by one way or other was held need- 
ful to be stopped. After some consultation taken about this, 
it was resolved to charge hira with the murder of the king's 
father ; for a rumour had gone in former times that he was 
conscious and privy unto it. Captain James Stewart (a man 
eager to win credit by what means soever) takes the matter 
in hand, and coming one day as the king was sitting in council 
at Halyrudhouse, desired to be heard. Being admitted, 
he fell upon his knees, and directing his speech to the king, 
he said, " Out of the duty I owe to your majesty, I am come 
hither to reveal a wickedness that hath been long obscured. 
The earl of Morton, who sitteth there in a place unseemly 
for him, was one of those that conspired your father's death ; 
and how dangerous it is to your majesty's person that he 
should be so near unto you, let the noblemen here present 
consider. For me, I shall make good what I speak, only 
let him be committed and put to trial." 

The earl rising up with a disdainful smile, answered, " By 
whose instigation this gentleman cometh to accuse me I know 
not, and I wonder what grounds he buildeth upon in charging 
me with this crime ; for none that ever suffered for it did 
touch me therewith, and it is known what dihgence and se- 
verity I used against those that were suspected of that mur- 
der. If I pleased I could many ways decline this challenge, 
but my innocency is such as I fear not the most I'igorous 
trial. Sir (with this he turned himself to the king and said), 
do in it as you please ; either here or before any other judge 
I shall be ready to answer, and when my innocency is cleared, 
your majesty will think what the malice of those that have 
set on this man to accuse me deserveth." 

Captain James, sitting all this time on his knees, rephed, 
" That by no man's instigation, nor out of any private grudge 
of his own, did he intend this accusation, but his detestation 
of the fact, and the love of his majesty's safety and honour, 
had only incited him thereto. For that he speaks of his 
dihgence and severity, let me but ask him," said he, " how 
and why he did prefer Mr Archibald Douglas, his cousin, to 
the place of a senator in the college of justice, who was known 
to have been an actor in that murder, if he himself had no 
part in it." As the earl was about to answer, the king com- 



272 THE HISTORY OF THE [a. D. 1580. 

manded the captain to go forth, and the earl heing likewise 
removed, after a short deliberation taken with the council he 
was committed in a chamber of the palace, where he abode 
two nights. The third day he was conveyed to the castle 
with a company of his own friends, who did earnestly move 
him to make an escape. But he chiding them with great 
bitterness said, " That he had rather die ten thousand deaths 
than betray his innocency in declining trial." After a few 
days he was removed to Dumbarton castle, that he might be 
farther off from liis friends, and kept from all intelligence 
with them. The king had sent privily to apprehend Mr 
Archibald Douglas, who dwelt then at Morham ; but he, 
having notice of the earl's committing, fled into England. 

In the July preceding, the Assembly of the Church had 
convened at Dundee, where it was concluded, that the office 
of a bishop, as it was then used and commonly taken within 
the realm, had neither foundation, ground, nor warrant in the 
book of God : and thereupon an ordinance was made, that 
all persons either called to the said office, or that should be 
called thereto at any time thereafter, should be charged to 
dimit and forsake the same, as an office whereunto they are 
not called by God ; as also to desist and cease from preaching, 
ministering the sacraments, or using in any sort the office of 
a pastor, till they should be admitted of new by the General 
Assembly, under the pain of excommunication. In the end 
of the act it was directed, that concerning the patrimony of 
the Church possessed by the bishops, the next Assembly 
should reason and advise upon the disponing thereof. 

Whether the folly or iniquity of this ordinance was greater, 
it can hardly be said ; for granting that the office of a bishop 
had been as they judged unlawful, there was no reason to 
discharge them of using the ministerial office till they should 
be received of new. And what a foolish thing was it to 
think that the prince and Estates would permit the rents of 
the bishops to be disponed at their appetites ! They saw 
what was done with the other prelacies, and how the abbots 
and priors were no sooner declared to be no office-bearers in 
the Church, but presently they turned temporal lords, and 
carried the rents with them quite away from the Church. 
And could they look for other dealing with the bishoprics ? 



A. P. 1580.] CIIUUOII OF SCOTLAND. 273 

Sure it wa,s, if the titulars themselves did not find the credit 
to enjoy them, that others of the laity would have invaded 
the same, as afterwards also they did. 

But to pass this, the carl of Lennox desiring by all means 
to win the favour of the Church, sent to this Assembly Sir 
William Stewart, a brother of Traquair, with a letter to this 
effect : " That it was not unknown to them, how it had pleased 
God to bring him since his coming into the country to the 
knowledge of the truth, which he esteemed more than all 
worldly happiness, and that he had made open profession 
thereof, first in St Giles's Church at Edinburgh, and after- 
wards subscribed the Confession of Faith at Stirling, and was 
yet, if any farther was thought needful, ready to perform 
whatsoever should be required ; assuring them of his best 
service in all things tending to God his glory, and to the 
good of the Church, requesting, together Avith the assistance 
of their prayers, that he might continue in their good favour." 
But all this could not remove their suspicions of his counter- 
feiting ; still he was taxed in pubhc sermons, and made odious 
to the people. Neither was it long after this Assembly dis- 
solved, that John Dury, one of the ministers of Edinburgh, 
was called before the council, and committed in the castle for 
certain speeches of that kind uttered by him in pulpit ; but 
upon the supplication of his fellow ministers, and promise of 
forbearing, he was after a short stay in the castle licensed to 
return to his charge. 

]n October following, Mr John Eow, minister of Perth, 
departed this life, who for his piety and singular moderation 
deserveth here to be mentioned. In his younger years having 
applied his mind to letters, and taking the degree of a master 
in arts, he became a pleader in the consistory of St Andrews 
(a judicatory then much frequented), and grew to be so 
skilled in the canon law, a;S he was chosen to negotiate the 
affairs of the Church in the court of Rome. Julius the Third 
cUd then govern that see, of whom he was well accepted, and 
in possibility to have attained unto some preferment if he 
would have stayed there ; for he gained the favour of all to 
whom he was knoAvn, and was in special grace with Guide 
Ascanius Sfortia, cardinal of Sancta Flora, who made such 
account of his skill and knowledge in the laws, that he would 
have him pass doctor in the university whereof he was chan- 

VOL. II. 18 



274 THE HISTORY OF THE [a. D. 1580. 

cellor. After some eiglit or nine years' abode in those parts, 
coming home to visit his country, and giving account of the 
affairs wherewith he had been trusted, he found the state of 
the Church quite overturned, and the country all in tumult 
by the Reformation which was then in hands. Thereupon 
doubting what course to take, and minding to return to Rome, 
he was dissuaded by the prior of St Andrews, who held him 
in good esteem, and afterwards induced by the persuasion of 
John Knox to betake himself to the ministry, which he ex- 
ercised a certain space at Kennoway in Fife, till by the 
General Assem.bly he was translated to the town of Perth. 
There he continued unto his death, which happened in the 
year of our Lord 1580, and of his age the fifty -fourth. A 
man whilst he lived well respected, and much lamented at 
his death by the people whom he served. 

In January next Sir Thomas Randolph came ambassador 
from England. His errand was to intercede with the king 
for the earl of Morton his liberty ; to which purpose, having 
called to mind the services done by the nobleman in his 
majesty's minority, and chiefly the dihgence he had used 
in finding out and punishing the murderers of his father, 
which by the malice of his adversaries was now laid to his 
charge, he requested in the name of the queen his mistress, 
that the nobleman might be released from his ward, declaring 
that her majesty would esteem it a singular kindness done 
unto her, and otherwise would take it ill to be denied in so 
just and reasonable a matter. The king, after he had heard 
him patiently, made answer, " That the many good offices he 
had received from his sister the queen did tie him to a 
thankful requital, but in that particular which touched him 
so nigh (the trial of his father's murder), he knew she would 
excuse him ; always, because of her intercession, he would be 
the more careful to have the trial rightly carried, and as hb- 
erty had been given to his adversaries to accuse, so the like 
and greater should be allowed him for his defence." 

The assembly of the Estates being called at the same time, 
and the ambassador pretending that his instructions concerned 
them in a part, did in the hearing of them all charge the 
earl of Lennox as one that had travailed to divert the king's 
mind from keeping friendship with England, and done be- 
sides many ill offices since his coming to Scotland, both to the 



A. D. 1580.] CHURCH OF SCOTLAND. 275 

king and kingdom. " For lie hath put," said he, " the 
king's most faithful subjects and servants from theu" places, 
brought in others nothing so trusty, stirred up the king 
against the ministers of God's word, making no other account 
of them than as of seditious railers and turbulent persons ; 
he hath loosed the borders," said he, *•' and made justice 
there to cease, and hath practised with foreign princes for 
the invading of England ;" which he offered to manifest by 
letters intercepted and brought to the queen his mistress. 
" But this beyond all measure doth grieve her, that a prince 
of such hopes, joined in such nearness of blood, and for whom 
she had taken so great care, should be thus misled and 
abused by wicked devices. If such a person ought to be 
tolerated to possess the king, him alone, and rule all things 
at liis pleasure, your honours may judge." This discourse 
moved few or none, the wiser sort esteeming the letters he 
produced counterfeit, as afterwards also was known. 

This com'se not prevailing, he dealt privately with the 
friends of Morton, and those that he knew envied Lennox 
liis credit, to take arms, and procure both Morton's liberty 
and the banishment of the earl of Lennox ; assuring them of 
aid both of men and moneys from the queen of England ; 
and by his persuasions brought the earls of Argyle, Montrose, 
Angus, ]Mar, and Glencarne to enter into a confederation 
for performance both of the one and other. But this com- 
bination held not long, being quickly discovered and broken. 
Of all the number Angus and Mar only stood firm, resolving 
to hazard all rather than Morton should perish. 

The queen of England, to make good her ambassador's 
promise, sent down at the same time certain forces to the 
borders ; which troubled the court a Httle, but was to no 
purpose, only it gave occasion to hasten Morton's trial and 
execution. The king, not to be taken unprepared if invasion 
should be made by England, sent forth proclamations, com- 
manding all the subjects to be in readiness for resisting such 
attempts ; and withal levied some companies of horse and 
foot to guard his person against any sudden assault. Next, 
a course was taken for confining those of Morton's friendship 
in some remote parts of the realm, and the earl of Angus 
charged to keep ward beyond the river of Spey, the laird of 
Lochleven being benorth the water of Cromarty. The lairds 



276 THE HISTORY OF THE [a. D. 1581. 

of Mains and Carmichael, with Morton's two natural sons, 
James and Archibald, were cited to appear before the coun- 
cil. The laird of Johnston was discharged of his wardenry 
in the west marches, and the Lord Maxwell put in his place. 
Angus, for not entering within the time prefixed, was de- 
nounced rebel, and prohibitions made to reset or supply him 
in any sort under pain of treason. Mains, Carmichael, and 
Morton's two sons not appearing before the council, were 
likewise proclaimed rebels. 

This rigorous proceeding, and a fear the ambassador took 
that his practices were discovered, made him to depart 
secretly to Berwick. Sir John Seaton, master of the horse, 
was thereupon directed to complain both of his deahngs and 
of the forces sent unto the borders in a time of peace ; but he 
was stayed at Berwick, and not suffered to go any farther. 
Then order was taken for bringing Morton to his trial, and 
commission given to the earl of Montrose and Captain James, 
who was then first styled earl of Arran, to make his convoy 
to Edinburgh. When the commission was showed to the 
earl of Morton, and that he found named in it James earl of 
Arran, he wondered what man he was, for he knew the earl 
of Arran to be deceased, and had not heard that Captain 
James did assume that title. Thereupon, asking the keeper 
of the castle who was earl of Arran, when it was answered 
that Captain James Avas the man, after a short pause he said, 
" And is it so? I know then what I may look for ;" mean- 
ing, as was thought, that the old prophecy of the falling of 
the heart by the mouth of Arran should then be fulfilled. 
Whether this was his mind or not, it is not known ; but some 
spared not at the time when the Hamiltons were banished, in 
which business he was held too earnest, to say, that he stood 
in fear of that prediction, and went that course only to dis- 
appoint it. But if so it was, he did find himself now deluded, 
for he fell by the mouth of another Arran than he imagined. 
Howsoever it was, this is sure, that the news did at first 
. perplex his mind not a little, and that, after this time, he 
gave over all hope of life. 

Being brought to Edinburgh, his process was made the 
first of June. The indictment charged him with conspiring 
and concealing the murder of King Henry, and of being art 
and part (as the phrase is) in committing the same. He 



A. D. 1581 ] CHURCH OF SCOTLAND, 277 

denied all, and pleaded not guilty. The jurors being called, 
he excepted against Argyle, the Lord Seaton, and the laird 
of Waughton ; yet they were all received upon their purga- 
tion, that they had not given any counsel to his hurt or pre- 
judice. This done, and they all sworn according to the 
custom, they went apart, and after they had consulted a while, 
returning into the court, the earl of Montrose, chancellor of 
the assize, declared him convict of counsel, concealing, and 
being art and part in the king's murder. At these last words 
he showed himself much grieved, and beating the ground 
once or twice with a little staff he carried in his hand, said, 
"Art and part, art and part! God knoweth the contrary." 
When doom was given that he should be taken to the place 
of execution, hanged on the gibbet, have his head cut off, his 
body quartered and affixed in the most pubhc places, ho 
uttered not a word, nor did ho seem to be moved therewith ; 
and because it was drawing towards night, he was conveyed 
back to the lodging wherein he was kept. 

In the morning Mr James Lawson with two or three other 
ministers did visit him. They asking how he had rested 
that night, he answered, that of a long time he had not slept 
more soundly : " Now I am," saith he, " at an end of my 
troubles ; some nights before my trial I was thinking what 
to answer for myself, and that kept me from sleep, but this 
night I had no such thoughts," Then falling to speak of 
his present case and the sentence pronounced against him, 
they said that he should do well to unburthen his mind, and 
declare what his part was in the king's murder. He answered 
with a great attestation that he never gave consent to that 
wicked fact. " The Earl Bothwell," said he, " upon my re- 
turn from England (where I remained a while, because of 
Seigneur Davie's slaughter), came to me in Whittingham, 
and after a long discourse brake the matter unto me, saying 
that the queen would have the king taken away, for that she 
blamed him more of Davie's murder than all the actors ; and 
asked what would my part be therein. I made him this 
answer, that being newly relieved of a great trouble, I would 
not willingly enter into another, and that I would have no 
meddling in that business. He, not satisfied with my answer, 
insisted to have me consent, saying, the queen would have it 
done. If so be, said I, bring me the queen's handwriting, 



278 THE HISTORY OF THE [a. D. 1581. 

that I may know that it is her mind. This he never did ; 
and if he had brought it, I was fully resolved to have turned 
my back upon Scotland, and banished myself, till I saw 
better times." Next, they inquired whether Mr Archibald 
Douglas had any dealing with him in that purpose. Where- 
unto he answered, that Mr Archibald (being at that time a 
depender upon Bothwell) did bring him (he being then at 
St Andrews) a letter from Bothwell, containing credit, and 
that he travailed to persuade him to give his assistance to 
that fact ; but he excused himself, because he saw no warrant 
from the queen, as Bothwell had promised. After the murder 
committed, he said that Mr Archibald came again unto him, 
and told him that he did accompany Bothwell and Huntly to 
the place, and was assisting to the fact. " Therefore can I not 
deny," saith he, " that I foreknew and concealed the same ; but 
to whom should I have revealed it ? for the king, when he was 
advertised of the danger, would not believe it. But they 
have condemned me of art and part," said he, " which is 
more than conceaUng ; but as I wish God to be merciful to 
me now at my last, I never gave counsel nor consent thereto." 
The ministers replying that he could not justly complain of 
the sentence, being guilty of foreknowledge and concealing 
by his own declaration, he acknowledged the same to be true : 
but, saith he, " it would have gone alike with me if I had 
been as innocent as St Stephen, or as guilty as Judas. But 
of that I am not to complain, nor will I stand to my justifica- 
tion, being assured, howsoever men have carried themselves 
in it, God hath dealt justly with me ; and that I am to suffer 
nothing but that which I have merited, yea worse." 

This confession reported to the king, the rigour of the 
sentence was mitigated, and order given that he should be 
beheaded only, and his body committed to burial. In the 
afternoon, when it was told him by his keeper that the time 
was come, and all things were in a readiness, he said, " I 
praise God I am also ready ;" and making forth was met by 
the earl of Arran in the very entry, who desired him to stay 
and subscribe his confession. He answered, " I pray you 
trouble me not, for I am now to prepare myself for death, 
and cannot write in this estate." The earl ceasing to urge 
that point any farther, desired he might be reconciled with 
him, protesting that he had done nothing upon any particular 



A. D. 1581.] CHURCH OF SCOTLAND. 279 

grudge. He answered, " It is no time to reckon quarrels, I 
forgive you and all others." When he was come to the 
scaffold, which was erected in the public street, he repeated 
the substance of his confession ; and in some few words ex- 
horted the people to continue in the profession of true re- 
ligion, and maintain it at their power, entreating them to 
assist him with their prayers to God. The chief minister 
did then conceive a prayer, during the time Avhercof he lay 
prostrate upon his face, and Avas greatly moved, as appeared 
by the rebounding of his body with many sobs and sighs. 
The prayer ended, divers came to be reconciled with him, 
whom he received very kindly : all the rest that were on 
the scaffold he took by the hand, bidding them farewell, and 
going towards the block, laid down his head, and cried aloud, 
" Into thine hands, O Lord, I commit my spirit : Lord 
Jesus receive my soul." Which words he was still uttering 
whenas the axe fell and cut off his head. His corpse left on 
the place lay from the hour of execution to the sun-setting, 
covered with a beggarly cloak, every man fearing to show 
any kindness, or so much as to express a sign of sorrow. 
His corpse was afterwards carried by some base fellows to the 
common sepulture, and his head fixed on the Tolbooth. 

Never was seen a more notable example of fortune's muta- 
bihty. He who a few years before had been reverenced of 
all men and feared as a king, abounding in wealth, honour, 
and numbers of friends and followers, was now at his end 
forsaken of all, and made the very scorn of fortune ; to 
teach men how Httle stability there is in honour, wealth, 
friendship, and the rest of those worldly things which men so 
much admire. He was of personage comely, of a mean [middle] 
stature, a graceful countenance, and singular courage, whereof 
in the civil troubles he gave many proofs ; wise and able for 
government, a lover of justice, order, and policy ; but inclined 
to covetousness, which the wants and necessity he endured 
in liis younger years was thought to have caused ; and given 
too much to the pleasures of the flesh, as at his dying he ac- 
knowledged with a great remorse. In this lastly most happy, 
that though his death in the world's eye was shameful and 
violent, yet did he take it most patiently, quitting this life 
with the assurance of a better. 

The day following, the earl of Arran in council made a 



280 THE HISTOHY OF THE [a. D, 1581. 

discourse of his proceedings in the trial of Morton, declaring 
what he had done, and how, to come to the knowledge of the 
fact for which he had suffered, he was forced to use some ri- 
gorous dealing towards his servants, and put certain of them 
to the torture : lest this should be imputed to him as a crime,' 
his desire was to have his majesty's and the council's appro- 
bation. This was easily obtained, and an act made ratifying 
all that he had done in that business, as good service to his 
majesty and the estate. Yet was it well enough known, that 
the inquisition he made upon Morton's servants was to find out 
where his gold and money was hidden, and for no purpose else. 
Near about the same time he took to wife the earl of March 
his lady, a woman intolerable in all the imperfections incident 
to that sex. She had forsaken her husband not long before, 
and obtained sentence against him for alleged impotency ; yet 
was she known to be with child even then by Arran, which 
made the process on her part more shameful. Nor was his 
part a whit better, nay rather much worse, having been a 
long time entertained in the nobleman's house, and furnished 
by him in every thing necessary, whilst his estate was but 
yet mean ; to have repaid the nobleman so dishonourably, 
was accounted a vile ingratitude. The marriage always 
went on, and their unlawful love held that way legitimated. 

In August next, the earl of Lennox was created duke of 
Lennox, Lord Robert Stewart, uncle to the king by his 
mother, made earl of Orkney, William lord Kuthven earl of 
Gowrie, and John lord Maxwell earl of Morton. Arran, 
although he had assumed the title before, would then also be 
created earl, wliich was done with great solemnity, and the first 
place bestowed on him, for he would not endure to be second 
to any, and took so ill the credit which he saw the duke 
carried with the king, as he spared not to afi'ront him at all 
occasions. The laird of Farniherst was then newly returned 
from France, where he had lived divers years in exile, and 
by the duke's favour, to whom the king could deny nothing, 
had a respite given him for certain crimes committed in the 
king's minority. As it was passing in council, the earl of 
Arran did protest against it, alleging an oath made at Stir- 
ling by the counsellors, not to give way to respites or remis- 
sions granted to the king's enemies. Herewith the duke 
offended, and a great heart-burning grew amongst them, 



A. D. 1581.] CHURCH OF SCOTLAND. 281 

which in the parliament kept at Edinburgh in the month of 
October following burst forth in an open breach. The 
question was about some privileges belonging to the chamber- 
lain in time of parliament, which Arran would not acknow- 
ledge, taking upon him, as captain of the guard, to place 
near unto the king whom he pleased. The duke not enduring 
this insolency, absented himself from parliament ; which did 
so irritate the king, as the next day he went to Dalkeith, 
taking the duke with him, and charged Arran not to come 
towards court. Many were glad to see them thus committed 
amongst themselves, and for a while matters went so hot, as 
it was not expected the discord should be suddenly appeased. 
The duke had the advantage of the king's favour ; Arran 
strengthened himself with the common cause, giving out that 
the quarrel was for religion, and for opposing the duke's 
courses, who craftily sought the overthrow thereof. And all 
the time the frowning of the court continued, you should have 
seen him and his lady repair so devoutly to sermon and 
prayers, that the people believed this to be the ground of the 
dissension, and that he was only disliked for his sincerity in 
religion. But Arran knowing this would not long bear 
out, and fearing to lose the king's favour altogether, he em- 
ployed some friends to make offer of satisfaction to the duke ; 
and in end, things were so composed as Arran did quit the 
commandment of the guard, and the charge thereof was 
given to the duke. 

To return to the matters of the Church. There was a 
general synod this year kept at Glasgow in the month of 
April, wherein the question of bishops was again agitated ; 
and because of the scruples which some brethren had at the 
act concluded at Dundee the year preceding, especially where 
it was said that the office of a bishop had no warrant of the 
word of God, the Assembly declared, that their meaning was 
to condemn the estate of bishops as they were then in Scot- 
land. A number of the more wise and moderate sort inter- 
ceded that the conclusion of that matter might be for a time 
deferred, because of the inconveniences it would draw upon 
the Church ; but they were cried down by the multitude. 
Amongst others, one Mr Hobcrt Montgomery, minister at 
StirUng, was so fervent in the cause, as he would have the 
Assembly censure those that had spoken in defence of that 



282 THE HISTORY OF THE [a. d. 1581. 

corrupted estate. Yet before the end of that year this 
zealous man did suffer himself to be more pitifully corrupted, 
the story whereof shall now be related. The see of Glas- 
gow being then void, it was suggested to the duke of Lennox 
by some flatterers, that he had a fair occasion presented to 
make himself lord of that city, and of the lands pertaining to 
that see, if he should only procure a gift thereof to some 
one that would make a disposition of the same to him and 
his heirs. The offer was made to divers, who refused all, 
because of the condition required. At last the agents in that 
business fell upon this Montgomery, who was content to ac- 
cept it. A gift was thereupon formed, and a bond given by 
him, " That how soon he was admitted bishop, he should 
dispone the lands, lordships, and whatsoever belonged to 
that prelacy, to the duke and his heirs, for the yearly pay- 
ment of one thousand pounds Scots, with some horse-corn 
and poultry." A vile bargain it was, for which justly he 
ought to have been repulsed. But the Church passing this 
point, made quarrel to him for accepting the bishopric, which 
the king would not acknowledge to be a reason sufficient. 
" If they could charge him with any fault in doctrine or life, 
he was content they should keep their order ; but to challenge 
him for accepting the bishopric, he would not permit the 
same, having lately ratified the acts agreed upon at Lcith, 
anno 1571, touching the admission of bishops, and ordained 
the same to stand in force until his perfect age, or till a 
change was made thereof in parliament," 

This related to the Church, they did appoint Montgomery 
his life and doctrine to be inquired upon, if possibly they 
could find any matter against him : which done, an accusation 
was framed, and he cited to answer in the next Assembly. 
The Articles laid to his charge were these : — 

1. That he, preaching at Stirhng, had proponed a question 
touching the circumcision of women, and affirmed they 
were circumcised in the skin of their forehead. 

2. That, teaching in Glasgow, he should say, the disciphne 
of the Church was a thing indifferent, and might stand 
this or that way. 

3. That he called the ministers captious, and men of curious 
brains. 



A. D. 1581.] CHURCH OF SCOTLAND. 283 

4. That lie laboured to bi'ing the original languages in con- 
tempt, abusing the words of the apostle in the 1 Cor. 14, 
and jestingly asked, In what school were Peter and Paul 
graduated ? 

5. That to prove the lawfulness of bishops in the Church, he 
had used the examples of Ambrose and Augustine. 

6. That in his doctrine he said it was sufficient to baptize in 
the name of the Father only, or in the name of the Son, or 
in the name of the Holy Ghost, seeing they are all one 
God ; and to that effect alleged the nineteenth of the Acts. 

7. That he should have called matters of disciphne, and the 
lawful calling of the Church, trifles of policy. 

8. That he charged the ministry with sedition, warning them 
not to put on or off crowns ; for if they meddled therewith, 
they would be reproved. 

9. That he condemned the particular application of Scripture, 
disdainfully asking. In what Scripture they found a bishop 
for a thousand pounds, horse-corn, and poultry, &c. 

10. That he oppugned the doctrine of our Saviour, speaking 
of the number of the wicked and them that perish. 

11. That he denied any mention to be made in the New 
Testament of a presbytery or eldership. 

12. That he accused the ministers of pasquils, lying, back- 
biting, &c. 

13. That the Church being traduced with infamous libels, 
he did not only not find fault therewith, but seemed to ap- 
prove the same, having used in his preaching the very 
words of the libel cast in the king's chamber against the 
ministers. 

14. 'That these three months past he had been negligent in 
doctrine and discipline, and given no assistance to the 
eldership. 

The articles were sent to the king by some ministers, who 
were desired to show his majesty that the accusation was not 
founded upon the accepting of the bishopric, but upon er- 
roneous points of doctrine. The king answered, " That 
whatsoever colour they gave to the process, he knew that his 
yielding to accept that place was the true quarrel ; and for 
himself, albeit he loved the religion, and agreed fully there- 
with, he allowed not divers heads of their policy ; always, 



284 THK HISTORY OF THE [a. D. 1581. 

for the particular in hands, he would leave the man to make 
his own answer." This reported to the Assembly, they went 
on with the accusation, and Montgomery being called, Mr 
Andrew Melvill became his accuser. The articles upon 
his denial were admitted to probation, but few of them were 
verified ; yet the conclusion of the Assembly was, that ha 
should continue in his ministry at Stirling, and meddle no 
more with the bishopric under pain of excommunication. 
Meanwhile the presbytery of Stirhng (for they had now 
erected presbyteries in divers places of the country) was 
enjoined to try his conversation, and how he did exercise 
discipline, if possibly any thing might be found against him 
that way. 

It fell out at the same time, that Mr Walter Balcanquel, one 
of the ministers of Edinburgh, did utter some reproachful 
speeches in a sermon against the duke of Lennox, saying, 
" That Avithin these four years popery had entered into the 
country and court, and was maintained in the king's hall by 
the tyranny of a great champion, who was called Grace. 
But if his Grace continued in opposing himself to God and 
liis word, he should come to little grace in the end." The 
king, advertised of this, sent James Melville his servant to 
complain to the Assembly, requiring some order to be taken 
therein. The minister being put to his answer, said, " That 
he praised God for two things : first, that he was not accused 
for any thing done against his majesty and the laws ; secondly, 
that he perceived the Church had obtained some victory ; 
for when he was last questioned for his sermon, the council 
did make themselves judges of ministers' doctrine ; now that 
he saw the complaint remitted to the Assembly, he was glad, 
and willingly submitted his doctrine to their trial : only, that 
he should not give advantage to his enemies, he desired the 
apostolic canon to be kept, which prohibiteth an accusation 
to be received against an elder but under two or three 
witnesses." 

Mr Thomas Smeton and David Ferguson were upon this 
directed to show the king, that the Assembly was willing and 
ready to try the complaint, but withal, that the liberty 
craved by the person accused could not be denied, he being 
a presbyter. So, if it should please his majesty to send an 
accuser assisted bv two or three witnesses, the accusation 



A. D. 1582.] CHURCH OF SCOTLAND. 285 

should be received, and justice done. The king not liking 
this answer, for he knew the difficulties he should have to 
find out an accuser, followed the business no more : but the 
minister, not contenting that the cause should thus desert, 
would needs have the judgment of the Assembly whether or 
not he had uttered in his sermon any scandalous or offensive 
words ; for they had been all auditors of that he spake. 
This being put to voices, the Assembly declared his doctrine 
to have been good and sound, and that he had given no just 
offence thereby to any person. When this was told the 
king, he was much offended ; for not many days before, 
when as the same minister, with his colleague John Dury, was 
called to give account of some speeches they had uttered in 
pulpit, it was excepted, " That the king and council could 
not be judges of their doctrine;" and now, saith he, having 
complained to themselves, and they being auditors of the 
speeches, when he expected some censure to be inflicted, they 
had justified all that was spoken, and so Avould force him to 
take other courses than ho desired to follow. 

But to return to Montgomery his cause, tlie ministers of 
Stirling, as they were enjoined, made a visit of the church, 
to try what they could find against him. All they got de- 
lated was, that he had baptized some children begotten in 
fornication, not calling the offenders before his session. 
Upon this delation he was cited to appear, and because he 
kept not the diet, suspended from his function. He not the 
less preached still, and exercised all the parts of his ministry, 
as in former times, which they took to be a high contempt, 
and therefore did summon him to the Assembly which was 
shortly to meet at St Andrews, to hear their sentence ap- 
proved, and to answer to such other things as in that meeting 
should be laid to his charge : and because they understood, 
that against the inhibition of the last Assembly he was still 
labouring to secure himself in the bishopric of Glasgow, and 
had cited the chapter before the council for refusing to con- 
vene to his election, they likewise charged him to compear 
before the synod of Lothian, to hear the sentence of excom- 
munication pronounced against him. 

The king being informed of this, caused warn the synod 
to appear the twelfth of April at Stirling, discharging in the 
mean time all proceeding in the business. Mr Robert Pout, 



286 THE HISTORY OF THE [a. D. 1582. 

and with him a few others, compearing at the day, he in name 
of the rest protested, " That albeit they had compeared to 
testify their obedience to his majesty, yet they did not ac- 
knowledge his majesty and council judges in that matter, the 
same being a cause ecclesiastic, and that nothing done at 
that time should prejudge the liberties of the Church and 
laws of the realm." This protestation the council rejected, 
inhibiting the ministers to use any proceeding against Mont- 
gomery; which, because of the General Assembly's approach- 
ing, they yielded unto, only they caused charge him to 
appear before the Assembly. When the diet came he 
appeared, and first protesting for remedy if they should use 
him wrongfully, he said, that the process of Stirling could 
not be allowed, for that he was never lawfully summoned to 
hear any sentence given against him. The presbytery of 
Stirhng remitting themselves to the process, the Assembly 
declared the same to be rightly deduced, and ratified the 
suspension pronounced. As they were proceeding to his 
censure for contempt of the sentence, Mr Mark Ker, then 
master of requests, presented a letter from his majesty, in- 
hibiting them to trouble the bishop for any thing that con- 
cerned the bishopric, or whatsoever cause preceding; for 
that the king would have those things heard and handled in 
his own presence. The Assembly answered, that, because of 
his majesty's request, they should look more carefully to the 
business, and see all things carried rightly and according to 
justice. 

The master of requests replying that his majesty had 
willed them by his letter to desist, and treat no more of that 
business, Mr Andrew Melvill, who presided for the time, 
answered, " That they did not meddle with things belonging 
to the civil power, and for matters ecclesiastic, they were 
warranted to proceed in these, specially with one of their 
own number." He perceiving that, notwithstanding of his 
majesty's letter, they would proceed, caused a messenger of 
arms, whom he had brought with him, charge them under 
pain of rebellion to desist. Then was Montgomery called to 
see if he would abide by the charges used at his instance ; 
but he was retired to his lodging, and could not be found, 
and the night drawing on, was appointed to be summoned to 
the next morning to receive his censure. At the hour ap- 



A. D. 1582,] CHURCH OF SCOTLAND. 287 

pointed, one William Montgomery having procuration from 
him appeared, and appealing from the Assembly to the king 
and council, gave this for a reason amongst others, " That 
he who was his accuser in the last Assembly was turned to be 
his judge." But the Assembly rejecting the appellation, fell 
presently a-reading the enorm crimes (so they called them) 
whereof he was guilty ; nor was there any thing omitted 
that served to aggravate the same ; corruption in doctrine, 
dissoluteness of life, contempt of the Church's sentence, 
falsehood and breach of promise, lying, perjury, moving of 
sedition, and stirring up certain of the nobility against the 
Church. Of all these he was declared culpable, and ordained 
therefore to be deprived, and cast forth of the Church. 

How soon he heard that this conclusion was taken, his cour- 
age, which seemed before high and resolute, began to cool ; 
whereupon presenting himself to the Assembly, he renounced 
his appeal, desiring conference of some godly and learned 
brethren : which granted, he was induced by them to confess 
his oifence in divers particulars, submitting himself to the 
will of the Assembly, and in end, to promise solemnly in the 
presence of the whole number that he should meddle no 
farther with the bishopric of Glasgow, and neither accept 
of it nor of any other office in the Church, without the ad- 
vice and consent of the General Assembly. Yet this gave 
not an end to the business ; for how soon he returned to 
the court, and perceived the king's countenance cast down 
upon him for that he had done, he undertook of new to 
settle himself at Glasgow, and had letters from his majesty 
to the gentlemen of those parts to assist him. At his coming 
to Glasgow with purpose to preach the Sunday following, a 
number of the students in the college entered into the church 
on Saturday night, and excluding him, did keep the chair for 
Mr Thomas Smeton their principal; who taking for his 
theme that saying in the gospel, " He that enters not by the 
door, but by the window, is a thief and a robber," inveighed 
against the bishop for his simoniacal entry, and the levity he 
had showed in all his proceedings. The next Sunday the 
bishop with a great convocation of gentlemen came to the 
church, and displacing the ordinary preacher, Mr David 
Wemyss, made the sermon himself. The presbytery of 
Glasgow intending process against liim for molestation of the 



288 THE HISTORY OF THE [a. D. 1582. 

church, and usurping the place of the ordinary preacher, 
Matthew Stewart of Minto, provost of the city, came and 
presented a warrant from the king to stay all proceedings 
against the bishop, wilHng them to desist. Mr John Howe- 
son, minister at Cambuslang, moderating in his course (as 
the custom then was), and replying somewhat peremptorily, 
that notwithstanding his warrant they would proceed, some 
words of offence passed, Avhcreupon the provost, pulling him 
from the seat, made him prisoner in the Tolbooth. 

The rumour of this fact ran quickly through the kingdom, 
and a solemn fast being kept by the appointment of the 
former Assembly, the causes whereof were made to be the 
aboundauce of sin, the oppression of the Church, the dilapi- 
dation of the rents, and the danger wherein the king stood 
by the company of wicked persons, who did seek to corrupt 
him in manners and rchgion, the insolency committed at 
Glasgow was likewise adjected, and furnished matter of long 
discourse to the preachers. Amongst others John Dury did 
exclaim mightily against the duke of Lennox, upon whom 
the blame of all things was laid, and thereby did so irritate 
the king as he would needs have him removed forth of the 
town. Charges to that effect were directed, commanding the 
magistrates within the space of twenty -four hours to remove 
him ; who not daring disobey, yet being unwilling to use 
their minister in that sort, travailed with him to depart 
quietly, and leave the town. The minister proponing the 
case to the General Assembly (for upon advertisement given 
by the ministers of Edinburgh they were there convened), 
desired their advice : " For to leave his flock at the pleasure of 
the court," he said, '• might work a prejudice to the Church; 
and to depart privately, as the magistrates advised him, 
might be imputed to fear, or then make him to be thought 
guilty of some fault." The brethren after a short consulta- 
tion did advise him to stay till he should be commanded to 
depart, and then obey. Meanwhile Mr Thomas Buchanan 
and David Ferguson were sent to the king, who was then at 
Stirhng, to entreat his majesty's favour unto him, and there- 
with to request a continuation of the diet for the appearing 
of the ministers of Glasgow at Perth. The king, desiring to 
have matters quieted, answered the last proposition first, 
saying, " That if the Assembly would delay the process 



A. D. 1582.] CHURCH OF SCOTLAND. 289 

which they had against the provost of Glasgow and his 
assisters, he would likewise dispense with the appearing of 
the ministers at the appointed time." And as to John Dury 
he said, '• that upon his supplication, how soon the duke re- 
turned to court, whose interest was greatest in that business, 
order should be taken with him, and consideration had of the 
Assembly's request." But they not satisfied herewith, striving 
to make good what they had taken in hand, went on with 
the process of Glasgow, and leading probation against Minto 
and the rest, decerned them to be excommunicated and cast 
forth of the society of the Church ; only the pronouncing of 
the sentence was delayed, till they saw what course was kept 
with their brethren before the council. 

Mr John Davidson, then minister at Liberton, pretending 
a warrant from the Church, had in his private parish pro- 
nounced Bishop jNJontgomery excommunicate, which (albeit 
done against all form) was allowed, and intimated in all the 
churches of the country. The duke of Lennox notwith- 
standing did still entertain him in his company, and at some 
occasions had made Piim to preach publicly. Thereupon Mr 
Alexander Arbuthnot and Mr Adam Johnston were directed 
by the Assembly to intimate unto the duke his excommunica- 
tion, and the acts of the Church against such as kept excom- 
municate persons in their company. The duke taking them 
up somewhat hotly, asked, " Whether the king or the 
Church were superiors ;" and thereafter answered them 
directly, " That he was commanded by the king and council 
to entertain him, which he would not forbear to do for any 
fear he had of their censures." This amongst other griev- 
ances of the Church was ordained to be represented to his 
majesty by the commissioners appointed to attend the council 
at Perth. But touching this the king answered, " That the 
excommunication was null, and declared such by the council, 
as being pronounced against equity and all lawful form, no 
citation being used, nor any admonition preceding, which all 
laws and even their own disciphne appointed to be observed." 
To their other grievances they received general answers ; 
and for the brethren of Glasgow, their trial was continued to 
the tenth of September next. 

Before which time the surprise of the king's person at 
Ruthven fell out, which altered the state of all affairs. Some 

VOL. n. 19 



290 THE HISTORY OF THK [a. D. 1582. 

of the nobility combining themselves for defence of religion 
and the liberty of the kingdom (as they pretended), upon 
notice of the duke and Arran's absence from the court, placed 
themselves about the king, and detained him some days at 
the house of Ruthven, The principals in this attempt were 
John earl of Mar, WiUiam earl of Gowrie, Patrick lord 
Lindsay, Robert lord Boyd, the masters of Glammis and 
Oliphant, the abbots of Dunfermline, Paisley, Dryburgh, 
and Cambuskenneth, the lairds of Lochleven, Easter Wemyss, 
Ckish, and the constable of Dundee. The king at their first 
coming suspected there was some practice in hand, yet dis- 
sembled the matter, thinking to free himself the next day 
when he went abroad to his sport. But as he was about to go, 
the master of Glammis stept to the door of the parlour, and 
told him he must stay. The king asked the reason ; he 
answered, he should know it shortly. When he saw it to be 
so, and found his liberty restrained, he grew into a passion, and 
after some threatening speeches burst forth into tears. The 
master seeing him weep, said, " It is no matter of his tears, 
better that bairns should weep than bearded men." Which 
words entered so deeply into the king's heart, as he did never 
forget them. The news went quickly of the noblemen's being 
at court in such numbers ; which made the earl of Arran to 
haste thither ; for he held himself assured of the earl of 
Gowrie's friendship, as being of his alliance, and having kept 
one course in the pursuit of the earl of Morton ; his only 
fear was, that he should be stayed by the way, therefore 
having crossed the ferry, he singled himself from his com- 
pany, and taking one only servant Avith himself, directed his 
brother, William Stewart, to keep the highway with the 
rest. By this mean he did escape those that lay in wait for 
him, and came in the evening to Ruthven. When he had 
entered the gate he asked what the king was doing, as mean- 
ing to go directly to him ; but was conveyed to another room, 
and told that he must have patience, and think his fortune 
good that he was come to that place with his life saved ; and 
so he himself judged, when a little after he heard that the 
horsemen which lay in wait of him, and encountered his 
brother nigh unto Dupplin, after divers wounds given him, 
had taken him prisoner. 

A day or two after some noblemen employed by the duke 



A. D. 1582.] C'HUUCII OF SCOTLAND. 291 

of Lennox, who remained then in Dalkeith, came to court, 
but were not permitted to speak with the king, nor see him, 
except in council. Being examined what their business was, 
they told that the duke of Lennox had sent them to learn of 
the king in what condition he was ; and that if he was detained 
against his will, as the rumour went, he might, with the as- 
sistance of other good subjects, see him made free. The 
king presently cried out that he was captive, which he 
desired all his subjects to know, and that the duke should do 
what he might to procure his Uberty. The lords prayed his 
majesty not to say so, " for that he should not be denied to 
go whither he pleased, only they would not permit the duke 
of Lennox and earl of Arran to mislead him any longer, and 
oppress both church and kingdom, as they had done. Where- 
fore he should do well to cause the duke retire himself quietly 
to France, otherwise they would be forced to bring him to an 
account of his doings, and proceed against him with rigour of 
law." This they willed the same noblemen whom he had sent 
to signify unto the duke, and that they were resolved to 
maintain what they had undertaken, at the utmost hazard of 
their lives and estates. 

After they were gone, the king's anger being somewhat 
assuaged, and fearing the duke's case more than his own, he 
was moved to send forth a proclamation to this effect : " That 
for pacifying the present commotions, and removing some 
differences fallen out amongst the nobihty, his majesty had 
thought it expedient to interpose himself a mediator ; and for 
the better working of a union amongst them, had resolved 
to make his residence in Perth for a time, till he saw what 
good effect his travails might produce. And lest his stay in 
those parts should be interpreted to be a detention of his per- 
son, because of the noblemen and others that had lately 
repaired to court, his majesty declared, that it was his own 
free and voluntary choice to abide there ; and that the 
noblemen and others who did presently attend had done 
nothing but what their duties obliged them unto, and which 
he took for a good service performed both to himself and to 
the commonwealth : therefore inhibited all the subjects to 
attempt any thing that might tend to the disturbance of the 
realm; commanding them also that had levied any forces 
upon pretext of his majesty's restraint, to dissolve the same 



292 THE HISTORY OF THE [ \. D. 1582. 

within six hours under the pain of death." This proclama- 
tion was dated at Perth the twenty-eighth of August, some 
six days after the surprise of his person at Ruthven. 

The duke in the mean time was gathering forces, and 
grown to be strong by his friends and others that repaired 
unto him ; when a letter came from the king, signifying that 
it was his pleasure he should leave the realm, and depart 
forth thereof before the twentieth of September. The letter 
he communicated to his friends, who did all advise him to 
retire unto Dumbarton, where he might with more safety 
stay a while, and if he found not an opportunity to right him- 
self, should have good occasion of shipping for France. When 
he was come thither, the resort of noblemen, barons, and 
others was so great unto him, that the nobility offending 
therewith, directed letters, charging him to live more private 
with his ordinary retinue, and all others that were in his 
company to return to their houses within twelve hours after 
the charge, and not to come nigh the part where he remained, 
or should happen to reside, during the time of his abode in 
the country. 

The bruit of this change being carried to England, the 
queen sent Sir Henry Gary and Sir Robert Bowes unto the 
king, to advise him, in regard of the danger he was fallen 
into by the perverse counsels of the duke and earl of Arran, 
to take in good part the lords' enterprise, and restore the 
earl of Angus, who had lived exiled in England since the 
time of Morton's execution. This last they obtained with no 
great difficulty, so as the nobleman was soon after reconciled 
and accepted in favour. But to the first point, the king hav- 
ing a suspicion that the attempt was not made without the 
queen of England's knowledge, he gave good general answers, 
whereby it was hoped that upon the nobleman's good be- 
haviour in a short time his offence would be mitigated. The 
king also conceiving that a gentle usage would bring them to 
reconcile with the duke of Lennox, began to give them a more 
gracious countenance than before. But he found them un- 
tractable, and not without great instance did purchase their 
consents to a few days' prorogation of his departing, upon 
promise that he should be pursued as a rebel if he went not 
away at the time appointed, wind and weather serving. Yet 
was his going put off upon divers occasions till the midst of 



A. D. 1582.] CHURCH OF SCOTLAND, 293 

December, at which time he was forced to depart, as we shall 
hear. 

The lords in the mean while, careful to strengthen them- 
selves, brought the king to Halyrudhouse in the beginning of 
October ; knowing that the people of Edinburgh did affect 
their enterprise; as appeared by the reducing of John Dury 
their minister immediately upon the news of the king's re- 
straint, and the triumph they made, singing as they went up 
the street the hundred and twenty-fourth psalm, " Now Israel 
may say," &c. They understood also that the Assembly of 
the Church was to convene in the same town the ninth of 
that month, and doubted not to find them favourable enough. 
To this Assembly Mr William Erskine (styled then com- 
meudator of Paisley) was sent by the noblemen, to declare 
that the causes moving them to that enterprise were the 
evident peril they perceived the religion was brought unto, 
with the disorders and confusions introduced into the state : 
whereof having discoursed a while, he came in end to desire 
the Assembly's approbation of their proceedings, as that which 
would encourage them much, and dishearten the common ad- 
versary. This proposition made, first it was voiced, Avhether 
the dangers of the Church and disorders of State were such 
as in their hearing Avere related ; Avhich being affirmatively 
answered by the whole Assembly, Mr James Lawson, Mr 
David Lindsay, and Mr John Craig, were appointed to 
signify unto the king what the Assembly had found, and to 
reqmre his own judgment therein. The king, esteeming it 
most sure for himself to temporize, said, " That he believed 
religion was in hazard, and indirect courses taken to overturn 
the same, wherewith he acknowledged his own danger to be 
conjoined ; and for abuses crept into the commonwealth, as 
they were too many, so he expected that all good subjects, 
and they for their own parts, would help to remove the 
same." This answer returned to the Assembly, they con- 
cluded an act in this form. 

" Forasmuch as the noblemen and others joined with them 
in the late action of reformation, out of a desire to have the 
Church and whole professors of the true rehgion understand 
the grounds and occasions moving them to repair towards the 
king's majesty, to seek redress of the disorders fallen out in 
the commonwealth, have made public and solemn attestation 



294 THE HISTORY OF THE [a. D. 1582. 

to the whole Assembly, that the motions and grounds of their 
enterprise were, and are, to deliver the Church of God 
within this realm, and the true rehgion therein professed, 
from the evident peril and danger wherein all men perceived 
the same to stand ; as likewise to guard and preserve the in- 
nocent person of the king his majesty and estate, being in no 
less hazard than the other, and to remove the corruptions and 
confusion entered into the body of the commonwealth : wherein 
as they are well persuaded themselves to have done good 
service to God, and to have performed their duty to their 
sovereign and country, so they wished all that feared God 
should judge and esteem well of their action, especiall}^ that 
the brethren of this Assembly sliould declare their good liking 
and approbation thereof, and ordain all the pastors and min- 
isters within the realm to pubhsh in their particular churches 
the causes and grounds moving them to the said enterprise ; 
exhorting all noblemen, barons, and other faithful subjects to 
give their best concurrence and assistance thereto. The 
Assembly, having weighed the said desire with the whole cir- 
cumstances thereof, have in the fear of God, after mature 
dehberation, resolved, found, and voted, no man gainsaying, 
that not only the Church of God within this realm, and true 
religion professed in the same, but also the king his most 
noble person and royal estate, were and stood in extreme 
danger and hazard, besides the manifold gross abuses that 
had invaded the commonwealth, before the late enterprise, 
which his majesty had acknowledged and professed to the 
commissioners of the present Assembly : And that therefore 
the said brethren could not but think their Honours, employing 
themselves hereafter for averting the like dangers, to have 
done good and acceptable service to God, their sovereign, 
and native country ; and that the prosecution thereof, all 
partiality set aside, will be acceptable to all that fear God, 
and tender the preservation of the king's person, and pros- 
perous estate of the realm. And to the effect the same may 
be made the more manifest and notorious, it is thought ex- 
pedient that all the ministers within the realm, upon the first 
occasion, shall pubhcly declare unto their particular flocks 
the peril wherein the Church of God and true religion, the 
king his most noble person and estate, stood, with the grounds 
that moved the said noblemen unto the late action, recom- 



A. D, 1582.] CHURCH OF SCOTLAND. 295 

mending the same to the consideration of all good subjects, 
exhorting them, as tliey tender the glory of God, and love 
the preservation of the king and country, faithfully to con- 
cur and join with the said noblemen in prosecuting the said 
grounds, to the full deliverance of the Church, and perfect 
reformation of the commonwealth. And if any should be 
found either by Avord maliciously, or violently by way of 
deed, to oppose themselves to that good cause, they shall 
be called before the particular elderships, and order put unto 
them by the censures of the Church ; and, in case of their 
wilful and obstinate continuing therein, be delated to the king 
and council, to be punished for their offence civilly." 

This act, of the date the thirteenth of October 1582, was 
published in all the churches of the realm, to the offence of 
many good men, who were grieved to see a bad cause thus 
coloured and defended. But the lords, knowing that this 
approbation could not secure them, had laboured the king to 
convocate the Estates for the same purpose. The eighteenth 
of the same month being appointed for their meeting, there 
came to the convention for the church estate, the archbishop 
of St Andrews, the bishops of Dunkeld and Orkney, the 
abbots of Dunfermline, Newbottle, Paisley, Dryburgh, 
Cambuskenneth, Culross, Inchaffray, Coldingham, and 
Pittenweem. Of the nobility, there were present the earls of 
March, Erroll, Marshal, Bothwell (who some few months be- 
fore returned from beyond sea). Mar, Rothes, Glencarne, 
Eglinton, Gowrie, and Morton, the Lords Lindsay, Home, 
Ogilvy, Herries, Boyd, Cathcart, and Sinclair. But from 
the burghs there came not any commissioners, nor could they 
be moved to countenance that action in any sort ; conceiving, 
as it fell out, that how soon the king obtained his hberty, he 
would censure and condemn the fact as treasonable. 

To these, always, that convened, the king had a speech 
much to this effect : " That of all the vexations he had tried 
since his acceptation of the government in his own person, 
the distraction of the nobiUty was the greatest, and at the 
present did grieve him most ; for the removing whereof he 
had called them together, and expected their best counsel 
and help. In other things, he said, that needed reformation, 
he would be willing to follow their advice." One of the lords, 
1 find him not named, made answer, " That the dissensions 



296 THE HISTORY OF THE [a. D. 1582. 

of the nobility were caused chiefly by some that, having his 
majesty's ear, did abuse his favours, ruhng all things at 
their pleasure, and disdaining the advice of other fellow- 
counsellors." Then falling into particulars, he said, " That 
the duke of Lennox and earl of Arran had misgoverned all 
affairs, and brought divers abuses into the state, which, un- 
less some noblemen had taken a course to remedy by their 
repairing to his majesty, both rehgion and state in a short 
time had been subverted." After this, the earls of Mar, 
Gowrie, and Glencarne, who had been the chief actors in 
that attempt, rose up, and having declared the cause which 
moved them to take that action in hand, did humbly offer to 
submit themselves to the censure of his majesty and the 
Estates ; and thereupon removing themselves forth of the con- 
vention, it was found and declared, " That in their repairing to 
the king upon the twenty -second of August last, and abiding 
with him since that time, they had done good, thankful, and 
necessary service to the king and country. Also that their 
taking of arms, making of conventions, entering in conflicts, 
taking and detaining of prisoners, contracting of leagues and 
bonds, and all other deeds done by them, which might ap- 
pear to be against his majesty's authority, in so far as the 
same was done without his highness's warrant, should be re- 
puted and esteemed good service done to the king and state ; 
and that they and their partakers should be exonered of all 
action, civil or criminal, that might be intended against them, 
or any of them, in that respect : inhibiting therefore all the 
subjects to speak or utter any thing to the contrary, under 
the pain to be esteemed calumniators and dispersers of false 
rumoui's, and to be punished for the same accordingly." 

This declaration passed, it was ordained that the earl of 
Arran should be detained in the castle of Ruthven till the 
duke was gone out of the realm, after which he should be 
confined on the north of the water of Earn : and that four 
companies should be levied upon the pubhc charges, two of 
horsemen and as many foot, to guard the king and noblemen 
who did attend him, till the present troubles were quieted. 
Then were some grievances proponed in name of the Church, 
but these were laid by till another time, the lords not willing 
to irritate the king for such matters, having once secured 
themselves. 



A. D. 1582.] CHURCH OF SCOTLAND. 297 

The duke, to keep the word which the king had given for 
his departing, took shipping in the west parts about the 
midst of October, and being hindered by couti*ary winds, fell 
sick at sea. The king, advertised of his ill disposition, ad- 
vised him to travel through England in regard of the winter 
season, and to remain at Blackness till a safe conduct was 
procured from the queen. He had not stayed many days 
there, when a rumour was raised, as was thought, by his 
enemies, that he was to be brought again to court, and the 
lords turned out, or used with more violence. This made a 
new stir ; whereupon the Lord Herries was sent to command 
him to begin his journey, and to be in Berwick the twenty- 
second day of December. He craved to see the king and be 
permitted only to salute him ; but this being denied, he de- 
parted in great heaviness. 

In the beginning of January two ambassadors arrived, sent 
by the French king, the one named Monsieur la Motte, the 
other Monsieur Menevil : La Motte came by England (with 
vv-hom came alongst Mr Davidson, ambassador from Queen 
Ehzabeth), the other by sea ; both having the same instruc- 
tions, which were, to work the king's liberty in the best sort 
they could, to confirm his mind in the love he bare to the 
French, and to renew the purpose of association. This last 
business was set on foot the year before, and almost con- 
cluded in this sort : " That the Queen of Scots should com- 
municate the crown with her son, and both be joined in the 
administration of affairs ; that so he might be acknowledged 
for a lawful king by all Christian princes, and all domestic 
factions suppressed." But upon the duke's sequestering from 
court, it was left oft' and not mentioned again till now. The 
Assembly of the Church in the last meeting had made this 
one of their special grievances, and complained of it as a 
most wicked practice. And now the ministers of Edinburgh, 
hearing that purpose to be moved of new by the French 
ambassadors, declaimed bitterly against them in their ser- 
mons ; especially against La Motte, who, being a knight of 
the order of St Esprit, did wear the badge of a white cross 
upon his shoulder. This they called " The badge of Anti- 
christ," and him " The ambassador of the bloody mur- 
derer," meaning the duke of Guise, who, they said, procured 
him to be sent hither. 



298 THE HISTORY OF THE [a D. 1582. 

It grieved the ambassadors much to hear these outcries 
which daily were brought unto them ; but perceiving the 
king's authority not able to restrain the liberty which the 
preachers had taken, they did not complain, but urged 
earnestly their dimission. The king, desirous to entertain 
the ancient amity betwixt the two nations, and dimit them 
with some contentment, desired the magisti\ates of Edinburgh 
to give them a feast before their parting. To impede this 
feast, the ministers did on the Sunday preceding proclaim a 
fast to be kept the same day on which the feast was ap- 
pointed ; and to detain the people at church, the three ordi- 
nary preachers did one after another make a sermon in St 
Giles's church, without any intermission of time, thundering 
curses against the magistrates and other noblemen that 
waited on the ambassadors by the king's direction ; nor 
stayed their folly here, but, the ambassadors being gone, 
they pursued the magistrates with the censures of the 
Church, and were with difficulty enough stayed from pro- 
ceeding with excommunication against them, for not observ- 
ing the fast they had proclaimed. 

Of all this the king seemed to take no notice, for he saw 
not a way to repress these disorders ; and much perplexed 
he was with the report of the duke of Lennox his death, who, 
partly of grief, partly through the long and troublesome 
journey he made in that cold and rainy season, contracted a 
fever at his coming to Paris, whereof after a few days he 
died. Some hours before his expiring, there came to him 
a priest or two, to do their accustomed service ; whom he 
could not admit, professing to die in the faith of the Church 
of Scotland, and to keep the oath he had given to the king 
inviolate. This the king made to be proclaimed at Edin- 
burgh, that the people might see what wrong the duke had 
sustained during his abode in the realm, by the uncharitable 
suspicions both of ministers and others. But this belongs to 
the year following. 

Meanwhile the king ceased not to think of his own liberty, 
using all means to put the lords that attended him out ()f an 
opinion that he had any meaning to free himself. And the 
duke being gone, whom they feared most, they esteemed the 
danger the less ; for Arran was not well loved because of his 
violent courses ; and Morton, who had the greatest follow- 



A. D. 1582.] CHURCH OF SCOTLAND. 299 

ing, was put from his charge in tlie borders, and the same 
given to the laird of Johnston. The king had hkewise by 
their advice sent Colonel Stewart and Mr John Colvil in a 
joint commission to the Queen of England, to move her for 
restoring the lands in that kingdom which appertained to his 
gi'andfather, the earl of Lennox, and the Lady Margaret his 
grandmother, together with the by-run profits intromit- 
ted by the treasurer or master of wards ; as hkewise to 
communicate unto her the course he had taken for quiet- 
ing the realm, and to desire her aid and assistance therein. 
Some instructions besides were given them to propone ; as 
touching the king's marriage, the matters of the border, 
and the contracting of a defensive league ; by all which 
they held themselves secured of his majesty's favour. But 
for the negotiation it sorted to no effect, by the contrary 
courses the two commissioners took after their coming to 
the court of England. The king foreseeing the same 
Avhen they were first employed, had moved Mr David 
Lindsay, preacher at Leith (a man wise and moderate), to 
accompany them and pacify the contentions which possibly 
might arise amongst them ; but their emulations were so 
great, as all he could do scarce served to keep them from 
open discord. 

Before I enter upon the accidents of the next year, the 
death of Mr George Buchanan, which happened in the end 
of September, must not be passed ; a man so well deservino- 
of his country, as none more. He was of an excellent wit, 
and learning incomparable, born nigh to the Highlands, 
within the parish of Killearn, and of the house of Drummakill. 
His uncle by the mother, called Herriot, took care to have 
him trained up in letters, perceiving his inclination to be set 
that way, wherein he profited so much, as he went beyond 
all his instructors ; nature, it seems, having formed him 
thereunto. In the year 1539, being called in question by 
the Franciscan friars upon a malice they bare him for some 
bitter verses written against them and their profession, which 
he did to please King James the Fifth, whom they had in 
some things offended, he was committed as suspected of 
Lutheranism ; but made an escape to France, where he lived 
a long time, and became acquainted with many learned men, 
with which that country did then abound. His paraphrase 



300 THE HISTORY OF THE [a. D. 1583- 

of the psalms, a rare work, and other poems, he wrote for 
most part whilst he stayed abroad ; and for his learning 
and quick ingene was admired of all men. Returning into 
Scotland about the year 1560, after he had professed philo- 
sophy some years in St Leonard's College within the uni- 
versity of St Andrews, he was chosen to attend the king, 
and bring him up in letters. In his age he applied himself 
to write the Scottish history, which he penned with such 
judgment and eloquence as no country can show a better. 
Only in this is he justly blamed, that led by the factions of 
the time, and to justify the proceedings of the noblemen 
against the queen, he went too far in depressing the royal 
authority of princes, and allowing their controlraent by sub- 
jects : his bitterness also in writing of the queen and troubles 
of that time all wise men have disliked. But otherwise no 
man did merit better of his nation for learning, nor thereby 
did bring to it more glory. He died in a great age at 
Edinburgh, and was buried in the common burial-place, 
though worthy to have been laid in marble, and have had 
some statue erected for his memory. But such pompous 
monuments in his life he was wont to scorn and despise ; 
esteeming it a greater credit, as it was said of the Roman 
Cato, to have asked " why he doth lack a statue, than to 
have had one, though never so glorious, erected." 

The summer following the king found the occasion to free 
himself of his attenders. For being at Falkland, and pre- 
tending to visit his uncle the earl of March, who did then 
reside in the abbey of St Andrews, after he had taken some 
httle refreshment, he went to take a view of the castle, ac- 
companied with Colonel Stewart, captain of the guard, to 
whom he had communicated his purpose ; and having entered 
into the castle, commanded the gates to be shut, and those 
that followed to be excluded. The earls of Argyle, Marshal, 
Montrose, and Rothes, came thither the next morning, and 
were all welcomed by the king. Of the noblemen that had 
waited on him since his restraint at Ruthven, only the earl 
of Gowrie was admitted into the castle by the colonel's 
means ; for he had sometimes followed him as a servant. 
The earl how soon he came in presence fell on his knees, 
and craving pardon for the fact of Ruthven, did humbly 
submit himself to the king's mercy, who, after he had checked 



A. D. 1583.] ciiuncH of Scotland. 301 

him in some few but grave speeches for his ingratitude to 
the duke of Lennox, accepted him in favour, upon condition 
of a more loyal behaviour in time coming. 

Some few days the king abode in the castle, and in a 
council kept there the second of July, made choice of the 
earls of March, Argyle, Gowrie, Marshal, Montrose, and 
Rothes, to remain with him, as noblemen that he held of best 
judgment, most indifferent and freest of faction ; the rest he 
commanded to retire to their houses, till he should take 
farther order. In the same meeting was Colonel Stewart's 
service approved, and a proclamation ordained to be made, 
charging all the subjects to contain themselves in quietness, 
and prohibiting any to come towards court accompanied with 
a greater number than was appointed ; to wit, fifteen with 
an earl, as many with a bishop, ten with a lord, and as many 
with an abbot or prior, with a baron six ; and all these 
commanded to come in a peaceable manner, under great 
penalties. 

Then the king, to show himself at liberty, went to Edin- 
burgh, and from thence he returned to Falkland, then to 
Perth, where he remained some weeks. Being there, the 
earl of Arran, by Gowrie 's procurement, was brought again 
to court, after whose coming a declaration was published by 
the king to this effect. 

*' We, with the advice of the lords of our privy council, 
having thought expedient to notify unto the woild, but es- 
pecially to all our good and loving subjects, our true mind 
touching the things that fell out in the year past, declare 
the same to be as foUoweth. That is, howsoever, for pre- 
serving of public quietness, we did patiently endure the 
restraint of our person at Ruthven, with the secluding of our 
counsellors from us, and all that ensued thereupon, yet did 
we take it deeply to heart, and did account no otherwise of 
it than a fact most treasonable, attending till it should please 
God to restore us to our former estate and liberty ; which 
having now by his goodness obtained, to make known our 
indifferent disposition towards all our good subjects, and that 
we do not seek the harm and ruin of any one whomsoever, 
we have resolved to forgive and forget all offences bygone, 
especially that which was committed in August last, and 
hath been since that time strongly maintained, providing the 



302 THE HISTORY OF THE [a. D. 1583. 

actors and assisters do show themselves penitent for the 
same, ask pardon in due time, and do not provoke us by 
their unlawful actions hereafter to remember that attempt. 
WilUng all our subjects, by the example of this our clemency, 
(whereof some already have made proof), to discharge all 
quarrels amongst themselves, and not to malice one another 
for whatsovever cause bygone, all which we will have 
buried in oblivion ;• and to this effect have ordained publica- 
tion to be made hereof in all the principal burghs," &c. 

The discontented lords, notwithstanding of this declaration, 
were still convening, and making the best provision they 
could for their own surety. For at Arran's hand, who had 
now the disposing of all things, they expected no good. 
The king hereupon took purpose to confine some of the 
principals in several countries, and to commit others who 
were reckoned most turbulent. The earl of Angus was con- 
fined beyond Spey ; John Livingstone of Dunipace and 
Patrick Drummond of Carnock, in the country of Galloway ; 
Lochleven and Buchan, in Inverness ; the master of Glammis, 
abbot of Dunfermline, and laird of Cleish, were charged to 
enter themselves in the castle of Dumbarton ; William, com- 
mendator of Paisley, in Blackness ; and Mr John Colvil, 
commanded to keep ward in Edinburgh. The whole (Angus 
only excepted) disobeying the charge, were denounced 
rebels ; and proclamations made, commanding all the sub- 
jects to be in readiness for resisting the practices of seditious 
subjects. An oath also was taken of all the king's domes- 
tics, that they should not keep intelligence with any of the 
rebels or others known to be in his majesty's malgrace. 
And at this time was Mr John Maitland, who came after- 
wards to be chancellor, admitted counsellor of estate. 

The queen of England being advertised of this altera- 
tion in court, sent Sir Francis Walsingham, her principal 
secretary, to the king, to challenge him for breach of 
promise in re-admitting the earl of Arran, and casting off the 
noblemen who had maintained his authority, and hazarded 
their lives and estates in defence of his crown. The king 
answered, " That he was a free prince, and in ruhng his 
affairs might follow the course which he thought to be most 
convenient ; that the queen would not take it well, if he or 
any other should direct her in matters that concerned her 



A. D. 1583.] CHURCH OF SCOTLAND. 303 

subjects :" and for the promise alleged, he said, " it was 
made in time of his restraint, to the performance whereof he 
was not tied." As to these subjects of whom the queen seemed 
so careful, he said, " that he had freely offered to pardon 
them, upon the acknowledgment of their offence and promise 
of amendment, which he would faithfully observe ; expecting 
of the queen his sister that neighbourhood which became 
princes Hving in amity and friendship, and that she would 
not countenance his subjects in their rebeUion." 

The ambassador replying, " Sir, the queen my mistress 
will never meddle with your affairs, but to work your good 
and quietness ; yet she taketh it unkindly, that the promises 
made unto her are so lightly regarded. One Holt an 
English Jesuit, who is thought to have a hand in Throg- 
morton's treason that was of late detected, being in your 
prison, at the request of the French ambassador was per- 
mitted to escape ; whereas the queen my sovereign looked 
daily to have liim delivered in England, as was promised." 
" Nay," said the king, " it was not promised that he should 
be delivered ; but, as the queen did answer my ambassadors, 
when I desired Mr Archibald Douglas to be rendered, who 
is known to be guilty of my father's murder, I said that 
the man was charged with certain suspicious practices 
in my kingdom, which I behoved first to try ; and if the 
queen had been pleased to have delivered my subject to 
me, whom I had more than reason to demand, I would 
have made no delay in the rendering of Holt. But for 
his dimission, or my connivance at his escape, there is 
no such tiling ; and if you know or can learn that any 
indirect means have been used for letting him go, the trial 
and punishment of the doers shall clear my part." This 
said, the ambassador (who was a most worthy and discreet 
gentleman) declaring that he was satisfied, fell to speak of 
the preservation of peace betwixt the two kingdoms, and 
of a new league to be made with the queen ; whereof the 
king did show a good liking, and in these terms they left 
for that time. 

In October next, the Church Assembly convened at Edin- 
burgh, where great regrets were made and presented in 
certain articles to the king. " First, they complained that 
the benefit of pacification was extended to Mr David Chal- 



304 THE HISTORY OF THE [a. D. 1583. 

mers, a professed enemy to religion, and suspected of the 
murder of his majesty's father. Next, that papists were 
grown too i^imiliar in court, and namely the laird of Fintry, 
who had made defection from the true religion, in which he 
was educated. 3. That Holt, a wicked papist, sent to the 
country to traffic against religion and the state, was suffered 
to escape, and no trial taken of the workers thereof. 4. That 
his majesty seemed to favour too much the enemies of the 
truth both in France and at home. 5. That he had received 
in his service men of dissolute life, and who had never given 
any testimony of their good meaning either to religion or the 
state of the country ; and put others from his service that 
were known to be zealous in God's cause, and faithful to his 
majesty's self from his very tender age. 6. That since his 
acceptation of the government, the Church had received 
many fair promises without any performance ; and that, to 
the contrary, the liberties and privileges thereof were daily 
infringed. 7. That the thirds were set in tacks or leases, in 
defraud of the Church. 8. That abbacies were disponed 
against the Acts of Parliament, and no care taken for pro- 
vision of the ministers that served at the churches annexed. 
9. That spiritual livings were conferred on children, and 
erected into temporal lordships. 10. That there were no 
punishments for incest, adultery, witchcraft, and the like 
abominations. 11. That there was a universal murmur, 
that no man could be assured of his lands and life, the laws 
of the country being wholly perverted. 12. That his ma- 
jesty did interpone his authority to stay the execution of the 
Church's acts in matters properly ecclesiastical. Lastly, 
they regretted the division of the nobihty, one part seeking 
the ruin and overthrow of another, for which they did en- 
treat his majesty to call unto himself the most wise and in- 
different amongst them, and by their advice to take some 
moderate course for uniting the hearts of all good subjects, 
to the maintenance of God's truth, the preservation of his 
highness's person and estate, and the comfort of all that 
were grieved at the present division."" 

The king, desiring to give the Church satisfaction, made 
answer the next day to all these particulars. And first, 
concerning Mr David Chalmers, he said, " that he was only 
forfeited for the common action of being at Langside field, 



A. D. 1583.] cnuncH of Scotland. 305 

for which pardon had been granted to many ; so as it should 
not be thought strange to give him the hke benefit, especially 
at their request who had moved him therein ; and that he 
no ways intended to grant oversight to him or any others 
that should be found culpable of his father's murder, or yet 
professed themselves adversaries to the religion. Touching 
Fintry, he said, that he had not impeded the proceedings 
of the Church against him or any other popishly affected, 
nor had he been countenanced at court, if the ministers of 
Edinburgh had not testified that he was willing to conform. 
That for Holt's escape he had satisfied the English ambas- 
sador, and that it was no uncouth thing to see a prisoner de- 
ceive his keepers. Concerning the intelligence he kept with 
foreign princes, for the entertaining of civil peace, that he 
did not think the Assembly would disallow it, seeing diversity 
of religion made not leagues of friendship unlawful. And 
that they should meddle with the choice of his servants, he 
held it strange ; this he hoped they would remit to himself, 
and not to be too curious in examining the occasions of their 
placing or displacing. And where they complained, that 
since his accepting of the government, the hberties of the 
Church had been infringed, he said, that since that time 
more good and profitable laws had been made for the ad- 
vancement of true religion than ever before ; and if any 
thing lacked in the execution, the fault was not his. For 
that which concerned the Church rents, he answered, that 
those things must be helped in parliament, and that he should 
assist the reformation thereof at his power. As to the pun- 
ishment of the abominations mentioned, that the fault could 
not be imputed to him, since he was willing to give commis- 
sion to such as the ministers should judge most fit for the 
execution of laws. And for ecclesiastical acts which his 
authority was said to impede, he knew none of late, only he 
had staid the remove of Mr Alexander Arbuthnot from the 
college of Aberdeen to be minister of St Andrews ; which, 
being rightly considered, would not be found prejudicial to 
the Church, nor impertinent for him to deal in. Lastly, for 
the murmur of people, perverting of laws, and difference 
amongst the nobility, his majesty said, that he was ready to 
hearken to any good advice for reformation of that which 
should be found amiss." 

VOL. II. 20 



306 THE HISTORY OF THE [a. D. 1583. 

The answers were all most reasonable, and proceeding 
from the king, ought to have been well taken ; but the dis- 
content they had received for the late change in court made 
everything distasteful, and still the displeasure betwixt the 
king and Church did grow, as we shall hear. 

In the beginning of November, Lodowick (eldest son to 
the late duke of Lennox) arrived at Leith, and was conveyed 
by the earls of Huntly, Crawford, and Montrose to the king, 
who lay then at Kinneill. Soon after the advertisement of 
the nobleman's death, the king had sent the master of Gray 
into France, to bring home all his children ; but Lodowick 
excepted (who then was thirteen years of age), the rest were 
young, and not able to endure so long a journey. The king 
receiving him Avith great expressions of love, did presently 
invest him in his father's lands and honours, committing the 
trust of his affairs to the earl of Montrose, till he should grow 
up to maturity. For his education in letters, Mr Gilbert 
Moncricff, the king his principal physician, was appointed to 
attend him, a man wise and of good learning. Some years 
after, two of his sisters were brought into the country : Hen- 
rietta the eldest was married to George earl of Huntly, 
Mary, the younger of the two, to John earl of Mar. To 
the third the king had provided an honourable match, but 
she having vowed herself to God, would not be won from 
the cloister by any persuasion. A younger son came to the 
king, after he went into England, and was by him advanced 
to great honours. Thus the untimely loss of their father 
did turn to the children's benefit, by the constant and un- 
matchable kindness of a loving king. 

In the country, matters grew daily more and more troubled. 
Those that disobeyed the charges given them for entering 
in ward, pretended the time assigned for their entry to have 
been so short, and the distance of the place so great, as there 
was no possibility in them to obey; yet underhand they 
were still seeking to strengthen themselves, and associate 
others to be of their faction. To take from them this pre- 
text, the first of December was allowed them for their 
entering in ward, and so many as should find surety to obey, 
had favour promised them. The laird of Braid, Colluthy, 
Mr David Lindsay, and Mr Andrew Hay, were licensed 
also to confer with tliem, and with all that had any part in 



A, D. 1588.] CHURCH OF SCOTLANL*. 307 

the attempt of Ruthven, for informing them of his majesty's 
gracious inclination towards all of that number who should 
acknowledge their offence, and live obedient and peaceably 
from thenceforth. But little or nothing was wrought this 
way ; whereupon the king took purpose to convene the 
Estates the seventeenth of December : and having exponed 
his whole proceedings in that business, an act was passed by 
a universal consent, of this tenor. 

" Albeit the late surprise and restraint of our person, per- 
petrated in August bygone a year, was a crime of Icescc 
majestatis, heinous in itself, of dangerous sequel, and most 
pernicious example, meriting the more severe punishment, 
because the committers thereof for the most part, besides the 
allegiance and common duty of subjects, were specially bound 
to us by particular favours and benefits bestowed on them, 
yet, out of our natural disposition to clemency, we resolved 
to reduce them by all gentle means to their duties, and not 
only forbore to use them with rigour, but made offer of par- 
don and mercy to such as would acknowledge their offence, 
and continue thereafter in a dutiful obedience ; satisfying 
ourselves with that moderate declaration which tended not 
in any sort to their detriment, and prorogating days and 
months, to see what they would perform. Hereof we gave ' 
our promise to the queen of England, which was certified to 
them by divers, and of late by certain ministers and well- 
disposed gentlemen, whom we licensed to confer with them, 
for persuading them of our sincere meaning, behaving our- 
selves in all this as a kind father that seeketh to recover his 
children, and not as a prince that respected his estate. But 
our lenity not having produced the effects which we wished, 
we took counsel to assemble our Estates, and make them 
witnesses of our clemency, whatsoever might happen to their 
persons hereafter : and now by their advice we have de- 
termined to prosecute with all rigour such of that number as 
shall continue in their disobedience, and shall not embrace 
the offers of pardon made unto them. In the execution 
Av hereof, our nobility and Estates convened have solemnly 
promised their assistance, and for the greater authority both 
we and our said Estates have subscribed this act Avith our 
hands. Farther, by their advice, we have ordained, and or- 
dain the act of council past in October 1582, touching the 



308 THE HISTORY OF THE [a. D. 1583. 

attempt at Ruthven, to be delete forth of the books, inhib- 
iting all and sundry of whatsoever estate, quality, and degree, 
to allow by word, writing, or otherwise, the foresaid fact, 
which we (being now at liberty) and our Estates have so 
publicly condemned." 

This act made, the earl of Rothes protested, that his sub- 
scription to the act in October 1582, approving the attempt 
of Ruthven for good service, should not be laid to his charge, 
seeing he did the same unwillingly, and by his majesty's 
special command and direction, likeas soon after the com- 
mitting of the fact he had testified his dishke thereof. The 
king, acknowledging the same to be of truth, made his prot- 
estation to be admitted. Then began all the faction to fall 
asunder, every man suing his pardon ; which was granted, 
upon condition they should depart forth of the realm, and 
not return without his majesty's license. The earl of Mar, 
the master of Glammis, with the abbots of Dryburgh and 
Cambuskenneth, went unto Ireland ; the Lord Boyd, Loch- 
leven, and Easter Wemyss, unto France ; others of the 
meaner sort were confined within certain bounds. The earl 
of Gowrie, notwithstanding he was reconciled to Arran, 
fearing to be troubled, obtained license to go into France ; 
but whilst he delays to go, and putteth off his journey from 
day to day, he falleth into new practices, Avhich brought him 
unto his end. 

The rest of the winter was quiet, but now and then the 
court was kept in exercise by the sermons of some preachers, 
who were therefore called in question. John Dury, minister 
at Edinburgh, had in one of his sermons justified publicly the 
fact of Ruthven ; for which being cited before the council, 
he stood to the defence of that he had spoken ; yet, after 
advice taken with Mr James Lawson his colleague, he was 
moved to submit himself to the king, who continued the 
declaration of his pleasure, till he had proof of his better be- 
haviour. The business with Mr Andrew Melvill was 
greater ; for he being cited to answer for certain speeches 
uttered by him in a sermon preached at St Andrews, de- 
clined the judgment of the king and council, affirming, " That 
what was spoken in pulpit ought first to be tried and judged 
by the presbytery ; and that neither the king nor council 
might, in prima instantia, meddle therewith, though the 



A. 1). 1584.] CHURCH OF SCOTLAND, 309 

speeches were treasonable." When by no persuasion he 
could be induced to submit himself, and that the king and 
council, finding themselves judges, did proceed to examine 
the witnesses, he burst forth in undutiful speeches against 
the king, saying, " He perverted the laws both of God and 
man." Which unrevei'ent words proceeding from a divine, 
in whom moderation and humility should chiefly have ap- 
peared, did greatly oft'end the council. Thereupon was he 
charged to enter his person in Blackness within the space of 
ten hours ; but instead of obeying, he turned his back, and 
fled that night unto Berwick. Then did all the pulpits 
sound, and every day were the ministers exclaiming, " That 
the light of the country for learning, and he that was only 
most fit to resist the adversaries of religion, was exiled, and 
compelled for safety of his life to quit the kingdom." 

Pity it is to think how the king was then used ; for though 
he cleared himself by proclamations, showing that the man's 
flight was voluntary, and that he meant not to have used 
him with any rigour, yet nothing was beheved, and every- 
where people began to stir. Hereupon charges were directed, 
commanding those who had obtained leave to depart out of 
the realm to use the benefit of their licenses, and inhibiting 
all intelligence by letters or otherwise with those that were 
already gone. This wrought not much ; only made those 
that travelled to and fro with advertisements the more wary 
and circumspect. The earl of Gowrie, to liberate himself of 
suspicion, came to Dundee, and conducing a ship, gave out 
that he would forthwith depart ; yet still he lingered, at- 
tending the return of the earl of Mar and the master of 
Glammis from Ireland, at which. time he and others of that 
faction were to join and take arms for reformation of abuses, 
the securing of religion, and preservation of the king his 
person and estate ; for that was made the pretext. 

The king, having notice given him of these practices, sent 
Colonel Stewart, captain of the guard, to apprehend the 
earl of Gowrie, who was suspected because of his lingering. 
The colonel coming upon him unexpected as he lay in the 
house of William Drummond, burgess of Dundee, he made 
to defend the lodging, and stood to it some space ; but the 
town concurring with the captain, he was forced to yield, 
and the next day conveyed to Edinburgh, and committed to 



310 THE HISTORY OF THE [a. D. 1584. 

the custody of Arran. A night or two after, the earls of 
Angus and Mar, with some of their friends and followers, 
surprised the town and castle of Stirling, intending there to 
fortify themselves ; but the sudden expedition which the king 
made compelled them to flee into England, and leave the 
castle victualled for some days, and in it a few gentlemen 
whom they promised to relieve. Such a readiness the king 
found in his subjects at that time, as upon a short warning a 
greater army and better appointed was in no man's memory 
known to have been assembled. The town of Edinburgh 
showed a great forwardness ; for both they advanced moneys 
to levy soldiers, and put divers of their own inhabitants in 
arms to attend the king. It was the nineteenth of Api'il 
when knowledge was given first of the taking of Stirling, and 
before the twenty-fourth all the army was in readiness to 
march. The same day advertisement came of the rebels' 
flight ; whereupon the wardens and keepers of the marches 
were directed to pursue them. The king himself with the 
army marching towards Stirling, Alexander, master of Liv- 
ingstone, was sent to enclose the castle, which yielded upon 
the hearing of his majesty's approach, and was delivered in 
keeping to the earl of Arran. 

The earl of Gowrie, after he had been kept some days in 
Kinneill, was brought to Stirling. Before his transporting 
from Edinburgh, the earl of Montrose, the Lord Down, and 
Sir Robert Melvill were directed to examine him, and hopes 
given that he should find favour if he would discover the 
conspiracy, and what the rebels had intended to do. He, 
upon promise that what he declared should not be made an 
indictment against himself, disclosed all the plot, setting 
down the same with his own hand as followeth. 

" Perceiving his majesty's favour altered towards me, by 
misreport of my unfriends, and my life and my living aimed 
at, I was of necessity forced to seek my relief by concurring 
with others of the nobility who laboured to secure themselves 
and their estates. And hearing that there was some trafilck- 
ing betwixt the noblemen in Ireland and others at home, I 
used all means, though I was suspected by them, to know 
what their courses and hopes were. After some diligence I 
made that way, I met with Mr James Erskine, who travelled 
to and fro betwixt them. And he at first obscured himself 



A. D. 1584,] CHURCH OF SCOTLAND. 311 

from me, and would not be plain, till I promised ray assist- 
ance ; then he showed me that he had been with the earl of 
Angus, whom he found cold, and in some hope to make 
address for himself, and so less careful of their relief who 
were absent. Yet he believed, if the nobleman saw any 
good concurrence of others, he would give his assistance ; 
but refused to deal in these matters, till they should return, 
and things be determined with a common consent. This I 
likewise thought fittest ; but in the mean time I prepared to 
depart, and would have been gone, if contrary winds had not 
stayed me. The same gentleman came afterwards unto me, 
and showed that they were returned, and would shortly be 
seen at Stirling. This moved me to remain, albeit doubting 
of a sufficient concurrence of noblemen. I was not resolved 
what course to take, and lay in a careless security at Dun- 
dee, more inclined to go than to stay. I protest always be- 
fore God, that I never heard nor was in counsel of any plot 
against his majesty's person, crown, or estate, but only 
studied to keep myself from ruin by the assistance of others. 
At our meeting together, unto which time all was deferred, 
it was thought that a course should be taken by common ad- 
vice for securing ourselves in his majesty's favour. And 
whereas I am asked what noblemen were privy to the enter- 
prise, and what was looked for from England, I will truly 
declare all, upon the firm assurance I have of his majesty's 
clemency. At home it was expected, that all those who sub- 
scribed the bond in that first alteration would join themselves 
with us, and besides those divers others ; namely, the earls 
of Marshal and Bothwell, with the Lord Lindsay, and some 
of the west parts. So it was affirmed to me, but how truly I 
cannot say. From England we expected a supply, but no 
certain time was appointed ; and it was said, that the queen 
minded to intercede for restitution of the Hamiltons, if she 
found the king tractable. This is all I know, and if there 
be any other particular tending to his majesty's well or hurt 
which I do not at the present remember, I shall plainly re- 
veal the same, whosoever be offended therewith." 

At his coming to Stirling he sent to the king a letter 
penned in this form. " Please your majesty, it is neither 
diffidence nor despair of your highness' favour and clemency 
towards me, nor any desire I have to live in this world, that 



312 tiip: history of the [a. d. 1584. 

moves me to require some short audience of your majesty. 
But there is a purpose of weighty importance, which I de- 
sire to impart unto your highness, which might have endan- 
gered the Hfe and estate of your mother and yourself, if I 
had not stayed and impeded the same, the reveahng whereof 
may avail your majesty more than the lives and living of 
five hundred such as myself. Most humbly therefore I 
beseech your highness that my petition may be granted. I 
assure myself of your majesty's gracious answer. Stirling 
the last of April, 1584." In a postscript this was added, 
" The matter I have to speak is not the concealing of treason, 
but the revealing of a benefit." 

This petition was denied, and the same made a part of his 
indictment : for being brought to his trial the fourth of May, 
Mr John Graham sitting as justice, and assisted by Sir John 
Gordon of Lochinvar; Alexander master of Livingstone, 
Alexander Bruce of Airth, and James Edmonstone of Dun- 
treath, he was indicted of four points. First, that, in the 
beginning of February, Mr David Home, servant to the earl 
of Mar, came to him privately in the town of Perth, under 
silence of night, and communicated to him the treasonable 
device of surprising the burghs of Perth and Stirling, at least 
of one or other of them ; and that he agreed to the taking 
and fortifying of the said towns ; whereby he had incurred 
the crime of treason, as well in concealing, as consenting to 
that wicked purpose. 2. That understanding Mr James 
Erskine to be a trafficker betwixt Mar, Angus, and others, he 
did belay the ways, to the end he might speak with him, and 
after meeting kept conference with him touching the surprise 
of the castle of Stirling, and the furnishing thereof with men 
and munition. 3. That being charged in Dundee by his 
majesty's letters to render himself to the Lord Pittenweem, 
his majesty's chancellor, and captain of his highness' guard, 
he did enter into the house of William Drummond, burgess 
of Dundee, and with his complices defended the same by the 
space of six hours, making exclamations to the people that 
he was pursued for religion, and desiring them to aid and 
assist him. 4. That he being obliged to maintain his ma- 
jesty's person, life, honour, and crown, and having intelhgence 
of a most weighty purpose that concerned the life and estate 
of the king and the queen his mother, he had treasonably 



A. D. 1584.] CHURCH OF SCOTLAND. 313 

concealed the same, and did as yet keep up the specialties 
thereof; albeit he professed he knew it so perfectly, that in 
his letter written to the king he saith, that it had not failed to 
have taken effect, if he had not stayed and impeded the same. 

The indictment read, he first excepted against Lochinvar, 
that he could not be assessor to the justice in his trial in re- 
gard of the deadly enmity betwixt Gartland (who had married 
his lady's sister) and him. This exception was repelled, be- 
cause the propinquity alleged was only affinitas affinitatis. 
Then he complained that the noblemen who were sent to 
examine him had not kept their word, having promised, that 
whatsoever he confessed should not be laid to his charge. It 
was answered, that the noblemen's word could not warrant 
him. Thirdly, he said, that being indicted for treason, he 
ought to have been cited upon forty days, and a delation 
made by some accuser, which was not observed. The advo- 
cate replied, that, in matters of treason, the king might 
arrest any person upon the space it pleased him. Fourthly, 
he alleged the license granted him to depart the country. 
This was found nought, except he did therewith produce a 
respite or remission. To the last point of the indictment he 
said, that what he offered to reveal tended to his majesty's 
benefit if he had vouchsafed him hearing, and was no matter 
of treason. It was answered, that the concealing of that 
Avhich might tend to the hurt of the king's Hfe and his 
mother's was treason. 

So the indictment was found relevant, and the persons of 
the jury called. These were, Colin earl of Argyle, David 
earl of Crawford, John earl of Montrose, James earl of Glen- 
carne, Hugh earl of Eglinton, James eai-1 of Arran, George 
earl of Marshal, Alexander lord Seaton, Hugh lord Som- 
erville, James lord Down, William lord Livingstone, 
Patrick lord Drummond, James lord Ogilvy, Alexander 
master of Elphingston, and John Murray of Tullibardine. 
They retiring themselves, as the custom is, and returning 
within a short space, pronounced him guilty ; whereupon 
sentence was given, that he should be taken to the market- 
cross, have his head cut off, and be dismembered as a traitor. 
The last part thereof was dispensed, and he in the evening 
beheaded. His servants were permitted to take the head 
with the body, and burv it. This was the end of that noble- 



314 THE HISTORY OF THE [a. D. 1584. 

man, who in his life was much honoured, and employed in 
the chief offices of court : a man wise, but said to have been 
too curious, and to have consulted with wizards touching the 
state of things in future times ; yet was he not charged with 
this, nor seemed he to be touched therewith in his death, 
which to the judgment of the beholders was very peaceable 
and quiet. He was heard to make that common regret which 
many great men have done in such misfortunes, " That if he 
had served God as faithfully as he had done the king, he 
had not come to that end ;" but otherwise died patiently, with 
a contempt of the world, and assurance of mercy at the hands 
of God. 

The same day Archibald Douglas (called the constable), 
and Mr John Forbes, servant to the earl of Mar, were exe- 
cuted. The rest who were taken in the castle had their 
lives spared, and were banished the country ; and David 
Home of Argaty, and one John Shaw, were pardoned. 

The king after this returned to Edinburgh, where he gave 
order for charging the houses of the fugitive lords and their 
friends; and upon information made that certain of the 
ministry had dealing with the rebels, summons were directed 
to charge Mr Andrew Hay, parson of Renfrew ; Mr Andrew 
Polwart, subdean of Glasgow ; Mr Patrick Galloway, and 
Mr James Carmichael, ministers ; to compear before the 
council. Mr Andrew Hay compeared, and nothing being 
qualified against liim, was upon suspicion confined in the north. 
The other three not compearing were denounced rebels, and 
fled into England. 

The pai^iaraent declared current at the time, for the more 
speedy despatch of business, convened the twenty-second of 
May. In it his majesty's declaration concerning the attempt 
of Ruthven was ratified ; the king his authority over all per- 
sons in all causes confirmed ; the declining of his majesty's 
judgment and the council's in whatsoever matter declared to 
be treason ; the impugning of the authority of the three 
Estates, or procuring the innovation or diminution of the 
power of any of them, inhibited under the same pain ; all 
jurisdictions and judicatories, spiritual or temporal, not ap- 
proved of by his highness and the three Estates, discharged ; 
and an ordinance made, " that none, of whatsoever function, 
quality, or degree, should presume privately or publicly, in 



A. D. 1584.] CHURCH OF SCOTLAND. 315 

sermons, declamations, or familiar conferences, to utter any- 
false, untrue, or slanderous speeches, to the reproach of his 
majesty, his council and proceedings, or to the dishonour, 
hurt, or prejudice of his highness, his parents and progenitors, 
or to meddle in the affairs of his highness and estate, under 
the pains contained in the acts of parliaments made against 
the makers and reporters of lies." 

Whilst these statutes were in framing, the ministers, who 
were informed thereof, to work at least a delay, sent Mr 
David Lindsay to entreat the king that nothing should pass 
in act concerning the Church, till they were first heard. 
Arran getting intelligence of this, caused arrest him, as one 
that kept intelligence with England ; so as he was not per- 
mitted to come towards the king. The first night he was 
kept in Halyrudhouse, and the next morning sent prisoner to 
Blackness, where he was detained forty-seven weeks. Mr 
James Lawson and Mr Walter Balcanquel, ministers of Edin- 
burgh, hearing that he was committed, forsook their charge, 
and fled into England, leaving a short writing behind them, 
to show the reasons of their departing. 

John Dury some weeks before was removed and confined 
in the town of Montrose, so as Edinburgh was left Avithout 
any preacher. Mr Robert Pont, minister of St Cuthbert's, 
and one of the senators of the college of justice, because of 
the misregard of the Church, as he pretended, in concluding 
these acts (as the heralds were proclaiming them according 
to the custom), took instruments in the hands of a notary of 
the Church's disassenting, and that they were not obliged to 
give their obedience thereto ; which done, he likewise fleeing 
was denounced rebel, and put from the place in session. 

Rumours hereupon being dispersed that the king was de- 
clined to popery, had made divers acts to hinder the free 
passage of the gospel, and abolish all order and policy in the 
Church, command was given to form a brief declaration of 
his majesty's intention in those acts that concerned the 
Church, and to publish the same for detecting the falsehood 
of those rumours. In this declaration the occasions that 
enforced the king to the making of these statutes were par- 
ticularly set down, and the equity thereof maintained by 
divers reasons. Amongst the occasions were reckoned the 
allowance of the fact of Ruthven by the Assembly of the 



316 THE HISTORY OF THE [a. D. 1584. 

Church; Mr Andrew Melvill his declining of the king and 
council ; the fast kept at the feasting of the French ambassa- 
dors ; general fasts indicted through the realm without the 
king his knowledge; the usurping of the ecclesiastical juris- 
diction by a number of ministers and gentlemen ; the altera- 
tion of the laws at their pleasure, and a number of like abuses. 
And for satisfying good people, strangers as well as subjects, 
touching his majesty's good aitection towards the maintenance 
of religion, certain articles were drawn up and subjoined to 
the said declaration, to make it appear that his majesty had 
intended nothing but to have a settled form of pohcy estab- 
lished in the Church. 

But these things gave not much satisfaction (so great was 
the discontent), and were replied unto in pamphlets, defama- 
tory libels, and scurrile poems, which daily came forth against 
the court, and the rulers of it. To furnish the vacant 
places of Edinburgh, till some were moved to undertake the 
charge, the king did appoint his own ministers, Mr John 
Craig and Mr John Duncanson ; the archbishop of St 
Andrews supplying the ordinary preaching at court. Soon 
after there came a letter from the ministei-s, directed to the 
session of the Church at Edinburgh, and to the council of 
the town, of this tenor. 

" That seeing they were assured many calumnies would 
be forged against them for absenting themselves from their 
flock, they had thought good to write unto them the true 
causes thereof; which were, as they said, the great indigna- 
tion conceived against them by the rulers of the court, for 
resisting the dangerous courses then in hand ; the acts made 
in the late parliament repugnant to the word of God and 
doctrine by them oftentimes preached ; the iniquity com- 
mitted in the passing of the said acts, and violence wherewith 
they were defended ; the articles penned and presented to 
some ministers for submitting themselves to the tyrannical 
regiment of bishops, whom they called gross libertines, belly- 
gods, and infamous ; the charge given to the provost and 
bailiffs of Edinburgh, to take and apprehend all ministers 
that should convene to the eldership, and those that in 
sermon should utter anything against the acts and present 
unhappy course ; with the insolent words cast forth against 
them, that if they followed the course they were in, though 



A. D. 1584.] CHURCH OF SCOTLAND. 317 

their heads were as great as haystacks, they should be laid 
at their heels. These things, they said, did cast them in a 
grievous temptation : for to go from their good course they 
could not, unless they would be traitors to God ; to continue 
in it and stay would bo counted treason against the king, 
and be hazardous to their flock, that was charged to appre- 
hend them, in case of condemning those acts ; which they 
could not but do ; and that after a long wrestling they had 
resolved to depart, and reserve themselves to better times ; 
which they were assured was the pleasure of God, and that 
he would make the world understand that he had his own 
work in it. In end, beseeching them to stand to these things 
which they had heard from them, and embraced as the truth 
of God, they forewai'ned them of wolves that should intrude 
themselves, teachers that sought themselves and not Christ 
Jesus ; which often they had foretold the contempt of the 
truth would work : and concluded with a hope that they 
should sustain the present cross patiently, and be united to 
them again in God his good time." 

The king hearing of this letter sent for the same, and of- 
fending greatly thereat, would have the session and council 
to answer them in this form. 

" We have received and read your letter, for the which 
offence we have humbly craved his majesty's pardon, and 
not only obtained the same, but have likewise purchased 
liberty to write unto you this present, wherein we use you 
more charitably then ye have used us, remitting to learned 
men and your own consciences to show you, seeing you are 
not blinded with ignorance nor lack learning (at the least 
some of you), how far ye have strayed from the right way in 
your letter lately sent to us, unreverently affirming his 
highness' acts of parliament to be repugnant to the word of 
God : we tell you that the same do fully content and satisfy 
us, seeing we can find no part of scripture that is contrary 
thereto. And since we see by the first act, the liberty of 
preaching the word, as the same is presently professed, and 
ministration of the sacraments ratified and allowed, and that 
we know there are wise men and fearing God amongst the 
Estates who concluded these acts, we are resolved to follow 
the apostle's counsel in Rom. xiii., whereunto you did seldom 
exhort us. And now in respect you have so contemptuously 



,318 THE HISTORY OF THE [a. D. 1584. 

slandered these good and necessary laws established by his 
majesty and the Estates, and laboured so far as you can 
to draw men unto dislike thereof, fled out of the realm un- 
challenged and unpursued, and thereby have not only declared 
yourselves guilty, but also misbehaved yourselves tons your 
late flock, first, in leaving us without our knowledge, against 
your duty, and the conditions made unto us, next, in draw- 
ing upon us his majesty's suspicion that we foreknew your 
departure, which of new ye have confirmed by sending a 
letter to us, you being his majesty's rebels and fugitives ; in 
respect, we say, of all the foresaid causes, we by these pre- 
sents discharge ourselves unto you, esteeming ourselves no 
longer your flock, nor you any more our pastors ; and 
thanking God, the revealer of secrets, that he hath made 
you manifest to your shame, and relieved us of wolves in- 
stead of pastors. Thus hoping his majesty will provide us 
of good and quieter-spirited ministers, we commit you to 
God's mercy, who may give you to repent of your foresaid 
offences." 

This letter sent to the council and session of the Church 
to be subscribed made a great business. The town feared 
to displease the king ; and to discharge with their ministers 
in such a form, laying upon them the reproaches of fugitives, 
rebels, wolves, and the rest, they thought would be ill taken 
of all good men : yet after much ado, sixteen of the prin- 
cipals put their hands unto it, and so was it despatched. 
The ministers having received and read the letter were 
mightily grieved, especially Mr James Lawson, who had 
taken greatly to heart the troubles of the Church, and the 
advertisements which were given him of the success of 
matters at home ; and now perceiving by this letter that 
some, who professed themselves very forward in the cause 
had turned their backs upon it, he fell in a great sorrow, 
and thereby contracted a sickness, whereof he died at London 
in October following. A man he was of good learning and 
judgment, of a pious and peaceable disposition, but carried 
too much with the idle rumours of the people. After his 
course of studies passed in the university of St Andrews, he 
was employed by the countess of Crawford, a noble lady, to 
attend her three sons, whom she sent to France ; and upon 
their return, to show his gratitude unto the school wherein 



A. D. 1584.] CHURCH OF SCOTLAND. 319 

he was educated, gave himself to read the Hebrew tongue 
to some youths in the same university. From thence he 
was called to be principal in the old college of Aberdeen ; 
and after three years profitably spent in that place, was 
brought, as we showed before, to Edinburgh, where he con- 
tinued preacher the space of twelve years, in great esteem 
and reputation, until these unhappy times, which bereft this 
church and country of him and his labours. He died in the 
forty-sixth year of his age, and was buried in the new church- 
yard of London, at the side of Master Dearuig, a famous 
preacher in that church. 

His death bringeth to mind other two learned men in this 
church, Mr Alexander Arbuthnot, and Mr Thomas Smeton, 
the one principal of Aberdeen, and the other of Glasgow 
college, who, in the end of last year nigh about the same time, 
departed this life, to the great loss both of the country and 
Church. The first, a gentleman born of the house of Ar- 
buthnot in Mearns, being trained up in the study of letters, 
and having passed the course of philosophy in the same college 
with Mr Lawson, went to France at the age of twenty-three 
years ; there applying himself to the laws, he Hved five 
years an auditor of that great doctor Cujacius, and being- 
made licentiate, returned to Scotland in the year one thousand 
five hundred and sixty-six, of purpose to follow that calling. 
But God otherwise disposing, in the year 1569 he was made 
principal of the college of Aberdeen, where, by his diligent 
teaching and dexterous government, he not only revived the 
study of good letters, but gained many from the superstitions 
whereunto they were given. He was greatly loved of all 
men, hated of none, and in such account for his moderation 
with the chief men of these parts, that without his advice 
they could almost do nothing : which put him in great 
fashery, whereof he did often complain. Pleasant and 
jocund in conversation, and in all sciences expert; a good 
poet, mathematician, philosopher, theologue, lawyer, and in 
medicine skilful ; so as in every subject he could promptly 
discourse, and to good purpose. He died in the forty -fifth 
year of his age, much lamented, and was buried in the college 
chm'ch at Aberdeen the twentieth of October 1583. 

Within some few days he was followed by Mr Thomas 
Smeton. This man, born in Gask, a Uttle village not far 



320 THE HISTORY OF THE [a. D, 1584- 

from Perth, studied philosophy in St Salvator's College at 
St Andrews, under Mr William Cranston, at that time 
provost of the house, by whose persuasion he went beyond 
sea ; and after he had remained a while at Paris, took 
journey to Rome, where entering the society of the Jesuits 
he abode three years. Thereafter coming home for some 
private business, when he had settled the same, ho returned 
to Paris, and kept still in that society. In the year 1571, 
Thomas Maitland, travelHng through France into Italy, did 
request his company in that journey ; whereunto he yielded, 
and went with him to Italy. But the gentleman contracting 
sickness by the way and dying, he returned by Geneva, and 
was there confirmed in the religion to which a little before he 
was inclining. When he came to Paris, after he had re- 
vealed himself to some principals of the society, he forsook 
their profession, and was in danger to have been killed at the 
massacre which fell out at the same time ; but by the favour 
of Sir Francis Walsingham, the English ambassador, he was 
saved, and came in his company to England. Five years he 
remained at Colchester in Essex, teaching some youths of 
the country, and in the year 1578 returned unto Scotland. 
In the year 1580, upon the remove of Mr Andrew Melvill 
to the new college of St Andrews, he was chosen principal 
of the college of Glasgow, and taught the controversies 
there some three years with great profit. He was a man 
learned in the languages, and well seen in the ancient fathers, 
the reading of whose works he did ever seriously recom- 
mend to the youth. The answer he penned in defence of 
this church against Mr Archibald Hamilton, and other dic- 
tates which are yet in the hands of his disciples, do show his 
worth, and the loss this church received by his death. He 
deceased at Glasgow the sixth of December 1583, in the forty- 
seventh year of his age, and was buried in the cathedral 
church. 

These deaths falhng so quick one after another were taken 
to be a presage of great troubles in the Church, nor was it 
long before these stirs happened of which we have spoken. 
All this summer the same continued, the ministers being 
daily called before the council, and a great business made of 
their subscription to certain articles which concerned their 
obedience to the bishops : they who refused had their sti- 



A. D. 1584:.] CHURCH OF SCOTLAND. 321 

pciuls sequestrated, wliicli caused a great outcrying amongst 
the people, and made the rebels to be more favoured. The 
king, to rid himself of these vexations, did call the principal 
ministers, and having showed that all his desire was to have 
the Church peaceably governed, and a decent policy estab- 
lished, he willed them to set down in writing the reasons 
which moved them to refuse subscription, that he might con- 
sider the same, and satisfy their doubts. They choosing 
rather to propound the same by mouth, were after some con- 
ference induced to set their hands to the articles ; this clause 
being added, " agreeing with the word of God." 

Yet new occasions of trouble were still breaking forth. 
Upon information that Mr Nicoll Dalgleish, minister at St 
Cuthbert's, did in his public prayers remember the exiled 
bretlu'en, he was called before the council, and accused of 
praying for the king's rebels, as also for keeping intelhgence 
with them by letters. The minister confessed his praying 
for the brethren, maintaining the same to be lawful, but the 
intelligence he denied ; only granted that he had seen a 
letter written by Mr Walter Balcanquel to his wife, where- 
in he was kindly remembered. The king, offended with his 
answei's, commanded the advocate to pursue liim criminally ; 
which was done the next day. At his appearing before the 
justice, when he heai'd the indictment, he said, " That he 
ought not to be questioned for one and the same fact before 
two judicatories ; and that having answered these points before 
tiie council, he should not be put again to it." The advocate 
replying that the council's proceeding could not stay the 
criminal judge, he was commanded to answer, and to do it 
advisedly, seeing it concerned his life. " If I must answer," 
said he, " I do not think that I have offended in praying for 
my brethren who are in trouble ; and for the letter I saw, 
if the concealing thereof be a fault, I submit myself to his 
majesty's will." The jury proceeding declared him guilty of 
treason ; yet the sentence was continued, and he sent to the 
Tolbooth, where he remained some months, and in end, upon 
his suppHcation, was pardoned and put to liberty. 

In the same court, David Home of Argathy, with Patrick 
Home his brother, were condemned to die for keeping intelli- 
gence with the commendator of Dryburgh, and in the after- 
noon executed. Yet was it no matter of state, but some 

VOL. II. 21 



322 THE HISTORY OF THE [a. D. 1584. 

private accounts that rested undischarged at his parting 
forth of the country, Avherein they had interchanged one or 
two letters. This severity was universally disliked, hut that 
which shortly after ensued was much more hateful. To 
breed a terror in people, and cause them abstain from com- 
municating in any sort with the exiled lords, a proclamation 
was made, " That whosoever should discover any person 
offending in that kind, should, besides his own pardon, re- 
ceive a special reward." Hereupon did one Robert Hamilton, 
commonly called Robert of Ecclesmachen, delate Malcolm 
Douglas of Mains and John Cunningham of Drumwhassill 
for having conspired to intercept the king at hunting, and 
detain him in some stronghold, till the lords might come and 
receive him. A mere forgery, — yet gladly hearkened unto 
by those that desired to be rid of them ; for they were both 
gentlemen of good respect, and mistrusted of the court, 
Mains especially, because of his valour and manhood. To 
make out the accusation, it was devised that Sir James 
Edmonstone of Duntreath, who had lived in great famiharity 
with them, should be charged with the said crime, and upon 
his confession to be pardoned ; which, by the policy of the 
accuser, to his own perpetual discredit, he was menaced to 
yield unto. 

Matters thus dressed, Colonel William Stewart was sent 
to apprehend them, who finding them in their own houses, 
did, without any resistance, bring them prisoners to Edin- 
burgh. The ninth of February they were presented before 
the justice, Mr John Graham sitting as deputy, and Mr 
Edward Bruce as his assessor. Beginning made with Dun- 
treath, he was indicted for conspiring with Mains and Drum- 
whassill, the accuser Hamilton, and others, for taking and 
detaining the king in the manner aforesaid, which was said 
to have been plotted by the earl of Angus, and imparted to 
him and the rest on pannel by John Home, commonly called 
Black John. He, without making any defence, confessed 
all, betaking him to the king's mercy. Drumwhassill, ac- 
cused of the same conspiracy, and of consulting with Dun- 
treath thereupon at the churches of Strathblane and Killearn, 
was farther charged with the treasonable attempt of Ruth- 
ven, whereof he had been partaker. What he answered, I 
find not in the process ; but when Mains his indictment was 



1 



A. D. 1584,] CHURCH OF SCOTLAND. 323 

read, he denied all, and so cleared himself by the unlikeli- 
hood and their impossibility to compass a business of that im- 
portance, to all that were present, as in their hearts they did 
pronounce him innocent. Notwithstanding, they all three 
were convicted, and declared guilty of treason. Doom was 
only pronounced against Drumwhassill and Mains, and they 
the same day hanged in the public street of Edinburgh. 
The gentlemen's case was much pitied, Mains his case especi- 
ally. Hamilton, who made the delation, hved 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 Stirling ; 
at which time James Johnston of ^Vestraw, 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 gen- 
eral fear, as all familiar society and intercourse of humanity 
was in a manner lost, 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 Argyle having departed this hfe the year preceding, he 
was created chancellor. The office of secretary he gave to 
Mr John Maitland, Lethington's son, having banished the 
abbot of Dunfermline, who formerly possessed the same. 
The castles of Edinburgh and Stirling he took to 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 heutenant over the whole kingdom. In a word, 
whatsoever he 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 everything should be 
governed by him ; Sir Lewis Bellenden, justice-clerk, a man 
of brave spirit, did also hardly endure it ; and Mr John 
Maitland, though he had followed him still from Morton's 
execution to that time, began to fall away and work his own 
credit. These things were cunningly dissembled as among 
courtiers, and all outward respect given him by those that 
were plotting his ruin. 

To his feUcity nothing, as he thought, was wanting but the 



324 THE HISTORY OF THE [a. D. 1584. 

friendship of England : this ho was advised by the master of 
Gray to seek by the Lord Hunsdon's means, who lay then 
governor at Berwick. A meeting is hereupon wrought be- 
twixt them, and at Foulden, some three miles from Berwick 
(whither Arran went), matters so dressed as, upon the assur- 
ance of his service to the queen of England, it was promised 
that the exiled lords, who lay near the borders waiting to 
raise some stirs, should be called to London, and upon veri- 
fication 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 ob- 
tained, for removing them farther off from the borders of 
Scotland. More privately he was desired to use all means 
for winning the queen's favour to the earl of Arran : and 
for preparing the Avay to his legation, the archbishop of St 
Andrews was sent some weeks before to inform the queen of 
the king his sincerity 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 at his coming had favourable accept- 
ance, though he was known to be a catholic Roman ; 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 not be suffered to remain in her king- 
doms : and for that the king required touching their farther 
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 Bellenden, justice-clerk, was employed. The 
thing committed to him was the accusation of the banished 
lords, and verifying against them the conspiracy for which 
Mains and Drumwhassill had suffered. 

The lords upon this were brought from Norwich to Lon- 
don, and there challenged by the ambassador, who, as ap- 
peared, insisted with groat fervour against them. But the 



A. D. 1585.J CHURCH of Scotland. 325 

master of Glamrais, answering for the rest, made their inno- 
cency in that particular to be clearly seen, which was heard 
no less willingly by the judges than delivered by the speaker. 
Neither was the accuser any worse minded towards them, 
for all the show he made ; and at the same time were grounds 
laid both for their restitution and Arran his subversion ; the 
queen and council of England being privy to all, and secretly 
advancing their enterprise. Arran in the meantime had 
assurance given him of the queen's 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 Athole, the Lord Home, and master of Cassils were 
committed to prison. The first, because he refused to di- 
vorce from his wife (a daughter of the earl of Gowrie) and 
entail his lands to him; the next, for that he denied him 
his part of the lands of Dirleton ; and the third, for denying 
liim a loan of some moneys, which it was thought he might 
spare. 

His last falling out in that kind was with the Lord Max- 
well, for an excambion of the barony of Mearns and the lands 
of Maxwellheugh with the barony of Kinneill, which he pos- 
sessed by the forfeiture of the Hamiltons. Maxwell, not 
liking to change his old inheritance with such a new and un- 
certain purchase, excused himself, and would not hearken to 
the change : but he thinking to force him thereto by some 
indirect means, travaileth with the Lady Johnston, who 
gave attendance at court, to cause her husband to accept 
of the provostry of Dumfries, and moveth the king to write 
unto the town to elect Johnston their provost, for that he, 
being warden of the west marches, would thereby be made 
more able to keep good order in these parts. Maxwell in- 
terpreting this to be done, as it was, to his disgrace, at the 
time of election convocated his friends, and debarring John- 
ston from entering the town, procured himself to be continued 
in the office. Hereupon informations were made to the king, 
that there could no quietness be expected in these parts un- 
less Maxwell his power was curbed. Charges were also 
directed to cause him present certain of the name of Arm- 
strong, for whom he was obliged ; which he not performing 
was denounced rebel, and connnission given to the laird of 
Johnston to pursue him ; for whose better enabhng he had 



32@ THE HISTORY OF THE [a. D. 1585. 

two companies of hired soldiers allowed him, under the 
charge of two captains, Lamby and Cranston. Maxwell 
hearing of these preparations gathered his forces, and with a 
part thereof sent his natural brother Robert Maxwell to 
intercept the two captains ere they should join with Johnston. 
They encountering in the moor of Crawford, after a sharp 
conflict the captains were defeated, Lamby and most of his 
company killed, and Cranston with divers others taken 
prisoners. 

Johnston, lest he should be thought to do nothing, did 
then make an incursion upon Maxwell's lands, raising fire, 
and carrying away great spoil ; which Maxwell repaid with 
the burning of the house of Lockwood, and the slaughter 
of some of the Johnstons in Annandale. And thus did they 
make war one upon another, till it happened that Johnston 
in a certain conflict was taken by Maxwell, and made prisoner. 
The grief of this overthrow gave Johnston, shortly after he 
was liberated, his death : but the wrath of the court still 
continuing, a convention of the Estates was called to suppress 
Maxwell, and a subsidy granted of twenty thousand pounds 
for levying of soldiers to pursue him. Thereafter all that 
could bear arms, dwelling on the south of Forth, were com- 
manded to be in readiness for attending the king in an expe- 
dition that he intended towards those parts. But the plague 
breaking out in Edinburgh did rage so vehemently all that 
summer as nothing could be done ; so the expedition was put 
off for certain months. 

Meanwhile there fell out an accident which did quite 
alienate the favour of the queen of England from Arran. 
Sir John Forrester and Thomas Ker of Farniherst, wardens 
of the middle marches, being met for restoring some goods 
taken from the English, a tumult fell out, wherein Sir Fran- 
cis Russell, son to the earl of Bedford, was killed. This was 
laid upon Farniherst, and he said to have done it by Arrau's 
instigation, for they two were at that time in great friendship. 
And when the queen did require Farniherst to be delivered, 
Arran did strongly oppose it : yet the king for her satisfac- 
tion did confine them both, the one in St Andrews, and the 
other in Aberdeen. Arran after a little time was relieved 
to his house at Kinneill ; the other contracting sickness kept 
bed a long space, and, as was thought, died of displeasure at 



A. D. 1585.] CHURCH OF SCOTLAND. 327 

Aberdeen. A man he was of a hauglity spirit, and had 
endured much trouble in the service of the king's mother, 
which he esteemed should have made him better respected 
than he conceived he was. 

Shortly after this accident Sir Edward VVotton was em- 
ployed in an ambassage from England, for contracting a league 
offensive and defensive with the king in the cause of rehgion. 
For then came that holy league, as they called it, to be discov- 
ered, which the pope, the Spanish king, with the Guises and 
others had made, to extirpate the reformed religion. The 
queen of England understanding herself to be principally 
aimed at, found nothing better than to make a counter-league 
with the princes reformed: and to that effect sent Sir Thomas 
Bodley to treat with the king of Denmark and the protes- 
tant pruices in Germany, and at the same time employed Sir 
Edward Wotton towards the king. The motion did so 
please him, as presently he called the Estates at St Andi'ews, 
and having in a long and pithy speech expressed the dangers 
threatened to religion, with the necessity that the reformed 
princes had to unite themselves strongly together, procured 
the act following to be concluded. 

" We the nobility and Estates presently convened, under- 
standing that divers princes and potentates, who term them- 
selves catholics, have joined under the pope's authority in a 
most unchristian confederacy against the true rehgion and 
professors thereof, with full intent to prosecute their wicked 
resolution not only within their own estates and dominions, 
but likewise in other kingdoms, where they can pretend no 
lawful power nor authority ; a purpose long since projected, 
and hitherto cunningly carried, but now openly manifested, 
and in divers parts begun to be executed with hard and cruel 
effects; and considering withal how it hath pleased God to 
bless this realm with the sincerity of the gospel (the defence 
whereof is the most just and lawful cause that Christians can 
maintain), we have thought it requisite not only to unite 
ourselves, and join the whole forces which God hath granted 
us under our most religious and Christian sovereign, for the 
better assurance of our own estates, and the more peaceable 
enjoying of so great a benefit, but also, for withstanding the 
dangerous course intended against all the professors of the truth, 
we have judged it needful that a general league and Chris- 



328 THE HISTORY OF THE [a. D. 1585. 

tian confederacy of princes and states, professing tlie true 
religion, should be opposed to the ungodly confederacy of 
the enemies thereof; especially that the two crowns of Scot- 
land and England, which nature, blood, habitation, and the 
profession of one rehgion hath joined, may be inseparably 
united by a more firm and strict league than hath been be- 
twixt any princes their progenitors in times past. For 
which effect we under subscribing for ourselves, and in name 
and behalf of the whole Estates of this realm, whose body in 
this Convention we represent, have given and granted, hke as 
we by the tenor hereof do give and grant, to our sovereign 
lord. King James the Sixth, his council or such of them as 
his majesty shall please to nominate, our full power, privilege, 
assent, and authority whatsoever, competent to us and to the 
three Estates of this realm, to treat or cause to treat, confer, 
transact, and conclude a Christian league betwixt his majesty 
and his highness's dearest sister and cousin, the queen of Eng- 
land, and to nominate and appoint commissioners for that 
purpose, who shall meet at such time and j)lace as his high- 
ness shall agree upon with the commissioners to be directed 
from his said dearest sister, the nomination and election of 
whom we have remitted and do humbly remit to our dread 
sovereign lord, faithfully promising for us, and in behalf 
foresaid, to ratify, approve, and confirm, in the first parha- 
ment, whatsoever thing his majesty shall agree unto, or his 
highness's commissioners in his name shall contract, indent, 
subscribe, or seal concerning the said league, with all heads, 
clauses, and articles thereof, which we do and have the more 
wilHngly done, because of the trust we repose in his majesty's 
wisdom, circumspection, and earnest zeal to maintain the 
truth of God against all that shall happen to attempt any 
thing to the contrary. Providing always that the league do 
not infringe or prejudge in any sort any former alliances and 
leagues betwixt this realm and any other ancient friends and 
confederates thereof, except only in matter of rehgion, con- 
cerning which we do fully consent that the said league be 
made oifensive and defensive, avowing, and by our solemn 
oaths swearing, neither to spare life, lands, houses, goods, 
nor whatsoever it hath pleased God to grant unto us, in de- 
fence and maintenance thereof." 

This act was passed on the last of July with a great consent, 



A. D. 1585.] CIIUllCH OF SCOTLAND. 329 

and was subscribed by the archbishops of St Andrews and 
Glasgow, the bishop of Dunkeld, the commendators of Cul- 
ross, Balmerinoch, Dryburgh, Kinloss, Lindores, Blantyre, 
and Pittenweem, representing the spiritual Estate ; by the 
carls of Arran, March, Athole, Montrose, Marshal, and 
Rothes, the Lords Oliphant, Thirlstane, Gray, Sinclair, 
Down, and Fleming for the nobility ; and by the commis- 
sioners of burghs, and all the officers of estate, amongst the 
rest by the master of Gray, who, though he did profess 
himself a Roman catholic, would in nothing that the king 
affected be thought refractory. 

It was thought that the ambassador did rest well satisfied 
with the king's forwardness towards the league, and that he 
should have presently returned; but he had some other 
business in trust, which was carried more closely. This was 
to make friends to the exiled lords, and labour their restitu- 
tion, 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 
it being found 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 join all in 
the same cause. But Claud fearing either the event of the en- 
terprise, or not having buried his former grudges, did after- 
wards separate, and by discovering their purpose procured 
to liimself Uberty to return ; yet did he not find that accept- 
ance which he expected, being shortly after his coming con- 
fined in Aberdeen, and within a little while commanded to 
leave the country, and go into France. 

There came this summer from Denmark certain ambassa- 
dors to redeem, as they pretended, the Isles of Orkney and 
Shetland, ahenated of old from that crown; yet the true 
errand Avas to propone that marriage unto the king which 
was some four years after happily perfected. The king re- 
ceiving them kindly, and excusing himself for the matter of 
Orkney, because of the pestilence which raged as then in 
Edinburgh (where the registers of the kingdom Avere kept), 
promised, how soon commodity served, to give all reasonable 



330 THE HISTORY OF THE [a. D. 1585. 

satisfaction, and to send some in commission to treat of those 
matters. 

How soon they were dimitted, the king went unto Stir- 
ling, 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 
Maxwell was to join his forces witli them. Hereupon he re- 
turneth to Stirling, and sending for Arran, made proclama- 
tions to go through the country, commanding all the subjects 
to meet him at the castle of Crawford the twenty-second of 
October, for resisting the attempts of the rebels. But things 
were so prepared at court by the English ambassador, as the 
lords did prevent the king in this expedition. They had ap- 
pointed their rendezvous at Linton m Tweeddale; and meet- 
ing there, did solemnly swear not to separate, nor give over the 
prosecution of their enterprise, till the king should be moved 
to accept them in favour, and put Arran forth of his com- 
pany. Maxwell brought with him three hundred soldiers 
that had served against Johnston, and about seven hundred 
horsemen : all the others did scarce equal that number, 
though Bothwell, Home, Yester, Cessford, Drumlanrig, and 
others had joined 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 de- 
fence of the truth, the deUverance 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 Duke Murdock (who was be- 
headed in the time of King James the First), and to lay 
claim to the crown by that title, calling himself King James 
the Seventh. It is true that in the parliament held the year 
preceding, he took protestation in open court, that he re- 
nounced any title that he might pretend to the crown that 
way, which I suppose he did to purge himself of that asper- 
sion : 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 Colonel 
Stewart as abusers of the king. Of the rest of the counsel- 
lors there was no speech, which increased Arran's jealousy 



A. D. 1585.] CHUKCH OF SCOTLAND. 331 

of tliem. Now, how soon the ambassador heard that the 
lords were entered in the country, fearing that some notice 
shouki be taken of his deahng, he left Stirling and went in 
haste to Berwick, without saluting any man. The king sent a 
post after him with a letter, desiring to know the cause of 
his sudden departure, and whether he was directed by the 
queen his sovereign to go away in such sort. Being over- 
taken at Alnwick, he answered, that he had no such direc- 
tion from the queen when he was first employed, but that of 
late he had received a command to retire, because she saw 
no hope of the delivery of that wretched Farniherst. This 
he made the pretext of his departure ; yet in reason he could 
not allege it, Farniherst lying bedfast at the time in Aber- 
deen, 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 would not grant that^he had departed in- 
salutato hospite, seeing he performed that office both Avith 
his heart and hand, and that he should by all possible means 
endeavour that his departure should rather help to maintain 
than dissolve the amity betwixt his sovereign 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 Arran's 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 ambassa- 
dor's departure, which he denied ; yet all that time nothing was 
done that was fitting either for the king's 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 Stirhng. At 
the church called St Ninians (a half mile or less from the 
town), they put themselves in order of battle, '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, entered 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 



332 THE HISTORY OF THE [a. D. 1585. 

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 keys. 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 custom, fell upon the 
stables and made prey of all the gentlemen's horses, whereof 
they found good store. The spoil otherwise was not great 
as of a town not A^ery rich in merchandise. 

In the morning betimes the castle was enclosed, which they 
knew could not long hold out, for it was unfurnished, and 
scarce provided with victuals for one day. In this extremity 
the kiug was advised to employ two of his council towards 
the lords, to ask Avhat 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 forms were not to be 
approved, and to deal in that manner with their kiug they 
would find it unsure ; for what was extorted from him by 
force or fear, he would soon find 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 than to come in the manner they did." The lords 
answered, " That it grieved them sore to be reduced to that 
necessity, nothing being more dear to them than the king's 
honour and safety. But what could they have doue ? they 
were banished from their country, put from their hvings, 
their friends used with cruelty, the king not permitted to 
hear them in their just defence, and always shut up fx'om 
presenting their petitions. That their coming in that man- 
ner was not to dishonour nor force the king, to whom they 
would be most humble supplicants, and upon their knees, if 
they should find access, beg mercy at his hands. All they 
did was to save themselves from ruin, and to be secured from 
their adversaries, who had wronged them and the whole 
states of the kingdom. Wherefore they besought them, as 
their countrymen and friends, to' intercede with his majesty, 
that they might be accepted in favour, and all things com- 
posed in the most quiet and honourable manner for the king 
and state that could be devised." 

This reported to the kmg did mitigate his mind a Uttlc. 






A. D. 1585.] CHURCH or SCOTLAND. 333 

" Foi' myself," said he, " I iliel never like that man's violence 
(meaning Arran), and howbeit, I cannot but offend with th eir 
doings, yet for the country's sake and preservation of public 
quietness, I can pardon and overpass all : but one thing I 
desire you that have been in conference with them to look 
to ; this is, 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 Montrose ; and I beUeve 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 showed the lords, they said, " That they 
had not taken arms for any private quarrel, nor would they 
mix their particulars with the public ; 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 bo 
discharged from his office of the guard, and the same con- 
ferred to another." This being declared to the king, he gave 
his consent to receive them. 

Being brought unto his presence, 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 majesty's 
love and favour." The king answered, " My lord, I did never 
see you before, and must confess that of all this company you 
have been most wronged : you were a faithful servant to the 
queen, my mother, in ray minority, and when I understood 
not, as now 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 Bothwell) what should have moved thee, Francis," 
said he, " to take this course, and come in arms 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 
mayst 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, pro- 



334 THE HISTORY OF THE [a. D. 1585. 

viding you cari'y yourselves from henceforth as becomes 
men of your places, and behave yourselves as dutiful subjects." 
So they arose one by one, and kissed his majesty's hands. 
It was observed that he received the Lord Hamilton with 
greatest kindness, and gave him more respect than any 
others. This was done the day after their entering into 
Stirling. 

Two days after in council the king, renewing his promise, 
did by public act confirm the pardon granted to them and 
their assisters, which was by sound of trumpet proclaimed. 
The earls of Crawford and Montrose were commended to 
the Lord Hamilton, who used them honourably, and Colonel 
Stewart suffered quietly to depart. Arran after his flight 
went unto Kyle, and lived private amongst his friends, de- 
prived of all his honours. The charge of the guard was 
given to the master of Glammis, the castle of Dumbarton 
put in the Lord Hamilton's custody, Stirhng restored to the 
earl of Mar, and the castle of Edinburgh delivered to Sir 
James Home of Cowdenknows, In this manner did the ban- 
ished lords recover his majesty's favour, and return to their 
places; albeit Thuan, deceived by some information, hath 
otherwise related the same. 

How soon the noblemen's peace was proclaimed, Dun- 
treath, who had touched them in his deposition against 
Mains (saying that he was told by one John Home, the lords 
had hired every one of them two men to kill the king), com- 
peared before the council undesired (so the act of council 
beareth), and confessed that he was suborned by Captain 
James (who is henceforth to be so named, the title of Arran 
being returned to the right owner) to make that deposition, 
which in itself was false and untrue, out of fear, and to save 
his life. For verifying whereof, and to show that he did not 
confess 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 Lincluden ; both which 
upon oath testified no less to the king. The council, for 
clearing the noblemen, ordained his confession to bo publish- 
ed ; which was not very needful (for no man did believe the 
delation), only it served to discover the falsehood of the 
suborner. 



A. D, 1585.} CHURCH OF SCOTLAND. 335 

In December following, a parliament was held at Linlith- 
gow for ratifying the peace and abolishing the memory of 
things past. In this meeting the ministers who returned in 
company of the lords did earnestly urge the repealing of the 
acts concluded the year preceding against their discipline : 
which the king did utterly refuse, ordaining that none should 
either publicly declare or privately speak or write in re- 
proach of his majesty's person, estate, or government, as is 
to be seen in the first act of that parliament. The ministers 
oifending greatly therewith, especially with the lords who 
had promised to see these statutes repealed, stirred up one 
Mr William Watson, in his preaching before the king, to 
complain of the neglect that was made of the Church, and 
condemn the acts above mentioned. 

This young man the bishop of St Andrews had placed in 
Edinburgh, after the departing of the ministers to England, 
and he to this time had carried himself very orderly. But 
now, cither fearing that his admission by the bishop should be 
questioned, or to insinuate himself this way in the favours of 
these ministers, who he thought would rule all matters of 
Church as they pleased, he took the boldness to reprove the 
king to his face. This his unseasonable and insolent doing 
was by all wise men condemned, and he therefore committed 
to the castle of Blackness. Not the less another of the same 
humour, called James Gibson, minister at that time in Pen- 
caitland, usurping the pulpit of Edinburgh, where the sick- 
ness was somewhat relented, fell out in the like impertinent 
railing, saying, " That Captain James, with his lady Jesabel, 
and William Stewart (meaning the colonel), were taken to 
be the persecutors of the Church; but that now it was seen 
to bo the king himself, against whom he denounced the curse 
that fell on Jeroboam, — that he would die childless, and be 
the last of his race." This man called before the council con- 
fessed the speeches, and proudly maintained the same ; for 
which he was likewise committed. Vv atson, upon promise 
to amend and behave himself more dutifully, was suffered to 
return to his charge ; but the business with the other took 
a longer time, as we will afterwards hear. 

A few days before this parliament deceased Mr John 
Spottiswoode, superintendent of Lothian, a son of the house 
of Spottiswoode in Merse, within the barony of Gordon, 



336 THE HISTORY OF THE [a. D. 1585. 

of which surname it seems his first progenitors were by the 
arms they have common with the Gordons. His father was 
killed at Floddcn, in the unfortunate battle wherein King 
James the Fourth died, and he left an orphan of four years 
old. When he was come to some years, his friends put him 
to school in Glasgow, where he took the degree of a master 
of arts ; and having a purpose to study divinity, which he 
most affected, was wholly diverted from following the same 
by the persecutions he saw used against those they called 
heretics. So leaving the country he went into England, and 
there Mling in familiarity with Archbishop Cranmer, was 
by his means brought to the knowledge of the truth. Soon 
after the death of King James the Fifth, he returned to 
Scotland, and stayed a long time with Alexander, earl of 
Glencarne, who was known to be affected that way. In his 
company he came to be acquainted with Matthew, earl of 
Lennox, and was by him employed towards King Henry the 
Eighth, at the time that France did cast him off by the 
cardinal's dealing, as we touched before. Matters succeeding 
to the eai'l of Lennox his mind, and he settled in England, 
he remained with him some months ; after which, longing 
to visit his friends, he returned, and being known to Sir 
James Sandilands of Calder, a man of great authority in 
those times, he was by liim moved to accept the parsonage 
of Calder, which fell then void. And living sometimes with 
him, sometimes with the prior of St Andrews, in whose 
company he went to France at the time of the queen's mar- 
riage, ho made no great stay in any one place, till the work 
of Reformation began ; at which time he took himself to re- 
side in Calder, and was, how soon those troubles ended, 
chosen superintendent of the churches of Lothian, Merso, 
and Teviotdale, which by the space of twenty years he gov- 
erned most wisely. His care in teaching, planting of 
churches, reducing people and persons of all sorts into the 
right way, was great, and so successful, as within the bounds 
of his charge none were found refractory from the religion 
professed. In his last days, when he saw the ministers take 
such liberty as they did, and heard of the disorders raised in 
the Church through that confused parity which men laboured 
to introduce, as hkewise the irritations the king received by 
a sort of foolish preachers, he lamented extremely the case of 



A. D. 1585.] CHURGH OF SCOTLAND. 337 

the Chureli to those that came to visit him, who were not a 
few, and of the better sort. He continually foretold, that 
the ministers by their follies would bring religion in hazard, 
and, as he feared, provoke the king to forsake the truth ; 
therefore wished some to be placed in authority over them 
to keep them in awe; "for, the doctrine," said he, "we profess 
is good, but the old policy was undoubtedly the better ; God 
is my witness, 1 lie not.'' And that these were his ordinary 
speeches some two years before his death, many then alive 
could witness. He was a man well esteemed for his piety 
and wisdom, loving, and beloved of all persons, charitable to 
the poor, and careful above all things to give no man offence. 
His happy life was crowned with a blessed death, which hap- 
pened the fifth of December 1585, in the seventy-sixth year 
of his age. 

But to return to the history. The king having settled 
with the noblemen, was very desirous to be at rest with the 
Church, and for that effect called some of the principal min- 
isters to a conference, wherein certain articles were agreed 
for the better ordering of all ecclesiastical affairs ; the full 
determination thereof being remitted to the General Assembly 
of the Church, which was appointed to meet at Edinburgh the 
tenth of May following. In the mean time. Maxwell, puffed 
up with the victory at Stirling, the praise whereof he ascrib- 
ed wholly to himself, grew so insolent, as that the next 
Christmas, taking with him a company of lewd and dissolute 
persons, he went in procession from Dumfries to the College 
Church of Lincluden, and caused a mass to be said. Com- 
plaint being made to the king, he was brought before the 
council, and committed to the castle of Echnburgh, where he 
remained some months. This gave occasion to the proclama- 
tions which followed against priests, Jesuits, and trafficking 
papists, who were all commanded to leave the country before 
a certain day, under pain of death. 

Whilst these things were adoing, Mr Andrew Melvill, to 
be revenged of the bishop of St Andrews, who had devised, 
as he imagined, the acts made in the parliament 1584, and 
penned the declaration thereafter published, did in a synod 
bolden at St Andrews raise a new stir, calling a number of 
barons, gentlemen, and ministers together, as to a synod. 
Mr James Melvill, his cousin, made the exhortation, ir^ 

VOL. II. 22 



338 THE HISTORY OF THE [a. D. 1586. 

which, after a bitter invective against tlie devisers of the 
foresaid acts, he admonished the assembly to censure hhn 
that was known to have had a chief hand therein, meaning 
the bishop. The exhortation ended, Mr Robert Wilkie, 
professor of philosophy in St Leonard's, was chosen modera- 
tor ; and the doctrine, as their manner was, being approved, 
it was proponed that, according to the admonition given 
them, they should proceed in censuring the bishop. The 
opinions were divers ; some holding it dangerous, and doubt- 
ing what might be the consequence of it ; others inquiring if 
he was cited to the diet ; a third sort, more zealous than the 
rest, cried out that it was the cause of God, in which no man 
ought to forecast or fear any danger, and that a citation 
needed not where the iniquity was so manifest ; or if that 
was thought necessary, that he might be warned to the next 
session, being then in the city. This course was held most 
formal, and so was he ordained to be cited. 

In the afternoon he compeared, and protesting that he did 
not acknowledge that judicatory, desired to understand what 
they could charge him with, that he might justify himself. 
They, misregarding the protestation, did accuse him of de- 
vising the statutes made in the year 1584 ; of penning the 
declaration published thereafter by his majesty ; of traducing 
the brethren that fled into England in the time of his ambas- 
sage, and a number the like. To this the bishop, repeating 
his protestation, answered, " That the statutes were not of 
his devising, but when they were proponed, he gave his 
opinion that they were good and lawful acts, and therein had 
served his conscience." At this word a confused clamour 
was raised, that he was a man of no conscience, the very 
second act of that parHament being an express confirmation 
of popery, in so far as by it the dignity and authority of the 
three Estates was ordained to stand unaltered according to the 
ancient custom of the realm. " This," said they, " is a ratify- 
ing of the episcopal jurisdiction, according as it was in time 
of popery." The bishop replied, " That the bishops were not 
by themselves an Estate, but they represented in a part the 
Estate of the Church, which was ever reputed the first Estate 
of the realm since the kingdom became Christian ; and that 
in the act alleged, no jurisdiction was established ; howbeit 
for the episcopal power there was enough to be said, if the 



A. D. 1586.] CHUKCH OF SCOTLAND. 339 

time and place were fitting. But if they had no farther to 
say, he would leave them, putting them again in mind that 
they were not his judges, and that these were matters too 
high for subjects to meddle in," At last, perceiving they 
would proceed with the censures, he appealed to his majesty, 
the council, and three Estates of the realm, or any other 
lawful assembly convened by his majesty, and so departed.^ 

When he was gone, they entered into consultation what to 
do. Many were of the judgment, that after appellation there 
could be no proceeding ; others thought that the appellation 
was not to be regarded. The matter being put to voices, it 
was concluded only by two voices more that he should pre- 
sently be excommunicated. The moderator by his place was 
to pronounce the sentence ; but he refused, albeit he was no 
friend to the bishop at that time ; nor would any other of 
the assembly take on them to do it. In end when all were 
dissolving, and a great part gone forth out of the schools 
(for the assembly was kept in St Leonard's), a young fellow 
named Mr Andrew Hunter willed them to stay, professing 
that he was warned by the Spirit to pronounce the sentence ; 
and so ascending the chaii* he read the same out of the book, 
a few only remaining as witnesses. 

Tliis scornful and disorderly proceeding was the next day 
requited in a form nothing better. Two of the bishops' 
servants going to the church at the time of prayer, caused 
one Mr Samuel Cunningham, cousin to the bishop, go into 
the reader's seat, and pronounce the same sentence against 
Mr Andrew and Mr James Melvill, and some others of the 
ministers of Fife, who had been most eager and forward 
against the bishop. 

The appellation was sent by the bishop to the king, wherein 
first he excepted against the synod as being unlawfully con- 
vened ; next, against their unjust proceedings. The first he 
proved, saying, " That convention was express against the 
statutes of parhament, and neither convocated by his ma- 
jesty's letters, nor by the bishop of the diocese ; moderated 
by a laick person, that had no imposition of hands ; made up 
' [In the former editions of this history, the sentence (p. 338) beginning " At this 
word," &c. is left out, and the bishop of St Andrews is made to assert in a tono 
«f approbation that the " very second act of that parliament is an express con- 
firmation of popery." This assertion was made by the ministers opposed to him 
—the followers of tho two Melvills— and is, iu fact, part of theii- charge against 
him.— E.J 



340 THE HISTORY OF THE [a. D. 158G. 

of a company of barons, gentlemen, masters of schools and 
colleges, who bare no function in the Church, and ought not 
to have any suffrage in ecclesiastic assemblies, and no suffi- 
cient number of ministers assisting ; who, though they had 
been present, by the apostles' rule were subject to the bishop's 
censure, and he not to theirs. The injustice of their pro- 
ceeding he qualified, first, by their citation, which neither 
contained a lawful cause, nor did allow him a reasonable time 
for his appearing. 2d. That at his compearing (which was 
under protestation that he did in no sort acknowledge that 
judicatory) they accused him for defending his majesty's 
authority in matters ecclesiastic, and for his consent given to 
the statutes made in parhament 1584, which were the laws 
of the king and three Estates, which they ought not to take 
on them to condemn. 3d. That they transgressed the order 
set down in their own assemblies, which appoints admonitions 
and prayers to be used for persons before the sentence be 
pronounced. 4th. That the conclusion they took to excom- 
municate him passed not with consent of those who were 
present, and was carried only by the voices of two ignorant 
ministers. 5th. That the moderator of the pretended synod 
refusing to pronounce the sentence, one Hunter, servant to 
Mr Andrew Melvill, had taken on him to do the same, 
alleging he was moved thereto by the Spirit of God ; which 
was a conceit of the anabaptists, and ought to be severely 
punished. And 6th. That ministers in their synods, were 
they never so lawfully convened, may not excommunicate any 
person without consent of the Church whereof he is a member. 
Saint Paul (on whose example they grounded their excom- 
munications) not presuming by himself to cast forth the in- 
cestuous man, but writing to the Church of Corinth, that 
when they were convened together they should do the same. 
In end he entreated his majesty, whom it specially concerned, 
to take cognition of their unruly and tumultuous proceeding, 
and to consider how dangerous a thing it was to put the 
spiritual sword in the hands of such men, who might possibly 
attempt the hke against his majesty's self and others of the 
council." 

When the king heard of this business, he was greatly 
commoved ; yet, because the diet of the Assembly was ap- 
proaching, he thought best to continue the matter to that 



A. D. 1586.] CHURCH OF SCOTLAND, 341 

time ; where, instead of examining the process, or discussing 
the bishop's appellation, a transaction was made in this sort. 
That the bishop, by his handwriting or personal appearance 
in the Assembly, should deny that ever he pubhcly professed 
or meant to claim any supremacy, or to be judge over other 
pastors and ministers, or yet avowed the same to have a 
ground in God's word ; and if so he had done, it had been an 
error against his conscience and knowledge. That he should 
also deny, that in the last synodal assembly he did claim to 
be judge of the same ; and if he had done it, that he erred 
therein, and in his imperious behaviour and contempt of the 
said synod. That, thirdly, he should promise to behave him- 
self better in time coming, and crave pardon for any over- 
sight by him committed, claiming no farther than justly he 
might by God's word : and in all other things carry himself 
as a moderate pastor ought, labouring to be the bishop de- 
scnbed by St Paul, submitting his life and doctrine to the 
judgment and censure of the General Assembly, without any 
reclamation, provocation, or appellation from the same in any 
time coming. That the Assembly on the other part, for his 
majesty's satisfaction, and to give testimony of their willing 
minds to obey his highness so far as they could, and in con- 
science they might, and for the good hope they had of his 
majesty's favourable concurrence in building up the house of 
God, should hold the said process and sentence as undeduced, 
and not pronounced, and restore the bishop, in so far as con- 
cerned the said process and sentence, to the estate wherein 
he was before the pronouncing of the same ; especially be- 
cause the said process was led and deduced during the time 
of the conference, whereupon his majesty had conceived 
offence, with this proviso always, that the bishop should ob- 
serve what he promised in the premises, and carry himself 
dutifully in his vocation in all times thereafter. 

What should have moved the king to hearken to a media- 
tion so prejudicial both to his own authority and the episco- 
pal jurisdiction which he laboured to establish, cannot well 
be conjectured ; except we will think, that by yielding to the 
Church's advice in this particular, he hoped to win them in 
end to those things which served for his peace and their own 
quietness ; or, which I rather believe, that he did only tem- 
porize, not seeing another way how to come by his ends, and 



342 THE HISTORY OF THE [a. D. 1586. 

was content to keep them in any tolerable terms, till he 
should find himself of power suflacient to redress these con- 
fusions. Whatsoever the reason was, the bishop did set his 
hand to the conditions proposed by the Assembly, and receiv- 
ed that declarator for an absolution. Yet did not this 
satisfy the adverse party, who peremptorily urged the jus- 
tifying of their process, with the confirmation of the sentence 
they had pronounced ; which when they could not obtain, 
the same Hunter that pronounced the sentence protested 
publicly against the Assembly's proceeding, and that, not- 
withstanding the absolution granted, the bishop should still 
be esteemed as one justly delivered to Satan, till his conver- 
sion were seen to be true and effectual : unto which protesta- 
tion Mr Andrew Melvill and Mr Thomas Buchanan did 
adhere. 

A motion was made in the same Assembly for censuring 
the ministers that had allowed the acts concluded in the 
parliament 1584 by their subscriptions ; but they were found 
to be so many, as it was feared the urging thereof would 
breed a schism and division in the Church : wherefore after 
some altercation the matter was left, and all the ministers 
exhorted to judge charitably one of another, notwithstanding 
their diversity of opinions. 

The articles agreed upon in the conference with certain 
ministers, whereof the determination was remitted to this 
Assembly, made more ado ; for they having condescended to 
accept bishops, and to give them a chief baud in the gov- 
ernment of church aflFairs, they always being subject to the 
censure of the General Assembly, it was strongly opposed, 
and after a long dispute concluded, that in respect the bishop 
was a pastor, as other ordinary pastors are, he should for 
matters of life and doctrine be tried by the presbytery and 
synod, and for his commission otherwise in church affairs be 
subject to the General Assembly. The secretary, justice- 
clerk, with the lord privy seal and other commissioners for 
the king, disassented, and made protestation, that seeing the 
Assembly had gone from the articles agreed upon in the 
conference, nothing either then, or at the present, concluded 
should stand in force. And thus were they like to dissolve, 
but that Masters Robert Pout, James Martin, and Patrick 
Galloway, being directed to inform his majesty of the differ- 



A. D. 1586.] CHURCH OF SCOTLAND. 343 

once, tilings were drawn to this middest, tliat the bishops 
and others having commission to visit churches should be only 
subject to the trial of the General Assembly, and such as had 
power from them, till farther order was taken. And that 
where bishops and commissioners were resident, they should 
preside in the meetings of presbyteries and synods, Fife only 
excepted, where Mr Robert Wilkie was appointed to mod- 
erate the presbytery of St Andrews until the next synod. 
In the mean time was the order of the presbyteries set down, 
and their power defined, the king taking no notice of their 
doings in that kind. 

The secretai'y, who then supplied the place of chancellor, 
perceiving the king so vexed with the aifairs of the Church, 
and the ministers so refractory and unwilling to be ruled, did 
advise him to leave them to their own courses, saying, " That 
in a short time they would become so intolerable, as the peo- 
ple would chase them forth of the country." " True," 
answered the king, " if I were purposed to undo the Church 
and rehgion, I should think your counsel not ill; but my 
mind is to maintain both, therefore can I not suffer them run 
into these disorders that will make rehgion to be despised." 
This answer did show the king's love to the Church, and liis 
care of the good estate thereof, which in this place I thought 
was not to be passed. 

In the Estate matters went not much better at this time, 
and amongst others nothing gave more offence than the 
acquitting of Mr Archibald Douglas by form of assize. 
This man was known to be guilty of the murder of the king 
his father, and had fled into England six years before. The 
carl of Morton at his death, and one Binny, Mr Archibald's 
own servant, who was executed about the same time, did both 
declare that he was present at the doing of that wicked fact, 
for which the king had often by his letters and ambassages 
entreated the queen of England to have him delivered, yet 
could not obtain it. At this time a remission being purchased 
to him for the couceahng of that murder, with a letter of re- 
habilitation, whereby he might stand in judgment and plead 
against his forfeiture, he was in a jury, held the tweuty- 
sLxth of May, declared innocent, and absolved of the crime. 

This was done by the procurement of the prior of Blantyre, 
'.vho had intruded himself m the parsonage of Glasgow, 



344 THE HISTORY OF THE [a. D. 1586. 

■whereof Mr Archibald had been titular, and otherwise than 
by his restoring could have no right in law to retain it. 
Many were grieved to see justice in that sort abused for 
maintaining a sacrilegious possession ; but to have sent him 
back to England, with a commission to reside there as am- 
bassador for the king, which hkewise was done, was an error 
inexcusable : and how he and the master of Gray, who was 
chief man in that led assize, carried themselves m the queen 
of Scotland's business, wherewith they were trusted, we will 
hear in the end of this year. 

In the isles this summer there arose great trouble betwixt 
M'Neill and M'Lean, two principal men in those parts. 
M'Lean, by his education in the continent, had learned 
civility and good manners, and living accordingly, was in 
great respect both with his own people and all his neigh- 
bours about. M'Neill out of an emulation made many 
quarrels to the other, and in end laid a plot to murder him 
(though he had married his sister), which he went about in 
this manner. He sent a message to M'Lean, offering to 
visit him at his house, and to stay some days, providing he 
•would come back, and make merry with him in his country, 
that the world might see all injuries were forgotten, and that 
they loved one another as brethren and good neighbours 
ought to do. M'Lean answered, that he should be welcome, 
but for his going back with him they should talk at meeting. 
M'Neill receiving this answer, came the next day, and was 
received very kindly by M'Lean. Some four or five days 
he stayed, using the fairest shows of amity that could be 
wished, and being to part homewards, entreated M'Lean to 
go with him, saying, that he would leave his eldest son and 
a broth er-german pledges for his safety. M'Lean upon his 
importunity yielded to go, but refused the pledges, lest he 
should seem to distrust him, and so went, taking with him of 
the trustiest of his kindred and servants some forty -five. 

They arrived in Kintyre early in the morning, and all that 
day were welcomed with liberal feasting, according to that peo- 
ple's custom. At night when they were gone to rest, M'Neill 
beset the house wherein M'Lean and his people lay, with a 
number of men, and called him to come forth and drink ; he 
answered, that of drink they had too much, and that it was 
then time to rest. " Yet it is my wnll," said M'Neill, " that ye 



A. D. 158G.] CHURCH OF SCOTLAND. 345 

arise and come forth." M'Lean hearing this began to suspect 
some bad deahng, and dressing himself and his men, did 
open the door ; where perceiving a company in arms, and 
M'Neill with his sword drawn, he asked what the matter 
was, and if he meant to break his faith. " No faith," said he ; 
" I gave none, and must now have an account of you and 
your friends for the wrong I have received." M'Lean had 
taken that night his nephew, a httle child, to bed with him, 
and being put to his defence, kept the cliild upon his left 
shoulder in manner of a targe. The child cried for mercy 
to his uncle ; wherewith M'Neill moved, did promise to spare 
his life, providing he would render his weapons, and become 
his prisoner. M'Lean, seeing no better, was content, and 
thereupon was conveyed with some keepers to another 
house ; all the rest (two excepted) upon the like promise 
rendered themselves. The two whom he refused to spare 
defended the door so desperately as neither he nor his men 
durst enter, whereupon fire was put to the house, and they 
burnt within the same. The others that rendered, notwith- 
standing the promise given them, were all beheaded in 
M'Lean's sight, some of them the next morning, and the 
rest the days following. M'Lean himself had gone the same 
way, but that it happened M'Neill by a fall from his horse 
to break his leg, by which accident his execution was pro- 
longed. In the mean time, upon notice given to the king 
of that barbarous fact, a herald was sent with a charge to 
deliver M'Lean to the earl of Argyle : but this availing not, 
he was still detained and compelled to yield unto most un- 
reasonable conditions before he got his hberty ; which was 
no sooner obtained than M'Lean, to revenge himself, fell upon 
M'Neill's bounds, burning and killing man, wife, and child, 
without mercy, and so took a cruel revenge of the other's 
treachery. 

A little before this trouble in the isles, Hugh Montgomery, 
earl of Eglinton, a young nobleman of good expectation, 
was likewise treacherously killed by certain Cunninghams, 
who envying the nobleman's worth (otherwise they could 
pretend no just quarrel), did conspire his death. The chief 
actors were David Cunningham of Robertland, Alexander 
Cunningham of Aikct, and John Cunningham of Corsell, who 
were set on work by the earl of Glencarne, upon promise 



346 THE HISTORY OF THE [a. D. 1586. 

that he should maintain them ; which afterwards he disclaim- 
ed. This unhappy fact did cost much blood, and was after- 
wards honourably revenged by Robert, master of Eglinton, 
the nobleman's brother. 

In the month of June was the league with England con- 
cluded, which the year preceding had been carefully laboured, 
and, by commissioners sent from both princes, in a meeting 
at Berwick accorded in this form. 

1. That both their majesties, finding by the course of the 
present proceedings in foreign parts, that divers princes, 
terming themselves catholics, and acknowledging the pope's 
authority, were joined in confederacy for extirpating true 
religion, not only within their "own states and dominions, but 
also in other kingdoms, lest they should seem to be less so- 
licitous for the defence thereof than were their enemies who 
thought to overthrow the same, have thought it necessary, as 
well for the preservation of their own persons, on whose 
safety doth the weal of their subjects depend, as for the 
better maintenance of the true ancient Christian religion which 
they now profess, to join and unite themselves in a more 
strict league than hath been between any princes their 
progenitors. 

2. That they should labour and procure by their best en- 
deavours to draw the princes, professing the same religion, 
to join and concur with them in the like defence thereof. 

3. That this league should be offensive and defensive 
against all that should attempt to disturb the exercise of true 
religion within their kingdoms, notwithstanding of any former 
leagues of friendship or amity contracted with the said at- 
tempters. 

4. That if any prince or state whatsoever should invade 
the realms and dominions of either of their majesties, or at- 
tempt any injury against their persons or subjects, upon 
notice thereof given or received, neither of them should yield 
aid, counsel, advice, or support, directly or indirectly, to the 
said invader, notwithstanding any consanguinity, afiinity, 
league, or treaty made or to be made. 

6. That in case of invasion they should aid and assist each 
other in manner and form following. That is to say, if the 
realm of England should be mvaded by any foreign forces in 



A. D, 1586.] CHURCH OF SCOTLAND. 347 

parts remote from the realm of Scotland, the king, upon 
signification made unto him by the queen of England, should 
furnish two thousand horsemen and five thousand footmen, 
or a lesser number, as it shall please the said queen to re- 
quire, and should cause them to be conducted from the 
borders of Scotland into any part of the realm of England, 
upon the charges of the said queen. And in case the said 
realm of Scotland be invaded in any part remote from the 
borders of England by any foreign force, the queen of Eng- 
land, upon requisition made to her by the king, should furnish 
three thousand horsemen and six thousand footmen, or a 
lesser number, at the option of the said king, and shall cause 
them to be conducted to any part of the realm of Scotland, 
upon the king's charges. 

6. That in case the invasion should be upon the north 
parts of the realm of England, within sixty miles of the 
borders of Scotland, the king, being required by the queen, 
should gather all the forces he could make, and join with the 
English power for pursuing of the said invaders, and keep 
them together for the space of thirty days, or so much 
longer (if it be required) as the subjects of Scotland are 
usually accustomed to stay in the fields for the defence of 
their own kingdom. 

7. That upon any invasion or trouble arising in the realm 
of Ireland, the king, upon notice given to him thereof, should 
not only inhibit the repair thither of any of the inhabitants 
of Argyle, isles, and places adjacent, or any other parts of his 
dominions ; but also, if it shall happen them, or any of them, 
to go into Ireland with a number extraordinary, and in hos- 
tile manner, the king, upon signification of the same, should 
denounce them his rebels, and pursue them as traitors. 

8. That neither of their majesties should hereafter aid, 
supply, assist, or entertain the rebels or adversaries of the 
other, nor permit them to reside either privately or publicly 
in any part of their dominions ; but upon the first requisition 
of the prince to whom they are rebels they should undelay- 
cdly be delivered according to the old leagues and treaties, 
or then expulsed forth of their domuiions, and redress made 
for any injuries they should happen to commit during their 
abode in the same. 

9. That all controversies about matters of borders or 



k 



348 THE HISTORY OF THE [a. D. 1586. 

wrongs committed in the marches since the time of the 
king's accepting the government in his own person, and by 
the space of four years preceding, should be friendly deter- 
mined and satisfied at the sight of commissioners to be ap- 
pointed on both sides, who should meet at the confines 
within six months after the date of the presents, and decide 
thereupon. 

10. That neither of their majesties should enter into any 
league or treaty (without the consent of the other, by letters 
signed with their hands under their privy signet) with any 
other prince or state whatsoever, to the prejudice of the 
present treaty. 

11. That all former treaties betwixt their majesties' pro- 
genitors and both realms, notwithstanding any discontinuance 
thereof, should stand in full force, so far as they should not 
be found derogatory to the present treaty ; and that this 
treaty should not infringe any league made by either of 
their majesties or their progenitors with other their friends 
and confederates in any time bygone, the cause of religion 
only excepted, wherein the present league is declared to be 
offensive and defensive. 

12. That both their majesties should confirm the league by 
their oaths and great seals, which should be interchanged, 
and mutually delivered to others. 

13. Lastly, that the king, at his coming to the perfect age 
of twenty-five years, should cause the present league to be 
ratified by the States of the kingdom ; likeas the queen at 
the same time should cause it to be confirmed in her parlia- 
ment of England. 

These were the articles of the league concluded at Ber- 
wick, and signed by Francis Earl Bothwell, Robert Lord 
Boyd, and Sir James Home of Cowdenknows, commissioners 
for the king ; as likewise by Edward earl of Rutland, Wil- 
liam Lord Evers, and Sir Thomas Randolph, commissioners 
for the queen of England. 

It was believed that this amity contracted with such de- 
liberation should have continued firm ; for, besides the pub- 
lic league, the queen had sent to the king a letter under her 
own hand, wherein she did faithfully promise to suffer nothing 
to be done that might derogate or prejudge his right and 



A. D. 1586.] CHURCH OF SCOTLAND. 349 

title to the crown of England ; and, for a farther demonstra- 
tion of her kindness, had presented him with a gift of an- 
nuity answerable to the lands possessed by the Lady Lennox 
in her time, which the king by divers ambassadors had for- 
merly required as due to him. Yet a few months after, 
brake out a business that put them in worse terms than 
before, and was with no small difficulty pacified; the story 
whereof shall next be related. 

The queen of Scots being touched in the trial of Babing- 
ton's conspiracy, as having interchanged divers letters with 
him, a consultation was kept concerning her, and what was 
fittest to be done ; for they considered that all the conspira- 
cies made against the queen of England, being chiefly in- 
tended m hope of the Scottish queen her succession, so long 
as she lived, their sovereign should never be secured, and 
that therefore the surest course was to put her out of the 
way ; but how this should be done, the opinions were differ- 
ent. The earl of Leicester advising to despatch her secretly 
by poison, Secretary Walsingham did mightily oppose it, as 
that which would draw upon the queen both danger and dis- 
honour, and besides in itself was a thing unjust, and no 
better than a cruel murder. Wherefore his opinion was, 
that the course of law should be kept, and commission given 
for making her process, and, as the trial should prove, for 
giving sentence and judgment. This opinion prevailing, 
certain noblemen, counsellors, and judges, were chosen for 
the business, who meeting at the castle of Fotheringay 
(where the queen of Scots was kept) the eleventh of October, 
and calhng her before them, did charge her with the said 
conspiracy, and intercourse of letters. She refusing to answer 
and be tried as a subject, being herself an absolute queen, 
they not the less went on, and finding her guilty, pronounced 
the sentence of death, which was shortly thereafter confirmed 
by the Estates of parliament, and a supplication therewith 
delivered to the queen for putting their decree in execution. 

How soon the king was advertised hereof, he sent WiUiam 
Keith, gentleman of his chamber, to the queen, with a letter 
to this effect. " That howbeit it seemed strange to him that 
the nobiUty and counsellors of England should take upon 
them to give sentence upon a queen of Scotland, and one 
descended of the royal blood of England ; yet he would 



350 THE HISTORY OF THE [a. D. 1586. 

think it much more strange, if she should stain her hands 
with the blood of his mother, who was of the same royal 
condition with herself, and of the same sex; which as he 
could not believe would enter into her heart to do, so if it 
should be, he desired her to consider how much it touched 
him in honour, that was both a king and a son, to suffer his 
mother, an absolute prince, to be put to an infamous death." 

No answer being returned to this letter, upon new adver- 
tisement that the queen was like to be drawn by the impor- 
tunity of her Estates to give way to the execution, he wrote 
to William Keith more sharply, " requiring him to show the 
queen how unjust he held that proceeding against his mother, 
and that it did neither agree with the will of God, who pro- 
hibiteth to touch his anointed ones, nor with the law of nations, 
that an absolute prince should be sentenced and judged by 
subjects ; and if she would be the first to give that pernicious 
example of profaning her own and other princes' diadems, to 
remember her, that both in respect of nature and honour it 
eoncerned him to be revenged of so great an indignity ; 
which if he should not do, he should peril his credit and rep- 
utation both at home and abroad, and therefore willed him 
for to labour for a delay, until he should send an ambassador 
with overtures that might content and satisfy her majesty." 
For, by a letter, sent from Mr Archibald Douglas, that 
stayed as lieger in England, he found him not well disposed 
in the business, and thereupon resolved to employ a more 
honourable person, and one of greater trust. 

WiUiam Keith having entreated the queen for a delay, 
when as he could not obtain the same, did show her the 
direction he had received from the king : at which she grew 
into such a passion, that if Leicester and others of the council, 
who stood by, had not pacified her (saying that the king did 
only request that his mother might be well used, which was 
a thing natural, and in him an honourable part, and that 
some ill-affected persons possibly had stirred him up to write 
so sharply), she had simply refused him any more hearing. 
But after she had calmed a httle she said, " That she would 
give no answer in anger, and would think of it to the next 
morning," At which time calling him again, she said, " that 
no precipitation should be used, and if any did come from the 
king within a few days, she would stay all proceeding to 



A. D. 1580.] CHURCH OF SCOTLAND, 351 

that time, and be gLad to hear such overtures as might save 
the queen of Scots' life, and assure her own." 

The king, advertised of this, and conceiving some hope 
that matters would draw to an agreement, wrote of new to 
the queen, and showed, " he was sorry to understand that 
his letter sent to WiUiam Keith had been construed as if he 
did threaten her and her Estates, whereas his purpose was 
only to inform her of the rumours going in the country, and 
how much his subjects were moved at those forms of proceed- 
ing with their queen. That for himself, he knew well enough 
how hardly she was pressed, by objecting unto her the peril 
of her own life ; and that he never blamed her directly for 
any thing that was done. Therefore prayed her to account 
him her most honest and steadfast friend, since he never had 
nor should deserve any other at her hand, and that for his 
sake she would continue any proceeding against his mother 
till his overtures should be heard, which the master of Gray 
should bring with him, who was to take journey on the Sat- 
m'day following." 

This letter was speedily carried to the queen, which gave 
her some content ; for thereby she perceived the rumours to 
be vain which were dispersed, that he was minded to break 
the league, and denounce war. The king in the mean time 
having convocated the Estates, and imparted to them the 
case wherein his mother stood, had very liberal promises 
given him, and a present supply of money granted for de- 
spatch of his ambassador. And being advised by the Estates 
to join Sir Robert Melvill in commission with the master of 
Gray, as one that had served his mother long and was truly 
affected unto her, the commission was given to them both, 
and they put in equal trust. So parting from Halyrud- 
house the twentieth of December, they came to London the 
penult of the month. 

The next day Mr Archibald Douglas being sent to desire 
audience, the same was refused, upon information that they 
had been with Monsieur Bellieure, the French ambassador, 
who was employed in the same errand, and had parted from 
the queen in wrath ; yet the contrary being showed, and that 
they refused to make any visit till they had presence of her 
majesty, they had access granted the first of January. At 
their first meeting she quarrelled the letter sent to William 



352 THE HISTORY OF THE [a. D. 1586. 

Keith, asking if they were sent with the Uke threats. They 
answering that his majesty's letter might receive a good con- 
struction; and that he had interpreted himself by another 
directed since that time to her majesty's self, she brake 
' forth into these speeches : " I am unmeasurably sorry that 
there can be no means found to save the life of your king's 
mother and assure mine own : I have laboured to conserve 
the hfe of us both, but now I see it cannot be done." The 
ambassadors replied, that the case was nothing so desperate, 
and that means would be found to put her majesty in assur- 
ance ; yet because they perceived her to be somewhat com- 
moved, they did not think meet to enter at that time more 
deeply in the business. 

At their second audience, which was on the tenth day, the 
queen begun with them in this sort : " A thing long looked 
for should be good when it cometh ; I would now hear what 
are your king's offers." The master (as having the first 
place) answered, " No man makes offer, but for some cause. 
If it like your majesty, we desire to know if the person be 
extant for whom we offer (for the rumour went constantly 
that the execution was past.)" " As yet," said the queen, 
" I think she be ; but will not promise you an hour." 
" Nay," said the master, " we come not to shift, but to offer 
from our sovereign whatsoever in reason can be required ; 
specially that he shall interpose his credit in behalf of his 
mother, and give the chief of his nobility for pledges, that no 
plot nor practice should be contrived against your majesty 
with her knowledge or privity : or if that be not sufficient, 
and that it shall please your majesty to set her at liberty, 
and send her into Scotland, a course shall be taken for secur- 
ing your majesty from all such attempts by her occasion." 

The queen calling the earl of Leicester, with the lords 
admiral and chamberlain, who were nigh by, repeated in 
their hearing these offers, setting them all at nought. Where- 
upon the master took occasion to ask, " What should move 
any man to attempt against her majesty for the queen of 
Scots?" " Because," said the queen, " they think she shall 
succeed to me, and that she is a papist." " And if these 
means shall be taken away," said the master, " apparently 
the danger will cease." " This," says the queen, " I would 
be glad to understand." " If her right of succession to Eng- 



A. D. 158G.] ciiuncH of Scotland, 353 

l.irnl shall be made over in our sovereign's person," said he, 
" papists will have no more hope ; and this I think the queen 
his mother will dimit and resign to him." " But she hath no 
right," said the queen, " for she is declared incapable of suc- 
cession." " And if she have no right," said the master, " the 
hope of papists ceaseth, and so it is not to be feared that they 
will enterpi'ise for her." " But the papists," said the queen, 
" do not allow our declaration." " Then let it fall," said he, 
" in the king's person by her assignation." 

The earl of Leicester objecting that she was a prisoner, and 
could not dimit, the master answered, " That the dimission 
being made to her son, with the advice of all the friends she 
hath in Europe, in case (as God forbid) the queen by any at- 
tempt should be cut off, she would have none to partake with 
her against her son, all the princes her friends standing obhged 
for her resignation, that it should be valid and effectual to 
her son." The queen making as though she did not under- 
stand him, the earl of Leicester said, that the ambassador's 
meaning was, that the king should be in his mother's place. 
" Is it so ? " says the queen, " then I put myself in worse 
case than before. By God's passion (this was her oath) that 
were to cut mine own throat ; he shall never come in that 
place, and be party to me." The master answered, " that he 
would be more party if he should come in his mother's place 
through her death." " Well," said the queeu, " tell your 
king what I have done for him, to keep the crown on his 
head since he was born, and that for my part I mind to 
keep the league that stands betwixt us, which if he break, it 
shall be a double fault." And with these words she made 
away. Sir Robert Melvill following her, requested for 
some eight days' continuance of the execution ; whereunto 
she answered, " Not an hour." 

The king advertised of this conference, and that nothing 
but extremity was to be expected, wrote with his own hand 
to the master of Gray as followeth : " Reserve yourself no 
longer in your dealing for my mother, for you have done it 
too long, and think not that any thing will do good if her 
life be lost, for then adieu with farther dealing with that 
state. Therefore if you look for the continuance of ray 
favour, spare no pains nor plainness in this case, but read my 
letter written to William Keith, and conform yourself wholly 

VOL. II. 23 



354 THE HISTORY OF THE [a. D. 1586. 

to the contents thereof ; and in this let me reap the fruits of 
your great credit there, either now or never. Farewell." 

But before this letter came unto the master, he was drawn 
upon another course, and made more cold in the business, and 
(as the fame went) had taken upon him to pacify the king, 
though the execution proceeded. Meanwhile the earl of Lei- 
cester wrote to the king a letter, wherein not obscurely show- 
ing what was resolved, he advised liim to deal more moder- 
ately in that matter of his mother, her cause not being worth 
the losing of such a friend as the queen his sovereign was. 
" For, albeit, no man," said he, " can blame your majesty to 
speak for the safety of your mother's life ; yet, under your 
favour, your majesty being a prince and a king, you ought 
to weigh without partiality the case of other kings and princes, 
as if it might be your own. Justice should in the bosom 
of all princes have such place, that howsoever affection may 
draw them, if the thing which any of them doth for the 
preservation of their own life and estate be warranted, it 
ought to be borne withal by others." And proceeding in this 
manner, he said, " Let the case of the queen my sovereign 
be made your majesty's, and that any king or prince being in 
your hands, claiming title to your crown, would raise war 
within your realm against you, or conspire with traitors with- 
in your court or country to kill you ; in that case I would 
fain know what would be thought fit by any faithful or good 
subject of yours, that you should do to such a one. Nay, 
give me leave, I humbly beseech you, to ask even of your- 
self, what you would think fit in such a case ? There is no 
other difference, but that this offence is done to the queen's 
majesty by your mother ;" and then after a little (for the letter 
is long), " if my plain speech may be without offence to your 
majesty, I would wish you to think well of this case ; re- 
member how near it is to you, and how much nearer it may 
be to you ; it is seen to all the world wherefore the life of 
our mistress is sought, whose death may be as far out of your 
way as your mother's liberty hath heretofore been danger- 
ous to your own estate. And if it be true which I have heard, 
your majesty's self, by her will, had as well been dispos- 
sessed of the possession of that you have, as defeated of any 
remainder she thought to have interest in. And therefore 
as kings be and ought to be jealous chiefly of their own 



A. D. 1580.] ciiuncii OF Scotland, 355 

estate, so I doubt not but your majesty will deeply consider 
of this case of your mother's, wherein you may perform both 
the office of a son and of a king. And as I have always ad- 
vised you, so do I still, except for a just cause (which I am 
persuaded you shall never have), give not her majesty any 
cause to conceive a breach of love and friendship on your 
part. She is the person and prince in the world that may do 
you most good or most harm ; let no persuasion or device 
make you think otherwise — the world is full of practice, and 
the worst heads most busy," &c. 

At the same time Secretary Walsingham writing to the 
Lord Thirlstane, the king's secretary, Avith whom he kept in- 
telligence, declared, " that it was wondered by all wise and 
religious men in England that the king should be so earnest 
in the cause of his mother, seeing all the papists in Europe 
that affected the change of religion in both realms did build 
their hopes altogether upon her ; and that she had showed 
herself so passionate in point of religion, as she had trans- 
ferred her pretended right to both the crowns unto the king 
of Spain, in case the king, her son, should persist in his pro- 
fession." 

It is true that such informations were given out amongst 
the papists, to divert the king from constancy in his pro- 
fession ; but that any such translation was made by her it is 
not probable, and a thing not to be believed, her declaration 
at the time of her death being far other, as we shall hear : 
albeit, a popish abbot, describing the life of Laurens the 
cardinal, who was at that time protector of the Scottish na- 
tion, affirmeth the foresaid translation to have been in his 
hands, and to have been delivered to him by Count Olivarez, 
the Spanish ambassador at Rome. But that doth merit 
little credit : such forged titles would perhaps have served, 
if the enterprise of eighty-eight had succeeded, but they are 
now of little purpose. 

The king perceiving by all these letters that the death of 
his mother was determined, called back his ambassadors, and 
at home gave order to the ministers to remember her in their 
public prayers, which they denied to do, though the form 
prescribed was most christian and lawful ; which was, that it 
might please God to illuminate her with the light of his truth, 
and save her from the apparent danger wherein she was cast. 



356 THE HISTORY OF THE [a. D, 158G. 

Upon their denial, charges were directed to command all 
bishops, ministers, and other office-bearers in the Church to 
make mention of her distress in their public prayers, and 
commend her to God in the form appointed. But of all the 
number only Mr David Lindsay at Leith and the king's 
own ministers gave obedience. At Edinburgh, where the 
disobedience was most public, the king purposing to have 
their fault amended, did appoint the third of February for 
solemn prayers to be made in her behalf, commanding the 
bishop of St Andrews to prepare himself for that day ; which 
when the ministers understood, they stirred up Mr John 
Cowper, a young man not entered as yet in the function, to 
take the pulpit before the time and exclude the bishop. The 
king coming at the hour appointed, and seeing him in the 
place, called to him from his seat, and said, " Mr John, that 
place is destined for another ; yet since you are there, if you 
will obey the charge that is given, and remember my mother in 
your prayers, you shall go on." He replying, " that he would 
do as the Spirit of God should direct him," was commanded 
to leave the place : and making as though he would stay, the 
captain of the guard went to pull him out ; whereupon he 
burst forth in these speeches : " This day shall be a witness 
against the king in the great day of the Lord : " and then 
denouncing a wo to the inhabitants of Edinburgh, he went 
down, and the bishop of St Andrews entering the pulpit did 
perform the duty required. The noise was great for a 
while amongst the people ; but after they were quieted, and 
had heard the bishop, (as he was a most powerful preacher,) 
out of that text to Timothy, discourse of the duty of Chris- 
tians in praying for all men, they grieved sore to see their 
teachers so far overtaken, and condemned their obstinacy in 
that point. In the afternoon Cowper was called before the 
council, where Mr Walter Balcanquel and Mr William 
Watson, ministers of the town, accompanying him, for some 
idle speeches that escaped them at this time, were both dis- 
charged from preaching in Edinburgh during his majesty's 
pleasure, and Cowper sent prisoner to Blackness. 

The queen of Scots some months before having notice 
given her of the sentence pronounced against her, and being 
willed to prepare herself for death, was nothing thereby de- 
jected, but thanking God for that her sorrowful Ufe was now 



A. D. 1586.] ciiuncH of Scotland. 357 

to end, entreated the queen of England by her letters for 
three things. " First, that her body might be carried by her 
servants into France, to be buried beside her mother. Next, 
that she should not be put to death secretly, but in the pre- 
sence of her servants and others, who might bear -witness of 
her dying in Christ, against the false rumours which her ad- 
versaries might disperse of her. Thirdly, that her servants 
might have leave to go whither they would, and enjoy the 
mean legacies she had bequeathed unto them in her testa- 
ment." Which things she requested in the name of Jesus 
Christ, by the soul and memory of Henry the VII., progeni- 
tor to them both, and by the royal honour and title which 
she had carried. In the same letters she complained of the 
indignity done unto her in the taking away of her royal 
furniture, and that her keepers did use her without that re- 
spect which was due to her estate and birth. But to none 
of these desires was any answer given, the queen of England 
dissembling that she had received any such letter. 

Yet was she much perplexed and doubtful what to do, 
whether to take her out of the way or not. If she should be 
spared, she doubted the noblemen who had given sentence 
against her would take it ill, and perhaps run other courses 
to free themselves from her maUce ; and to take her away, 
she knew it would be interpreted a great cruelty on her part, 
as likewise that the king her son would be sore displeased. 
For, albeit, that the master of Gray at his parting from her 
had in private given hopes that the king's title being reserv- 
ed, and no prejudice made thereto by the sentence given 
against his mother, her death would be forgotten ; yet Sir 
Robert Melvill, who was joined in commission with him, had 
assured her, if rigour were used, that friendship would no 
longer be kept. Debating thus with herself some days upon 
the most expedient, she signed a warrant for the execution, 
and gave it to Davison, one of her secretaries, to be passed 
the great seal : which was no sooner done than, repenting 
the direction, she told him that she would take another way. 
But he having before communicated the warrant with the 
council, they presently sent Beal, their clerk, with the mandate 
and letters to the earls of Shrewsbury, Kent, Derby, and 
Cumberland, to see the same performed. 

The earls, accompanied with the sheriff of the shire and 



358 THE HISTORY OF THE [a. D. 1586. 

justices of peace, came to Fotheringay on Tuesday the 
seventh of February, and having signified the cause of their 
coming, willed the queen to prepare herself to die, for that 
she was to suffer the next morning. She was no way moved, 
as it seemed, and said, " I did not think that Queen Eliza- 
beth, my sister, would have consented to my death ; but 
since it is so, death is to me most welcome. That soul is not 
worthy of heaven's joys, whose body cannot endure one blow 
of the hangman. Only I will request," said she, " that I may 
speak with my confessor and Melvill my steward." It was 
answered that her confessor would not be permitted to come 
unto her, but she should have the bishop or dean of Peter- 
borough, who were nigh by, to give her comfort. She re- 
plied, " They are of another profession, and cannot be fit 
comforters to me ; but since you will not allow my confessor 
to come at me, I will comfort myself in God." 

Some other speeches passed amongst them touching Bab- 
ington, and her secretaries No and Curie, who had both con- 
fessed the interchange of letters with Babington ; after which 
the earls departed, and she calhng for supper, commanded 
her servants to make haste, that she might have leisure to 
set things in order. Having supped sparingly (as her cus- 
tom was), she made an inventory of her goods and moveables, 
setting down the names of those for whom she appointed 
them ; and unto some she gave money with her own hand. 
This done, she wrote unto her confessor, entreating him to 
pray unto God for her, and a few lines to the French king 
and duke of Guise in behalf of her servants. At the ordi- 
nary time she went to bed, and slept some hours quietly ; after 
which having awaked, she spent the rest of the night in 
prayer. 

The day beginning to break, she apparelled herself as slie 
was wont to do on the festival-days, and calhng together her 
servants, showed unto them her will, desiring them to take, 
in good part the legacies she had bequeathed unto them, 
since her means were at the time no better ; and then gave 
herself wholly to devotion. About eight of the clock the 
sheriff of the shire, named Thomas Andrews, entered the 
chapel, where she was praying on her knees, and told her that 
all was ready ; " And I am likewise," said she. Thus aris- 
ing, she came forth to her chamber of presence, where she 



A. D. 1586.] CHURCH of Scotland. 359 

made a short speech to her servants, wiUing them to fear 
God and Uve vh-tuously : and so kissing her women, and 
giving the men-servants her hand to kiss, she bade them 
farewell. 

The earls and other gentlemen meeting her, she showed a 
most cheerful countenance, nothing dejected, but looking grave 
and devout, with a crucifix of ivory in her hands. As she 
was going towards the hall, where she was to suffer, when 
Andrew Melvill her steward did bewail his mishap, in that 
he should be the carrier of the news of his lady's death into 
Scotland, she said, " Do not lament, but rather be glad, for 
thou shalt straightway see Mary Stewart delivered from all 
her cares : you may tell them that I die constant in my re- 
ligion, and firm in affection towards Scotland and France. 
Hitherto thou hast served me faithfully ; and howbeit I 
take thee to be in rehgion a protestant, and I myself am 
catholic, yet seeing there is but one Christ, I charge thee, 
upon thine account to liim, that thou carry these my last 
words to my son, and show that I pray him to serve God, to 
defend the catholic church, and govern his kingdom in peace, 
and never to put himself in the power of another, as I have 
done. Certify him that I have done nothing prejudicial to 
the crown of Scotland, and will him to keep friendship with 
the queen of England; and serve thou him faithfully." 
With these words, some tears falling from her eyes, she 
bade him farewell. 

After this, she was brought to the hall, in the midst where- 
of, over against the chimney (where was a great fire), a 
scaffold was erected of two feet high and twelve feet broad, 
having two steps to ascend : the scaffold was railed about 
almost a yard high, and all covered with black cloth, as were 
the chair, stools, and block, and cushions to kneel upon. 
Before she went up, turning to the earls, she requested that 
her servants might stand by at her death. They answered, 
that their passionate weeping would disquiet her, and do no 
good else. " Nay," said she, " I will promise for them, they 
shall not do so : it is but a small favour, and such as Queen 
EUzabeth would not deny me, to have my maids present." 
She named Melvill her steward, Burgoin her physician, her 
apothecary and chirurgeon, with two maids. 

Being on the scaffold, and silence made, the clerk of the 



360 THE HISTORY OF THE [a. D. 1586. 

council did rOcod the commission, -which she listened to as it 
had been some other matter. That ended, the dean of 
Peterborough began to remember her of her present condi- 
tion, and to comfort her in the best sort he could. She, in- 
terrupting his speech, willed him to hold his peace, for that 
she would not hear him. And when excusing himself that 
what he did was by command of her majesty's council, he be- 
gan again to speak. " Peace, Mr Dean," said she ; " I have 
nothing to do with you, nor you with me." The noblemen 
desiring him not to trouble her farther, she said, " That is 
best, for I am settled in the ancient catholic religion wherein 
I was born and bred, and now will die in the same." The 
earl of Kent saying, that as yet they would not cease to pray 
unto God for her, that he would vouchsafe to open her eyes, 
and enlighten her mind with the knowledge of his truth, 
that she might die therein, she answered, " That you may do 
at your pleasure, but I will pray by myself." So the dean 
conceiving a prayer, and all the company following him, she 
likewise prayed aloud in the Latin tongue : and when the 
dean had finished, she, in the English language, commended 
unto God the estate of his afflicted Church : prayed for her 
son, that he might prosper and hve happily, and for Queen 
Elizabeth, that she might Uve long, and govern her subjects 
peaceably ; adding, that she hoped only to be saved by the 
blood of Christ, at the feet of whose picture presented on 
the crucifix she would willingly shed her blood. Then hft- 
ing up the crucifix and kissing it, she said, " As thy arms, 
O Christ, were spread abroad on the cross ; so with the 
outstretched arms of thy mercy receive me, and forgive me 
my sins." 

This said she rose up, and was by two of her women dis- 
robed of her upper garments. The executioners offering 
their help, and putting to their hands, she put them back, 
saying, '•' She was not accustomed to be served with such 
grooms, nor dressed before such a multitude." Her upper 
robe taken off, she did quickly loose her doublet, which was 
laced on the back, and putting on her arms a pair of silken 
sleeves, her body covered with a smock only, she kissed her 
maids again, and bade them farewell. They bursting forth in 
tears, she said, " I promised for you that you should be quiet ; 
get you hence, and remember me." After which, kneeling 



A. D. 1586.] CHURCH OF SCOTLAND. 361 

down most resolutely, and with the least token of fear that 
might be, having her eyes covered with a handkerchief, she 
repeated the psalm, In te, Domine, confido ; ne confundar in 
cetemum. Then stretcliing forth her body with great quiet- 
ness, and laying her neck over the block, she cried aloud, 
In manus tuas, Domine, commendo spiritum ineum. One of 
the executioners holding down her hands, the other at two 
blows cut off her head, which falling out of her attire seemed to 
be somewhat gray. All things about her were taken from the 
executioners, and they not suffered to carry their aprons, or 
any thing else with them that her blood had touched ; the 
clothes and block were also burned, her body embalmed, and 
in solemn manner buried in the cathedral church at Peter- 
borough ; and after many years taken up by the king her 
son, and interred at Westminster amongst the rest of the 
kings.' 

This was the end of Queen Mary's life ; a princess of 
many rare virtues, but crossed with all the crosses of fortune, 
which never any did bear with greater courage and magna- 
nimity to the last. Upon her return from France, for the 
first two or three years, she carried herself most worthily ; 
but then giving ear to some wicked persons, and transported 
with the passion of revenge for the indignity done unto her 
in the murder of David Rizzio her secretary, she fell into a 
labyrinth of troubles, which forced her to flee into England, 
where, after nineteen years' captivity, she was put to death 
in the manner you have heard. Nigh unto her sepulchre at 
Peterborough was affixed at the time, by some friend that 
bewailed her death, this inscription : — 

" Maria Scotorum regina, regis filia, regis Gallorum vidua, 
reginfe Angliae agnata et hasres proxima, virtutibus regiis et 
animo regio ornata, jure regio frustra saepius implorato, bar- 
bara et tyrannica crudelitate, ornamentum nostri seculi, et 
lumen vere regium extinguitur ; eodemque nefario judicio et 
Maria Scotorum regina morte naturali, et omnes superstites 
reges plebeii facti morte mulctantur. Novum et inauditum 
tumuh genus, in quo cum vivis mortui includuntur, hie extat. 
Cum sacris enim div« Marise cineribus, omnium regum atque 

' [See note at the end of this Book. — E.] 



362 THE HISTOUY OF THE [a. D. 1586. 

principum violatam atque prostratam majestatem hie jacere 
scito. Et quia taciturn regale satis superque reges sui officii 
monet, plura non addo, viator." 

That is, 
" Mary queen of Scotland, daughter of a king, widow of the 
king of France, kinswoman and next heir to the queen of 
England, adorned with royal virtues and a princely spirit, 
having often, but in vain, implored to have the right due to 
a prince done unto her, the ornament of our age, and mirror of 
princes, by a barbarous and tyrannical cruelty is cut off; 
and by one and the same infamous judgment, both Mary 
queen of Scotland is punished with death, and all kings living, 
ascommon persons, are made liable to the same. A strange and 
uncouth kind of grave this is, wherein the living are included 
with the dead ; for with the ashes of this blessed Mary, thou 
shalt know that the majesty of all kings and princes lies here 
depressed and violated. But because the regal secret doth 
sufficiently admonish all kings of their duty, traveller, I will 
say no more." 

The author was not known, nor could be found out, so it 
was taken away. But as soon as it was told the queen that 
the execution was done, she grieved exceedingly, and put on 
a mourning habit, laying all the fault upon Secretary Davi- 
son, to whom she had said that she would take another way. 
Meanwhile, she sent Mr Robert Gary, one of the Lord 
Hunsdon's sons, to the king, with this letter of her own 
handwriting. 

" My dear brother, I would you knew, though not felt, the 
extreme dolour that overwhelmeth my mind, for that miser- 
able accident which far contrary to my meaning hath be- 
fallen. I have sent this kinsman of mine, whom ere now it 
hath pleased you to favour, to instruct you truly of that 
which is too irksome for my pen to tell you. I beseech you 
that as God and many more know how innocent I am in this 
case, so you will believe me, that if I had bid it, I would have 
abode by it. I am not so base-minded, that the fear of any 
hving creature should make me afraid to do what is just, or 
done, to deny the same ; I am not so degenerate, nor carry 



A. D. 1580.] CHURCH OF SCOTLAND. 363 

SO vile a mind ; but as not to disguise fits most a king.'so will 
I never dissemble my actions, but cause them show^ as I mean 
them. This assure yourself for me, that as I know it was de- 
served, if I had meant it, I would never lay it on another's 
shoulders ; and to impute to myself that which I did not so 
much as think of, I will not. The circumstances you will be 
pleased to hear of this bearer; and for my part, think 
you have not in the world a more loving kinswoman and 
more dear friend, nor any that will watch more carefully to 
preserve you and your state. And if any would otherwise 
persuade 3'ou, think they bear more good will to others than 
to you. Thus, in haste, I leave to trouble you, beseeching 
God to send you a long reign, 

" Your most assured loving sister and cousin, 
" Elizabeth R." 

The king denying him presence, and refusing to receive 
his letters, he advertised the queen, who willed him, if he 
could not find access to his majesty, to deliver his message 
and letters to some of the council, if it should be the king's 
pleasure to take information from them. This after the de- 
lay of a few days was yielded unto, and with the letters a 
writing delivered to be showed his majesty of this tenor. 

" Whereas the queen's majesty, my mistress, desiring to 
have your majesty certified aright of the death of the queen 
your mother, and in what sort the same was done, hath com- 
manded me, since I am denied your presence, to declare my 
message to certain of your council. I have thought best to 
put it in writing, because words may be mistaken, and my 
charge this way better performed. First she commanded 
me to assure your majesty, that it never entered in her 
thought to put the queen your mother to death, notwith- 
standing the daily persuasions of her council, the supplica- 
tions of the nobiUty, knights, and gentlemen, and the hourly 
outcries of her poor people and commonalty, wherewith she was 
wearied, and out of measure grieved to see their determina- 
tion fixed that way. And that upon advertisements coming 
every day unto her of the preparation of ships and men both 
in France and Spain to invade her realm, and reports of the 
breaking open of Fotheringay Castle, and the queen your 



364 THE HISTORY OF THE [a. D. 1586. 

mother's escape ; lest she should in any extremity be unpro- 
vided, she had signed a warrant to her council for doing 
what they thought best with your mother ; which warrant 
she deUvered to her secretary Mr Davison to be kept, not 
intending it should be given out of his hands, except some 
invasion from abroad or insurrection of rebels at home were 
made to procure her liberty. But her secretary, otherwise 
than she had purposed, having showed the warrant to two or 
three of the council, they called the whole number together, 
and presently sent a mandate for her execution ; which was 
done, she protests to God, before she knew of it. Hereupon 
the secretary is committed, and will not escape her high dis- 
pleasure. This is the effect of my message ; which if I could 
express so lively as I did hear her utter it with a heavy 
heart and sorrowful countenance, I think your majesty 
would rather pity the grief which she endureth, than in 
any sort blame her for the fact whereunto she never gave 
consent." 

This declaration gave the king no content, for he could not 
think that her council would have presumed without her 
own knowledge to take the Ufe of his mother ; and for the 
censure of the secretary, he did esteem it but a mockery, and 
not a repairing of the wrong he had received. Neither 
wanted he persons about him to sharpen him to take revenge ; 
some out of a desire to have all things troubled, others out of 
the hatred they bore to religion, and some truly resenting 
the injury as done to the whole nation. Which when the 
queen understood, and that her messenger was returned 
without audience, she laboured by her ministers, of whom 
she was ever well furnished, to pacify his mind, and divert 
him from the war he had intended. These working pri- 
vately with the king's chief counsellors, and such of his 
chamber as he was known to affect, dealt so as they kept off 
things from breaking forth unto open hostihty, which was 
every day expected. Secretary Walsingham first by a long 
letter directed to the Lord Thirlstane, who was then in most 
credit, and had the chief administration of affairs, proponed 
divers weighty and important considerations that should 
keep the king from taking any such resolution. Because the 
letter contained the very true reasons that in end moved his 



A. D. 1586.] CHURCH OF SCOTLAND. 365 

majesty to forbear violence and take a more calm course, I 
thought meet to set it down word by word, as it standeth 
in the original. 

" Sir, — Being absent from court when the late execution of 
the queen your sovereign's mother happened, I did forthwith 
upon my return impart to Mr Douglas some things con- 
cerning the course was conceived here, by your said sov- 
ereign's best friends, fit to be holden in this remediless ac- 
cident, for continuance of peace and amity between the two 
crowns, as a thing for the weal of both nations to be desired. 
But finding him unwilling to meddle therewith, I have 
thought good to write to the same eff'ect unto yourself. The 
rather for that I presently understand, by some advertise- 
ments out of that country, that the death of the queen is 
likely to breed so strange an ahenation of his majesty's mind 
towards this realm tending (as is reported) wholly to vio- 
lence, and revenge of that which hath been so necessarily 
done by the whole body of the same ; whereof as for mine 
own part I should be right sorry, so it is generally hoped that 
his majesty, being of that singular judgment himself, by the 
good help and advice of such as you are in credit and autho- 
rity about him, men of wisdom and experience, whom he 
will hear, this mischief will notwithstanding be carefully and 
prudently prevented, considering how every way, all things 
being rightly weighed, this course will be found prejudicial 
as well to your said sovereign's estate as to his reputation, 
if he resolve to persist therein. 

" For, first, the enterprise will undoubtedly be condemned 
in the sight of all such as shall not be transported with some 
particular passion : for that they shall see that he takes arms 
for revenge of an action, besides the necessity wherein it is 
grounded, full of so honourable and just proceedings, as how- 
soever the effect was contrary to their liking, the manner 
thereof by the late queen's gr^at favourers could not but be 
approved and allowed. And as on the one side, the king 
your sovereign oppugning the course of justice, of so unlaw- 
ful, unjust, and desperate a quarrel, cannot be expected any 
other thing than a most unhappy and miserable issue ; so we, 
being assured that in the defence of justice the assistance of 
his mighty arm will not fail us whose judgment this was, 



366 THE HISTORY OF THE [a. D. 1586. 

need not to fear whatsoever man shall attempt to the contrary 
against this realm. 

" But not to stand upon the justness of the quarrel, which 
every man perhaps will not so much regard, it would be con- 
sidered what means your sovereign shall have to go through 
with such an enterprise, if he take it in hand. For the 
forces of his own realm being so far inferior to these in Eng- 
land, no man is so simple but seeth it were no way safe for 
his majesty, trusting only thereto, to make head against the 
power of this land ; neither is it thought that any man will 
be found so unadvised as to wish him so to do. 

" But as it may be that a great number, for lack of under- 
standing, are carried away with such vain discourses, as some 
without solid ground imagine of what might be done in this 
case by a king of Scotland backed and assisted (as they con- 
ceive in the air) with the French and Spanish aid ; so it is 
likely enough there shall not want those that, either for sat- 
isfaction of their private passions, or supply of their necessi- 
ties, or better effectuating some other their private designs, 
would be content to serve themselves of this present public 
occasion and opportunity ; who Avill propound, and promise 
also, more to his majesty of such foreign assistance than they 
know in their consciences can be performed, if he would de- 
clare himself enemy to this realm ; which that he should 
(though to his own ruin) the enemies of both realms will do 
what they can to procure. 

" But men of wisdom and understanding, laying before their 
eyes as well the accustomed delays, and after long solicitation 
and pursuit the simple supplies and support commonly found 
at these foreign potentates' hands ; as also, how doubtful and 
uncertain the success of war may prove, England (God be 
thanked) being so prepared, and in case to defend itself, both 
otherwise and by the conjunction of Holland and Zealand's 
forces by sea, in respect whereof this realm need not fear 
what all the potentates of Europe being banded against us 
can do for to annoy the same ; due consideration, I say, 
being taken hereof, you will easily judge and find how vain 
it were for your sovereign upon so uncertain hopes to em- 
bark himself and estate in an unnecessary war. But much 
more if you shall consider what a sequel and train of dangers 
and hazards this war draweth therewith, the consequence 



A. D. 1586.] CHURCH of Scotland. 307 

wliereof reacheth to whatsoever your sovereign possesseth or 
hopeth for in this hfe. For escaping to be slain in field, if he 
should happen to be taken prisoner, or be constrained to re- 
tire himself out of the realm (things that have fallen out oft 
in experience), and then, having incensed this whole realm 
against him, he should be disabled from any right in the 
succession of this crown (as authority is given to do it by the 
same statute whereby they proceeded against his mother) for 
attempting the invasion of this land, what extremity should 
he be reduced unto ! 

" And truly it could not otherwise be, the ancient enmity 
between the two nations, now forgotten, being by drawing 
blood one of another again likely to be in such sort revived, 
as it would be impossible to make them like of a prince of 
that nation, and specially him who had been, upon so unjust 
a ground, the author of that unfortunate breach. 

" Besides that the greatest part of the ancient nobility, by 
whose judgment the late queen was condemned, and the rest 
of the principal gentlemen of the realm, who confirmed the 
same in parliament, should have just cause to adventure any 
thing, even to the marching over their bellies, rather than 
to yield to his government, who, carrying such a vindictive 
mind, they might doubt would one day call their lives and 
honours in question. 

" And as for the remedy and relief which he might attend 
(standing in these terms) of foreign princes, there are many 
examples of the former ages, and within fresh memory. As 
the king of Navarre's grandfather by the mother's side, and 
Christiern, king of Denmark, both were aUied to Francis the 
First and Charles the Fifth, two of the mightiest potentates 
that reigned in long time. And that this present Don An- 
tonio may sufiice for ensample to teach all princes, if they 
can avoid it, to beware how they fall into that state whereby 
they shall be enforced to seek their own by other potentates' 
means. Princes are not so ready in these days to embrace 
"Other men's quarrels, but where they are extraordinarily in- 
terested in their own fortunes, 

" Wherefore I doubt not but it will be seen by men of 
judgment, not transported with passion, or led away with 
private respects, that it should be every way the only best 
course for your sovereign, by a good and kind usage of her 



368 THE HISTORY OF THE [a. D. 1586. 

majesty, and by showing that princely moderation, as well in 
this grievous accident of his mother's death, as his whole 
proceeding with this realm (which the excellency of his 
highness's education seemeth to promise), to seek to win the 
hearty good will of this realm, as the chief and principal as- 
surance he can in any sort obtain. For to trust or depead 
either upon the French king or the king of Spain, as if by 
their assistance he might attain to the present possession of 
this crown, which be indeed the only two potentates whom 
he must have recourse unto, if he reject the amity of Eng- 
land ; whosoever shall so counsel your sovereign, as things 
presently stand, shall, in the judgment of men of best under- 
standing, bewray great want either of fidelity or judgment, 
drawing his majesty unto so untoward and desperate a course. 
" For it is no way safe for any prince to repose his trust 
and strength upon their favour and assistance to whose de- 
sires and designs his greatness may yield any impeachment 
and hinderance : so were it clearly against common reason to 
expect other support and assistance from them than might 
stand with their own commodities and pretensions, in respect 
whereof neither of tlie two foresaid kings can simply and 
roundly join with your sovereign to his good. 

" First, his religion being odious to them both, and likely to 
prove most prejudicial to the catholic cause, he growing so 
great as he should be made by the union of the two crowns ; 
the consideration whereof caused his mother's affairs to stick 
a long time, and made her now in the end leave him quite 
out of the reckoning, ordaining the king of Spain her heir, if 
her son became not catholic. 

" Next, it is merely repugnant to the policy of France, were 
it but in respect of the ancient claim England maketh to that 
crown, to suffer the uniting of this island under one prince. 

" They have been content in former times, when England 
had a footing in France, to serve themselves of your nation, 
therewith to annoy this realm, by the means of diverting or 
dividing the forces thereof; and so perhaps the politics of 
France can be content to wish at this day, by your sovereign's 
quarrel or any such hke, to be eased of the burden and 
miseries of the present war wherewith they are plagued, by 
transporting the same into this island. But as this realm 
hath good means to prevent that mischief if it were intended, 



A. D. 158G.] CHURCH OF SCOTLAND. 369 

SO were your sovereign to look, when all were done, but to 
be made an instrument, as his predecessors have been, of the 
eiFusion of much Scottish blood for French quarrels, and the 
desolation of that realm. 

" And as things stand presently in France, it is not thought 
that you should find the king ready to hearken to any enter- 
prise against this land ; the said king being most desirous to 
live in peace both with his neighbours abroad and his subjects 
at home, but that he hath been forced, full sore against his 
will, by the practice of them of the house of Guise, to coun- 
tenance with his authority the civil war raised in that realm ; 
which maketh him, whatsoever show he maketh of the con- 
trary, to hate them in his heart. 

" Neither would it be held sound counsel to be given him by 
any that depends upon his fortune, to farther the advance- 
ment of a king of Scots, so nearly aUied to that famUy which 
he hath discovered and greatly feareth to level at his own 
crown, with an intention to depose him, which by the great- 
ness of a king of Scots they should be so much the sooner 
and better able to effect. 

" The king of Spain's assistance, being now in war with this 
realm, were more likely to be obtained, but far more danger- 
ous to be used in respect of his insatiable ambition, deep prac- 
tices, and power, accompanied in this case with a colour of 
right ; wherein how far he would seek to prevail, any oppor- 
tunity or advantage being offered, it may justly be doubted by 
the experience that sundry states have had, which upon slen- 
der grounds of title have been extorted and wrung from the 
true inheritors, and annexed to his own kingdom ; as Navarre, 
Portugal, and all he possesseth in Italy hath been, 

" It is believed that the king of Spain, considering his years 
and unsettled estate every way, would willingly incline to 
peace, if it were offered with reasonable conditions, and not 
over readily at this present embark himself in any new 
enterprises. 

'• But otherwise it is well known, that as he had fancied to 
himself an empire of all this part of Europe, so he had an 
eye to this realm ever since he was king in right of his wife. 
The conquest was intended under colour of religion, as was 
discovered by some that were of his own privy coundl at 
that time. His pretension to be the heir of the house of 

VOL. II. 24 



370 THE HISTORY OF THE [a. D. 1586. 

Lancaster, and, since the late queen's death, the first cathoHc 
prince of the blood royal of England, as also the donation of 
this crown made him by the queen of Scots in her letters, 
with a promise to confirm it by testament (things blazed 
abroad by the said king's ambassador at Paris), ought to 
breed jealousy and suspicion in your sovereign's head, and 
give him to think how he should be used at such an assistant's 
hand. Auxiliary forces have ever been reputed dangerous, 
if they either in number or poHcy were superior to them 
that called them in. The assistance therefore of Spain and 
France being of this nature, as your sovereign hath need of 
neither, so he shall do well to forbear them both, and so shall 
it be most for his ease. 

" It may be some will pretend, that by change of his religion 
your sovereign shall better his condition in regard of these 
foreign princes, besides a great party within this realm that 
thereby shall be drawn wholly to depend upon his fortune. 
But the poor distressed estate of Don Antonio, being a cath- 
olic prince spoiled by a catholic, and receiving so little succour 
at catholic princes' hands, shall be a sufiicient bar to all that 
can be alleged in that behalf. 

" As for the catholic party in England, in his mother's life 
it was never so united as they drew all in one Une, much less 
will they be brought suddenly to rely upon him if he should 
alter his religion (as God defend), which would be his utter 
discredit and 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 rehgion 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 sovereign, that his honour and reputation is so deeply 
interested 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 judgment that he 
is thought to have, cannot be ignorant how far true honour 
ought to possess a christian prince; that is, not whither 
passion or fury used to carry men, but whither reason and 



A. D. 1587.] CHURCH OF SCOTLAND. 371 

wisdom have laid the bounds, that is, within the compass 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 men's judg- 
ments, he hath sufficiently discharged the duty of a son in 
mediatmg for his mother so long as she was alive, and so far 
as he was able to prevail. They which require more at his 
highness's hands, may be presumed not to regard what be- 
seemeth his place and dignity, but to seek the satisfaction of 
their own particular passions and desires. 

" And whosoever persuadeth his highness, that the media- 
tion used by him for his mother, contrary to the humble 
pursuit of the whole parliament, hath already given that of- 
fence to the nobility and people of this land, as it behoveth 
him of force to have recourse to foreign supports, doth greatly 
abuse both his highness and this realm ; for as they were not 
ignorant what nature might and ought to move his highness 
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, where- 
unto the desire I have of the continuance of amity between 
the two crowns hath carried me unawares farther than I 
purposed ; all which I refer to your good consideration, 
not doubting but you will afford most readily and willingly 
all good offices that shall he 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 fourth of March 
1586. 

" Your Lordship's assured Friend, 

" Fra. Walsingham." 

This letter, showed to the king, served much to allay his 
anger, as afterwards appeared. In the May after, the Estates 
being assembled at Halyrudhouse, they show a great forward- 
ness, all of them, for assisting the revenge of his mother's 
death, every man offering to spend his goods and life in that 
quari'el : yet the business was so timed out that summer by 
the private deahng of certain counsellors, as hopes were given 
' " Now that she is dead." Spottiswoode MS., No. 1. 



372 THE HISTORY OF THE [a. D. 1587. 

to the queen that matters should compose, and a more peace- 
able course be taken. 

It was at this time that Sir William Stewart, brother to Cap- 
tain James, returned again to court, and gave his attendance 
upon the master of Gray. The master was then plotting a 
change of court, and had conspired with the Lord Maxwell 
to kill the Lord Thirlstane, Sir James Home of Cowden- 
knows, and Mr Robert Douglas, collector, whose power 
with the king he greatly envied. This he reveals to Sir 
William as one that he believed would take part in the busi- 
ness ; and to make him the more forward tells, that it was 
Thirlstane, the justice-clerk, Blantyre, and himself that 
brought in the lords at Stirling, and put his brother from 
court ; which he repented, and would help so far as he could 
to recall him. Sir William knowing the man's nature, and 
that he was not to be trusted, gave him some hopes of joining 
with him, but in the mean time related all to the king. This 
coming to Thirlstane's knowledge, he complaineth thereof in 
council, and desireth a trial. The master denied that any 
such purpose had passed betwixt them : whereupon Sir Wil- 
liam 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 king's 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 man's mouth : and now the challenge 
being made public, the council 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 Edin- 
burgh. The Lord Thirlstane, and those others that were 
touched with the enterprise of Stirling, 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 purga- 
tion, with the declaration of the noblemen that came home at 
that time, was sufficient." There were present of that num- 
ber the Lord Hamilton, the earls of Mar and Bothwell, who 
upon oath declared, " that they had no assurance from any 



A. D. 1587.] CHURCH OF SCOTLAND. 373 

about the king at the time of their coming, till they were re- 
ceived by his majesty in favour." The like purgation was 
made by the Lord Thirlstane, the justice-clerk, and the rest, 
and so that business ceased. 

After some two or three days the master of Gray and his 
accuser were brought again before the council, where the 
same things that before we heard, being repeated by Sir 
WilHam Stewart, he added farther, that he knew the master 
to be a trafficker against religion, and that he had written 
divers letters to the king of France and duke of Guise, de- 
claring that the king was to seek their assistance in revenge 
of his mother's death, but entreated them not to grant him 
any help, unless he did grant toleration to the catholics for 
exercise of their religion. The master being desired to 
answer, and, as he looked for any favour, to deal ingenuously, 
and confess the truth, said " That he could not deny his 
dealing for toleration of catholics, and that he disliked some 
of the officers of state, and could have wished an alteration ; 
but that he never had so much as a thought against his 
majesty's person ; beseeching him to impute these things 
wherein he had offended to his youth and foohsh ambition." 
Being inquired touching the letter sent to the queen of Eng- 
land, 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 private way, than to do it by form of jus- 
tice ;" and acknowledged the words " mortui non mordent" 
to be his, but not used by him to the sense they were detorted. 

His confession did liberate his accuser, who was presently 
set at liberty, and he himself sent to the Tolbooth of Edin- 
burgh to attend his arraignment, which was made a few days 
after. There, having repeated the same things in effect, he 
submitted himself to the king's mercy ; who thereupon gave 
order to the justice to banish him the realm, and in case he 
did return without license to pronounce the sentence of death. 
Meanwhile he was prohibited to go either into England or 
Ireland, under the like pain ; a punishment too mild, as many 
at that time judged, for crimes so iiateful and odious. But 
the innated clemency of the king, and his unwillingness to 
use rigour towards them whom he had once favoured, did 
not suffer him to inflict the punishment which the offence 
had merited. 



374 THE HISTORY OF THE [a. D. 1587. 

Captain James, who since the enterprise of Stirling had 
lurked amongst his friends, did now begin to show himself, 
and importune the king with delations of Thirlstane and some 
other counsellors, as being accessary to his mother's death, 
and having a purpose to deliver him into England. These 
informations he sent enclosed in a letter to the king by Harry 
Stewart of Craigiehall. The kmg communicating the same 
to the council, direction was given to charge him to enter his 
person within the palace of Linhthgow, and remain there till 
the truth of these delations should be tried ; certifying him, 
that if he failed to obey, process of forfeiture should be led 
against him, as a sower of discord betwixt the king and his 
nobility. When at the time prefixed he entered not, the 
office of chancellary, whereof as yet he used the title, was 
declared void, and bestowed upon the Lord Thirlstane. 

The king being now twenty-one years complete, a parlia- 
ment was indicted to be holden at Edinburgh the twenty- 
ninth of July. For a preparation thereto, and that the 
king might find the better assistance, the noblemen were sent 
for, they especially betwixt whom there were known to be 
any quarrels. At their coming the king did press them with 
a submission of all controversies, and having obtained their 
consents made them all friends. Only William Lord Yester, 
refusing to reconcile with Traquair, was committed and sent 
to the castle of Edinburgh, where he was detained some 
months, till that variance was also composed. Such content 
the king conceived of their agreement, that he did feast them 
all royally at Halyrudhouse, and thereafter caused them 
walk in hands two and two in form of procession from the 
palace to the Market-cross of Edinburgh, where they sealed 
their concord by drinking healths one to another, to the ex- 
ceeding great joy of all the beholders, 

A General Assembly was then also called by his majesty's 
proclamation to the twentieth of June, where the king did 
purpose to have all matters settled betwixt him and the 
Church ; but this meeting had not the like success. For the 
chancellor and justice-clerk being sent thither with certain 
articles, of which two specials were to desire satisfaction for 
the oftences committed by James Gibson and Mr John Cow- 
per, ministers, and that Mr Robert Montgomery might be 
received without any ceremonies into their fellowship ; answer 



A. D. 1587. J CHURCH OF SCOTLAND. 375 

was made, " That if the petitions of the Church in the ap- 
proaching parliament should be granted, they would labour 
to bring matters to such a middest as might best agree with 
the honour of the ministry, satisfy the offence of the godly, 
and the conscience of their brethren, against whom his ma- 
jesty had taken offence. And for Mr Robert Montgomery, 
they should dispense with some ceremonies used in admitting 
excommunicants, in case the king was willing to remit some- 
what of the satisfaction craved of the other two brethren." 
This answer did so displease the king, as refusing to enter 
into any such capitulations, he left off all farther treating 
with them at that time. 

But Montgomery being redacted to great necessity, and 
not knowing what course to take (for the duke of Lennox his 
agents having possessed themselves in the bishopric, he was 
no more acknowledged), did resign his title in favour of Mr 
William Erskine, parson of Campsie, a friend and follower of 
the earl of Mar. This gentleman being well beloved of the 
ministry, and otherwise of good parts, obtained the consent 
of the presbytery of Glasgow, and was admitted thereto by 
them, although he was a laick, and bare no charge in the 
Church. They being called to an account of this their doing 
in the next Assembly, excused themselves, saying, " That 
since churchmen were not permitted to enjoy the bishopric, 
they esteemed it better he should be in title of it than any 
other ; and that he had given his bond to renounce the same, 
in case the General Assembly did not allow of his admission." 
The excuse for the time was accepted, yet their doing was 
disallowed, and they ordained to pursue him upon his bond 
for disannulling the admission : but he found means to retain 
the same, till bishop James Beaton (who lived in France) 
was restored. Montgomery his resignation being then made 
public, he was shortly after as informally absolved as he was 
excommunicated, and placed at a church in Cunningham, 
where he lived in a poor estate to his death. 

The parliament keeping at the time appointed, Mr David 
Lindsay, Mr Robert Pont, and some others, having com- 
mission from the Church, did present themselves in the 
Parliament house at the first sitting, and in name of the 
Church desired the prelates that were present to be re- 
moved, as having no authority from the Church, and the 



376 THE HISTORY OF THE [a. D. 1587. 

most of them no function or charge in it at all. Mr Edward 
Bruce, abbot of Kinloss, rising up and directing his speech 
to the king, made a long discourse of the right they had to 
sit and give voice for the Church in these meetings ; com- 
plaining that the ministers had most disorderly shut them 
forth of their places in the Church, and that now they thought 
to exclude them from their places in the estate, which they 
hoped his majesty would not suffer, and would punish as a 
presumptuous arrogancy on the part of the petitioners. Mr 
Robert Pont replying somewhat bitterly, the king willed 
them to be quiet, and present their petitions orderly to the 
lords of articles, where they should be answered according to 
reason. When it came to the articles, this being in the 
front of their petitions was simply rejected. Some other 
petitions were passed as they had desired, for ratifying all 
laws made in the king's minority in favours of the Church, 
for trying and censuring tlie adversaries of true rehgion, and 
for the punishment of such as did menace or invade the 
ministers of the Church. 

It was in this parliament that the temporality of benefices 
was annexed to the crown, upon a pretext of bettering the 
patrimony thereof, and that the king might have means to 
bear forth the honour of his estate, and not burthen his 
subjects with taxations for his support. This was the public 
pretext, and the king made to believe that the reservation of 
the prelates' houses and precincts, with the tithes of the 
churches annexed to their benefices, would sufiice to maintain 
their dignity and estate. But privately to such of the min- 
istry as sought the subversion of episcopal government it was 
whispered, that this was the only way to undo the prelacy ; 
for there being no livings to maintain them (as in this case 
there would be little or nothing remaining, most of the 
bishoprics being founded on temporal lands, and having but 
few churches annexed), none would be found to accept those 
places ; which also proved true. Hopes besides were given 
to those ministers, that they should have the tithes to use 
and dispone at their pleasure. Yet was it not long ere the 
king did find himself abused, the temporaUties formerly dis- 
poned (which were not a few) being all in the same parlia- 
ment confirmed, and those that remained, in a short time 
begged from him, and given away to the followers of court, 



A. D. 1587.] CHURCH OF SCOTLAND. 377 

SO as nothing was left to benefit or reward any well-deserving 
servant. When as he saw this, and that the spiritual estate 
was by this mean utterly decayed, the priors and abbots 
being all turned temporal lords, he did sore forthink the 
passing of the act, calling it ^ a vile and pernicious act, and 
recommending to the prince his son the annulling thereof. 
The ministers that looked for restoring the tithes, perceiving 
themselves likewise deluded, began also to exclaim and con- 
demn the course, howbeit somewhat too late. 

In the same parliament an act was made in favour of the 
small barons, giving them by their commissioners a voice in 
parliament and conventions with the other Estates. The 
earl of Crawford did strongly oppose, and in name of the 
nobility, protested against their receiving. That which the 
king intended by this was, to free the barons of their de- 
pendence upon noblemen, and have the Estates more parti- 
cularly informed at their meeting of the abuses in the 
country. But so far was he from obtaining these ends, as to 
the contrary they did work him great business in all the en- 
suing parliaments. 

Soon after the Estates dissolved, the Lord Hunsdon, 
governor of Berwick, sent to entreat presence of the king ; 
who yielded the more willingly, because he of all the nobility 
of England had meddled least in the proceedings against his 
mother. The nobleman proposing the same reasons in effect 
which Walsingham had used in his letter to the chancellor, 
and laying before the king the danger wherein he might 
bring his title and right of succession (which otherwise was 
undoubted), if he should enter into open war with England, 
did earnestly beseech him, " seeing that which was done 
could not be undone, to give place unto necessity, promising 
(because it was still beaten into the king's ears that the exe- 
cution of his mother did bar his succession), to bring unto 
him a declaration under the hands of all the judges of Eng- 
land, that the sentence given against his mother was no 
hurt to his right, nor could work any prejudice to his 
succession." 

This conference did break the king very much from his 
resolution ; yet the outcries of the country were great, and 
their desires so vehement for revenge, that he parted with 

' 'Ba.triXix.ov AiJjoy, lib. ii. p. 43. 



378 THE HISTORY OF THE [a. D. 1587, 

Hunsdou in doubtful terms. But when the declaration of 
the judges, which he had promised, was brought unto him, 
and therewith the sentence given against Davison in the 
Star Chamber (whereby it appeared that the execution was 
done without the queen's knowledge), he became more ap- 
peased, and suffered proclamations to go out, inhibiting all 
that dwelt in the borders to make incursions upon England, 
as they were begun to do. 

About the same time did Patrick Vans of Barnbarroch 
and Mr Peter Young his majesty's eleemosynar (who had 
been sent unto Denmark to treat of the marriage^) return,^ 
making report of their agreement : whereupon conclusion 
was taken, that in the opening of the spring, a nobleman 
should be directed to accomplish the ceremonies, and bring 
home the young queen. But the death of King Frederick, 
her father, who departed this life in the month of April 
next after, with other occasions that intervened, made the 
business to be delayed certain months. 

In the end of the year there came from beyond sea divers 
Jesuits and priests, to deal with the catholic noblemen for 
assisting the Spanish armada, which was then preparing to 
invade England, if possibly they should take land in Scot- 
land ; for their hope was to find the king favourable, because 
of the queen's proceedings against his mother, and that he 
should join his forces with the Spanish for revenge of that 
wrong. But he considering his own danger, if strangers 
should set foot in the isle, and not trusting that the Spaniard 
would take the pains to conquer for him the crown of Eng- 
land (for that also was proffered), refused to give ear unto 
such motions. Mr James Gordon, Jesuit, and uncle to the 
earl of Huntly, had been all the summer before in the 
country, and was overseen because of his nephew, whom 
the king intended to match with the duke of Lennox, his 
eldest sister ; neither was he much feared, as being a simple 
man, and not deeply learned. Mr Edmond Hay, brother to 
Peter Hay of Megginch, a Jesuit also, but of greater account 
and more politic and wise, did thereafter arrive, pretending 
that he came to take his farewell of his friends ; and after him 
came divers others, which made the king give out a proclama- 
tion against the resetters, and for apprehending their persons. 
' 15th May. ^ Latter end of August. 



A. D. 1587 ] CHURCH OF SCOTLAND. 379 

In this proclamation, besides Mr James Gordon and the 
said Mr Edmond Hay, I find named Mr Gilbert Brown, 
abbot of Newabbey, Mr John Dury, son natural to 
George Dury, sometimes abbot of Dunfermline, Mr Alex- 
ander Mackwhirry, Mr James Clieyn, Mr Alexander Mel- 
drum, Mr William Crichton, Mr James Seaton, and Mr 
John Morton ; most of these upon their supplications, and 
sureties given to depart in the first ships, obtained a protection 
unto the last day of January, which did so ofi'end the minis- 
ters, as they did call a number of noblemen, barons, and com- 
missioners of burghs to meet at Edinburgh the sixth of 
February, for advising upon some remedy against the pre- 
sent dangers. The meeting was frequent, and Mr Robert 
Bruce, by the suffrages of all, chosen to preside. He had 
preached ordinarily at Edinburgh, a year or somewhat 
more, and was in great respect with all sorts of people, but 
had not entered as yet into the ministerial function. 

Certain assessors chosen according to the custom, the first 
thing proposed was touching the dangers threatened to re- 
ligion, and the readiest means for quenching of the fire of 
papistry kindled through the whole country, which they were 
all gravely exhorted to take to heart, and to consider what 
course was best to obviate these dangers. And to the end 
things might be done advisedly, the noblemen were desired to 
meet apart, the barons and commissioners of burghs likewise 
apart, to set down their advice in writing, and present the 
same to the whole Assembly the next session. 

The day following, all being convened, the advice of the 
noblemen and barons was presented, containing three heads. 
1. That the laws of the country should be prosecuted 
against Jesuits, seminary priests, idolaters, and the maintain- 
ers thereof. And for the more speedy effectuating of the 
same, that the names of all such should be enrolled and de- 
livered to the thesaurer, with the names of their resetters 
and entertainers, to the end citations might be directed 
against them. 2. That in regard of the danger so imminent, 
his majesty and council should be earnestly solicited to pro- 
ceed in execution of the laws against the principal Jesuits 
and their maintainers without delay. 3. That the noblemen, 
barons, ministers, and whole Assembly should go together to 
his majesty, and regret the peril whereunto the Church 



380 THE HISTORY OF THE [a. D. 1587. 

and kingdom was brought by the practices of Jesuits, 
making offer of their lives, lands, and friendship to be em- 
ployed at his majesty's direction for preventing their wicked 
devices. 

This advice being approved, command was given to meet 
at two of the clock in the afternoon, that all might go to- 
gether from the place of the Assembly to the palace of Haly- 
rudhouse, where the king then remained. When this was 
told to the king, and that they were to present themselves 
in such numbers, he grew into choler, and said. They meant 
to boast him with their power, and force the execution of 
their demands. Therefore refusing access to the multitude, 
some few of the principals only were called, to whom he 
uttered his dislike of those irreverent and tumultuary forms. 
Yet because he did acknowledge their complaint to be just, 
and that there was need of a remedy to the evils complained 
of, he promised to appoint six of the council to meet with 
such as the Assembly should design, for advising upon the 
best remedies. 

This reported to the Assembly, they did nominate the 
lords of Wedderburn, Colluthie, Caprington, Ormiston, and 
Whittingham John Johnston, commissioner for Edinburgh, 
Oliver Peblis for Perth, and William Mcnzies for Aber- 
deen ; Mr Robert Pont, David Lindsay, Andrew Melvill, 
and Peter Blackburn to attend. These convening the next 
day, with the chancellor and some others of the council, did 
urge in name of the Church, That Mr James Gordon 
and Mr William Crichton, Jesuits, who were known to be 
in town, should be apprehended ; and that the resetters of 
Jesuits and priests, none excepted, whether they were 
noblemen or others of an inferior degree, should be punished 
according to the laws. For the noblemen, the chancellor 
answered, that the king did mean to use them more calmly, 
and as he had begun with the earl of Huntly (of whose 
conversion there were good hopes), so he would proceed with 
others of that degree. For the two Jesuits, it was promised 
that order should be taken for their despatch forth of the 
country. 

The Assembly, no ways pleased with the report of this 
conference, resolved to present their griefs to his majesty in 
writing, and insist for a more direct answer to their desires, 



A. D. 1587.] CHURCH OK SCOTLAND. 381 

as they did, exhibiting therewith the names of Jesuits, 
priests, and their resetters, such as had been delated to the 
Assembly. Among others they complained of the Lord 
Herries, and the disorders committed by him at Dumfries, 
where he had openly erected mass, and forced the ministers 
to leave the town. The king having considered the griefs, 
made answer, " That albeit they had no warrant from him to 
assemble at that time, yet (as he had signified before to the 
noblemen that were sent unto him) he was glad to hear that 
they were convened in so frequent a number, the business 
being of such importance, and that he should do what be- 
came him as a king to do, neither should any of those that 
he found unreclaimable have credit or countenance of him. 
For the Lord Herries," he said, " that he was more offended 
with him than any of themselves, and had resolved to take 
journey in the beginning of March unto Dumfries, for pun- 
ishing that and other insolences committed by him." 

This answer reported by the chancellor gave some content ; 
thereafter as he was directed he showed the Assembly that 
the king did expect a reparation of the offence committed by 
the minister James Gibson, for he had obtained his liberty 
upon promise that he should give satisfaction at the Church's 
sight. Hereupon the minister was called, who acknow- 
ledged his offence, and was enjoined the next sermon-day 
to preach, and pubUcly acknowledge the speeches complained 
of to have been unadvised and rashly uttered. This he 
promised to do ; yet when he came to the place, he made no 
mention at all of that business ; and being immediately 
charged for not doing that he had promised, he answered, 
" that out of infirmity and weakness he had confessed a 
fault, albeit his conscience did tell him he had not spoken 
any thing that might give just offence." The chancellor per- 
ceiving the man's inconstancy, and that he had been diverted 
by some ill-disposed persons, requii-ed the judgment of the 
Assembly, whether or not they did esteem it an offence to 
call the king a persecutor of the Church, and to affirm in 
pulpit that he should be the last of his race ? The question 
was a while declined ; yet in end being put to voices, it was 
found that the speeches were slanderous and offensive, and 
that he ought therefore to be censured. 

It being then twelve of the clock, the defining of the censure 



382 THE HISTORY OF THE [a. D. 1587. 

was continued to the afternoon, and the minister warned to 
attend. The hour come, and he not appearing, the business 
was greater than before : some alleging that citation must 
be used ere any censure was inflicted ; others excusing his 
absence upon just fear, being pursued by so great person- 
ages. Hereto it was replied, " That there was no fear of 
any indirect or violent course to be taken ; the king, who 
by his own authority might have punished him, having, for 
the regard he carried to the Church, choosed to complain to 
the Assembly, and remit the offender to be censured by 
themselves." Next for the citation required, it was answered, 
" that the warning given him in the face of the Assembly 
was sufficient, and that by his not appearing he had added 
contumacy to his offence." These answers being held suffi- 
cient, and the voices asked touching his censure ; by the greater 
number he was ordained to be suspended from the ministry 
during the pleasure of the Assembly. Yet this did not end the 
business ; for in August thereafter another Assembly being 
convened, the minister appearing declared, " That the reason 
why he withdrew himself in the former Assembly was not 
any contempt or stubbormiess on his part, but the care he had 
of the Church's peace, the affairs whereof, as he was in- 
formed, had been cast off if he had compeared, and not been 
punished." Upon this declaration, without once acquainting 
the king, he was purged of contumacy, and thereby a way 
made to his reponing. The king, as he had reason, being 
greatly offended with these proceedings, and intending to 
right himself otherwise, the minister fled to England, and 
remained there a long space, entertained by the factious 
brethren in those parts, who were labouring at that time to 
bring in the holy discipline, as they termed it, into that church. 
The Lord Herries in the meantime, being certified of 
the king's intended expedition into the west marches, pre- 
vented him and came to court, offering himself to trial. 
Nothing being found but certain neglects in the administra- 
tion of his office (for the complaint of erecting mass at 
Dumfries, and compelling the minister to leave the town, 
was not verified), upon promise to amend, and surety given 
that he should resort to sermons, and suffer nothing to be 
done within his wardenry to the prejudice of religion, he was 
sent back to his charge. 



A. D. 1588.] CHURCH OF SCOTLAND. 383 

Soon after the Lord Maxwell, -who had been licensed to 
go abroad, and had remained some months in Spain, having 
seen the preparation made for the invading of England, by 
the advice of some Scottish catholics returned into the 
country (notwithstanding the~ assurance he had given not to 
return without Hcense), taking land at Kirkcudbright (a port 
of Galloway), about the end of April. It was then expected 
that the navy should take their course to the west parts of 
Scotland, where they might land more safely, and with the 
assistance of Maxwell and others that would join with them 
enter into England by the borders ; which if they had done, 
would doubtless have been more to their advantage ; but 
they took other counsels, as we shall hear. 

Upon Maxwell's return numbers of broken men and 
country people resorted unto him, conjecturing there was 
somewhat in hand which would give them work. The Lord 
Herries, not able to command them, and fearing if any dis- 
order arose the same should be imputed to him, came and 
showed the king what appearance there was of trouble. 
Charges were incontinent directed for Maxwell's appearing 
before the council; but he disobeyed, and fortifying his 
houses and other strengths that he had in custody, began to 
levy some companies of foot and horse ; which being told to 
the king, he with such forces as he could have on a sudden 
took journey to Dumfries, and came upon him so unexpected, 
as he had almost surprised him in his house at Dumfries. 
But upon warning given him, an hour before the king's 
coming he escaped, and went to Galloway. Some httle 
resistance was made at the port, which gave him leisure to 
escape, and was excused by the town's ignorance of the king 
his being there in person. 

The next morrow, which was the twenty-eighth of May, 
the houses of Lochmaben, Langholm, Treve,and Caerlaverock, 
were summoned to render ; all which obeyed, the castle of 
Lochmaben excepted. This was kept by one Mr David 
Maxwell, who trusting fooHshly to the strength refused to 
yield, though the king himself going thither did call him by 
name (for he knew the man), commanding him to render. 
Upon his disobedience the house was enclosed ; and because 
there was no munition at hand whereby to batter it, a post 
was directed to borrow some ordnance from the English 



384 THE HISTORY OF THE [a. D. 1588. 

warden, which was quickly conveyed thither, and a company 
of soldiers sent to guard the same. These began no sooner 
to play than the keepers, terrified with the noise, craved a 
parley. Sir William Stewart, brother to Captain James, 
being employed to confer with them, they yielded, upon 
promise, as was said, that their lives should be spared. But 
the captain, because he had refused the king himself at first, 
was hanged ; the rest were pardoned, and suffered to 
depart. 

The king returning the same night to Dumfries, directed 
Sir William Stewart to try what course Maxwell had taken, 
and to do as he found occasion. Having learned that he 
had taken sea in a small bark, he followed in a ship rigged 
forth by the town of Ayr, and overtaking him some miles 
off, brought him back and delivered him prisoner to the 
king, who was then returned to Edinburgh. It was no 
small piece of service, and by all men so esteemed. But the 
countenance which the king gave him made the man so 
swell, as falling in a contest for I know not what matter 
with the Earl Bothwell, he used some uncivil speeches to the 
nobleman, who meeting him a few days after in the High 
Street of Edinburgh, did in a sudden conflict kill him out- 
right. 

The news of the Spanish navy being then divulged, and 
the king advertised of their setting forth, he called the 
Estates to a meeting at Edinburgh, and imparting to them 
the advertisements he had received, did ask their advice 
how he should carry himself in that business. " For 
howbeit," said he, " I have no great occasion for myself to 
fear, being under league and friendship with all christian 
princes and estates ; yet the case of England ere it be 
long may turn to be our own, and we forced to share with 
them in their troubles. The intention of Spain, I know, is 
against England ; and considering the right I have to that 
crown after the queen's death that now reigns, I see not 
how it shall be safe for me to let another possess himself of 
that kingdom ; nor will any man make mc to think, that the 
king of Spain, if he shall chance to prevail, will part with it, 
and give place to my right, having once made conquest 
thereof. As now whilst the event is doubtful, they speak 
fair and make liberal promises ; but if matters succeed to 



A. D. 1588. J CHURCH OF SCOTLAND. 385 

their minds, we shall hear other words. They take rehgion 
for a pretext of their invasion, but it is the kingdom they 
seek ; and granting that rehgion were the true cause, 
are not we ourselves in the same case with England ? 
The prosecution of the holy league will strike no less 
upon us than them. But for myself, I haA^e ever thought 
mine own safety and the safety of religion to be so con- 
joined, as they cannot well be separated ; neither desire I 
to live or reign any longer than I may serve to maintain the 
same. I am not ignorant what the opinion of many is, and 
that they think I have now a fair occasion to revenge the 
wrong and unkindness I received by the death of my 
mother. But whatsoever 1 think of the excuses which the 
queen hath made to me, I will not be so foolish as to take 
the help of one that is mightier than myself ; nor will I give 
such liberty to mine own passions, as therefore to neglect 
rehgion, and cast in hazard both this kingdom and those 
others that belong to me after her death. By this you see 
what my mind is, and the reasons that lead me to it. I 
have called you that I may have your counsel and assistance 
at this time, and therefore desire to hear of you what is the 
best both for you and me to do." 

This speech was seconded by the chancellor, who did out 
of his reading adduce divers histories to make good what the 
king had said ; " That it was no way expedient to side with 
Spain in that invasion, or suffer him to possess himself of 
England ; yet since the queen had not required any aid from 
him, his opinion was, that he should strive to assure his own 
kingdom, and not to permit them to take land in his bounds. 
That a general muster should be taken in the whole realm, 
and some noblemen named unto whom, upon occasion, the 
subjects might resort, watches appointed at all the seaports, 
and beacons erected in the highest places, for advertising the 
country if any fleet was seen at sea ; and that the king and 
council should stay at Edinburgh to attend the success of 
things, and direct the subjects accordingly." His opinion was 
applauded of all, Bothwell excepted, who was earnest to 
have the occasion embraced of invading England, and therein 
was so forward, that upon his own charges he had levied 
soldiers to serve under him, if the resolution which he ex- 
pected should have been taken. But the king willing him 



386 THE HISTORY OF THE [a. D, 1588. 

to look unto the sea (for he was admiral by his office), and to 
take care that the ships within the country were ready for 
service, he acquiesced. 

A httle after the convention dissolved. Colonel Sempill, 
who had betrayed the town of Lire to the Spaniard some 
six years before, and remained for the most part with the 
prince of Parma in Flanders, arrived at Leith, pretending a 
commission from that prince to the king. But the matters 
he proponed were of so small importance, as the king appre- 
hending the commission to have been given him rather for a 
colour to his practices with some ill-disposed subjects, than 
for the business pretended, commanded Sir John Carmichael, 
captain of the guard, to have an eye upon him unto his return 
(for he was then going to Falkland), and if he perceived any 
letters brought unto him in the mean time, to take and pre- 
sent them to the council. Carmichael getting notice that a 
pinnace was arrived in the frith, and a passenger landed, 
went straight to the colonel's lodging in Leith, and finding 
him unsealing the letters, showed what he had in charge, 
and that it concerned him to present the same to the lords. 
The colonel offering to go himself to the council, the earl of 
Huntly, who did then reside in a lodging nigh to the palace 
of Halyrudhouse, with his young lady whom he had married 
a few days before, upon notice of his apprehension, did meet 
Carmichael in the way, and forced him to quit his prisoner, 
saying that he would enter him to the council. Advertise- 
ment going of this to the chancellor, who was then at the 
evening service in St Giles (for it was a time of public humi- 
liation), he came forth, and, being followed by a great num- 
ber of people, made towards Huntly, and had certainly taken 
back the colonel, if the king, who was then come from Falk- 
land, had not happened to encounter him as he Avent down 
the street, with whom he returned to the lodging within the 
city, where at that time, and most of the winter, the king 
did keep his residence. 

There the chancellor declared what had fallen out, and 
whither he was going, entreating his majesty to take some 
order with the insolency committed. Huntly being called, 
after some frivolous excuse, did promise to present the colonel 
the next morning ; but he escaping the same night was not 
any more seen. The king did highly offend at his escape, 



A. D. 1588,] CHURCH OF SCOTLAND. 387 

yet Tvas loath to use the nobleman with rigour, having 
matched him so lately to his cousin ; only he discharged him 
to come in his presence, neither was he admitted unto it till 
the news were brought of the dissipation of the navy ; and 
then, as in a time of public joy, that fault was overseen and 
pardoned. 

The queen of England in the mean time hearing what 
course the king had taken, how he had committed Maxwell 
to prison, and was preparing to resist the Spaniard, sent Sir 
Robert Sidney to give him thanks for his good affection, and 
to make offer of her assistance if the Spaniard should happen 
to land in Scotland. The king received him graciously, and 
as he was discoursing of the ambition of Spain, and his pur- 
pose to take in England, said, " that the king needed not to 
expect any greater kindness at his hand, if he prevailed." 
The king merrily answered, " That he looked for no other 
benefit of the Spaniard in that case than that which Polyphe- 
mus promised to Ulysses, namely, to devour him after all his 
fellows were devoured." Neither did Sidney sooner return 
than a fresh advertisement was sent from the queen of their 
overtlirow. 

Of this navy and the destruction that befell it many have 
written so particularly as nothing can be added. Yet because 
the benefit redounded to this church and kingdom no less 
than others, and that the spoils of that wreck fell for some 
part on our northern isles, we shall touch it a little. The 
navy consisted of a hundred and thirty-four sail, a great part 
whereof were galleasses, and rather like castles pitched in the 
seas than ships. The vessels carried eight thousand sailors, 
twenty-two thousand soldiers and above, besides the com- 
manders and voluntary adventurers, who were reckoned a 
hundred and twenty -four : and for provision they had abun- 
dance of whatsoever was necessary either at sea or at land. 
Their direction was to join with the prince of Parma and his 
forces, who were appointed to meet them in the narrow seas, 
and to invade England together. But whether the prince 
had not time sufficient to prepare himself, or that he was 
kept in by the Holland fleet, he came not as was expected. At 
Plymouth the English had the first sight of the navy, and 
kept combat with them till they anchored in the road of 
Calais. Before they came thither they lost the galleon 



388 THE HISTORY OF THE [a. D. 1588. 

wherein Don Pedro de Valdez and divers other noblemen 
were, which was taken in fight and sent to Plymouth. An- 
other galleon commanded by Don Michael de Oquendo took 
fire, and therein many were burnt to death ; yet the nether 
part of the ship being saved, was likewise sent thither. The 
galleasse of Naples, commanded by Don Hugo de Moncada, 
perished in the sands of Calais ; where, whilst they lay at 
anchor, Captain Drake by a stratagem put them in great 
confusion : for choosing out eight small ships that were least 
useful, he filled them with pitch, brimstone, gunpowder, and 
the like combustible matter, and charged the ordnance with 
bullets, stones, broken iron, and chains. The ships driven 
with the wind and tide into the midst of the navy, and the 
trains taking fire, put the Spanish in such fear (the same 
falling out in the night season), as having no leisure to weigh 
their anchors, they were forced to cut their cables, and make 
to the sea. 

The next morning, ranging themselves again in order, 
they approached to Gravelines ; but no supply coming from 
Parma, and the English ships hotly pursuing them, they 
were compelled to pass by. In this conflict perished the 
galleon of Biscay, and two other great ships. Two galleons 
of Portugal, the one called St Phihp, the other St Matthew, 
having lost their tackling, and being torn with shot, made 
towards the coast of Flanders, and were taken by the Zea- 
landers. Once, as it seemed, the general with the rest of 
the navy bent their course towards Scotland ; but not know- 
ing what favour they should find there, and the wind blowing 
fair, they resolved to make home by the North isles. The 
general himself with the best provided vessels took the main 
ocean towards Biscay, and arrived safely in Spain. The 
rest seeking to take in fresh water, partly in the isles, and 
partly in Ireland, were so tossed with tempests and contrary 
winds, that forty and above were cast away in those seas. 
A ship of Florence, driven upon the west coast of Scotland, 
was spoiled and set on fire by certain highlanders. Shortly, 
the destruction was so great, as of the hundred and thirty- 
four ships that set sail from Lisbon, fifty-three only returned 
to Spain ; of the soldiers, besides the mariners, thirteen 
thousand five hundred were lost by one way or other. And, 
as they write, there was not a family in Spain of any note 



A. D. 1588.] CHURCH of Scotland. 389 

which suffered not in this expedition, having lost eitlier a son, 
or brother, or some nigh kinsman. Such was the success of 
the Spanish navy, which had been four years in preparing 
with no small cost, and in a few days was thus overthrown ; 
one English ship only being lost, and about a hundred men 
in all. The king caused solemn thanks for this deliverance 
to be given to God in all the churches of the kingdom, be- 
ginning in his own court for an ensample to others. 

This was the marvellous year, talked of so long before by 
the astrologues, which this defeat and the accidents that fell 
forth in France about the end of the same year did in a part 
make good. In this kingdom (which we ought ever to re- 
member Avith thankfulness to Almighty God) happened no 
disaster for which we had cause to be grieved, the death of 
Archibald earl of Angus excepted, who deceased in the 
month of July ; a nobleman, as in place and rank, so in 
worth and virtue, above other subjects, of a comely person- 
age, affable and full of grace, a lover of justice, peaceable, 
sober, and given to all goodness, and, which crowned all his 
virtues, truly pious. A long time he lived in exile in Eng- 
land, not through his own fault, but the misfortune of his 
friends, whom he could not well forsake. After he was re- 
stored to the king's favour, no man did carry himself in 
hotter sort, and in that time which was full of factions he 
kept himself free of all partakings. Being employed in the 
lieutenandry of the borders, he discharged himself to his 
majesty's great content, and to the liking of all the subjects ; 
and not long after fell into that disease whereof he died, 
leaving no heir male, and one only daughter by his second 
marriage, who did not long survive him. Never died any 
nobleman with greater regret ; and so much the more was 
his death lamented, that, as it was then thought, and after- 
wards confessed, he was taken away by sorcery and incanta- 
tion. In the time of his sickness when the physicians found 
his disease not to proceed of any natural cause, one Richard 
Graham, who was executed some years after for witchcraft, 
being brought to give his opinion of it, made offer to cure 
him, saying, as the manner of these wizards is, that he had 
received wrong. But when he heard that the man was sus- 
pected to use unlawful arts, he would by no means admit 
him, saying, " That his life was not so dear unto him, as for 



390 THE HISTORY OF THE [a. D. 1589. 

the continuance of it some years he would be beholden to any 
of the devil's instruments ; that he held his life of God, and 
was willing to render the same at his good pleasure, knowing 
he should change it for a better." Thus, after a long and 
languishing disease, he died at Smeton near to Dalkeith, and 
was buried in Abernethy, in the sepulchre of his progenitors. 
The houses of Angus and Morton, which within his person 
were conjoined, went by provision of tail to the lairds of 
Glenbervie and Lochleven. 

The hopes that our catholics conceived of the Spanish 
navy being now frustrated, they had lost heart quite, but 
that the prince of Parma did of new encourage them by his 
letters, showing that the loss was nothing so great as it was 
given out to be, and giving them hopes of another army that 
should set out more timely, and be with them the next spring. 
These letters were sent by one Mr Robert Bruce, and deliv- 
ered to Huntly tobe communicated with the rest of that faction. 
Shortly after came one John Chisholm, bringing with him ten 
thousand crowns, which were delivered to Bruce, to be used as 
he thought most fit for advancing the cause. The earl of 
Huntly made instance to have the third part of the sura ; 
Lord Claud Hamilton pleaded for as much; and Maxwell, 
lying then in prison, held no less to be due to him. But 
Bruce excused himself by the charge he had to dispone the 
money by the advice of David Graham of Fintry, who was 
warded at the same time in Dundee, and paid them all with 
one answer. The Lord Claud, more covetous than the rest, 
because he could not come by any part of the money, grew 
more cold in the business. Maxwell had some sent him, for 
his consolation in the prison. But Huntly, having at the 
king's desire subscribed the Confession of Faith, and recon- 
ciled himself to the Church, was wholly neglected. 

This he excused afterwards by a letter to the prince of Parma, 
professing, " That after the escape of Colonel Sempill he found 
himself so busied on all hands, and in such sort pressed by the 
king, as it behoved him either to yield, or dejjart out of the 
country, or then to have taken the fields ; which well he 
could not do, all hope of help being taken from him by the 
return of the navy to Spain : but in what he had failed he 
should endeavour to amend by some good service tending to 
the advancement of the cause of God, who had put him (he 



A. D. 1589.] CHUKCH OF SCOTLAND. 391 

said) iu such credit with the king, as he had broken his former 
guards, and made him estabhsh others about his person, by 
whom at all occasions he might assure himself, and be master 
of the king, and so, when the support promised should arrive, 
spoil the heretics of his authority, and make sure the catholics' 
enterprises. Therefore besought him to be persuaded of his 
unchangeable affection, albeit in outward action he was forced 
to accommodate himself to the necessity of the time." This 
' letter»was dated at Edinburgh the twenty-fourth of January 
1589. 

Another of the same date was sent by the earl of Erroll 
(whom Mr Edmond Hay, the Jesuit, had seduced and brought 
on that course) to Parma, bearing, " That since his conver- 
sion to the cathoUc faith he did ever think himself obhged to 
procure the advancement of the catholic king's enterprises, 
tending principally to that end, and to another civil cause 
which had great affinity and conjunction with things at home, 
in regard whereof he said that ever before his conversion he 
had been in his affection one of his friends and servitors ; and 
that religion, which was the greatest and most important 
cause of the world, being now joined to the other, he was 
become altogether his. This he did entreat his highness to 
signify to his catholic majesty, and to assure him that in 
Scotland he had not a more affectionate servant than himself." 
The like he did profess to the prince, remitting his intentions 
to be more fully declared by him that should deliver these 
letters. 

There went other letters at the same time from the earls 
of Huntly, Crawford, and Morton (so did the Lord Maxwell 
style himself) to the king of Spain, wherein after they had 
expressed their great regret for the disappointment of his 
preparations, they said, " That if his naval army had visited 
them, the same should have found no resistance in Scotland, 
and with the support they would have made given enough 
ado to England ; but that it seemed the English catholics 
who bad their refuge in Spain, out of an unchristian enmity, 
did extenuate the means of the Scottish aid, to magnify their 
own, and to have it thought that they were able to do all by 
themselves. Therefore they prayed his majesty to make 
such account of the one, as he neglected not the other, and 
to serve himself with them both, to the ends he did aim at." 



392 THE HISTORY OF THE [a. D. 1589. 

Then remitting to the declaration of some of his own subjects, 
who had been in those parts, the commodity and advantage 
of landing an army in Scotland ; they said, " That having 
six thousand men of his own in the country, with money to 
levy as many more, they might within six hours after their 
arrival be well advanced in England, to assist the forces that 
he should send thither, and that the expense bestowed upon 
one galliasse would profit more being so employed, than 
many of them put to sea could do. Withal they advised 
him not to make any more armies by sea, but to send a part 
of his forces to Scotland, and another by the back of Ireland 
towards England, and so divide the English forces, which 
should be partly attending at sea, partly employed in Scot- 
land, where they should believe all his forces to be landed. 
A farther declaration hereof they remitted to Colonel Sempill ; 
and so praying God to give him a full accomplishment of all 
his holy enterprises, they took their leave." 

Neither were the Jesuits that lurked in the country in this 
mean time idle. Of these the principals were Mr Edmond 
Hay and Mr William Crichton, who had been prisoners 
some months in the Tower of London. They advising the 
popish lords to attempt somewhat by themselves, which 
would make the king of Spain more earnest to give succour, 
a plot was laid to take the king out of the chancellor and 
thesaurer's hands, by whose counsel they thought he was 
only ruled, and that the pretence should be the neglect of 
the nobiUty, and the ill managing of public affairs. This way 
they hoped to procure the assistance of other noblemen that 
were discontented, and that no mention being made of religion, 
the country would be more cold in resisting their enterprise. 
The time and place of meeting being condescended on, Fintry 
undertook to bring the earl of Montrose to the party, and of 
Bothwell they held themselves assured, as well for the maUce 
he professed to the queen of England, as because in a conference 
with Bruce the Spanish agent he had promised, if the catho- 
lics should assure him of the two abbeys of Coldingham and 
Kelso, which he possessed, he should presently turn to their 
side. 

To bring about this their purpose the device was, that they 
should meet all at the Quarrel Holes betwixt Edinburgh and 
Leith, and go from thence to Halyrudhouse, and settle them- 



A. D. 1589.] CHURCH of Scotland. 393 

selves about the king, secluding those two counsellors ; or if 
they found them with the king, that they should presently 
kill them. But this device was overthrown by the king's 
remaining in Edinburgh, who, suspecting some plots against 
the chancellor, did for his security stay in the same lodging 
with him. Bothwell abode at that time in his house at 
Crichton, and kept about him the soldiers that he had con- 
duced, pretending a journey to the isles, and the collecting 
of the king's duties in those parts. Ci-awford and Erroll 
came with their friendship to the North Ferry. Montrose 
feigned a visit of his cousin Mr John Graham at Halyards, 
some six miles from Edinburgh ; and upon advertisement 
that the king did keep lodging within the town, advanced no 
farther. But Huntly, who resided then with his lady at 
Dunfermline, presuming much of the king's affection, held on 
his way, and in the evening on which they had appointed to 
meet, came unexpected to the king's lodging, where he found 
him in conference with the chancellor. 

The king seeing him break off his purpose, asked whence 
he came, and how he fell to be so late ; and from that falling 
into another discourse, the chancellor stept aside to the win- 
dow. Huntly had brought with him the laird of Kinfauns, 
brother to the earl of Crawford, and some of Erroll's men, 
that were esteemed of best courage and action. These filling 
the presence, and looking as men that had some purpose in 
hand, the chancellor's friends began to suspect the worst ; 
whereupon the laird of Ormiston, Carmichael, and the pro- 
vost of Lincluden drew nigh and stood by him. After the 
king had talked a while with the earl, he retired to his cabinet, 
and staying somewhat longer than was expected, the chan- 
cellor asking the usher if it was time of supper, and he 
answering that it was more than time, then said he, let us 
go ; and with those three that kept fast by him passed forth 
of the chamber, and through the company that stood in the 
presence (all of them making way) to his own lodgings, 
which were just above the king's rooms. How soon he came 
there, he sent one to show the king how unseemly it was to 
fill the presence with such companies, and men armed as they 
were, saying, that he would not have permitted the same if 
he had been alone in the lodging, nor have cast himself in 
such danger. 



394 THE HISTORY OF THE [a. D. 1589. 

Presently the rooms were ushed, and the earl with his 
company went forth. The next morning the king sent for 
him, and at his coming began to examine wherefore he came 
to town, and why in that manner ; his answers not satisfying, 
he was committed in the castle. By advertisement given 
the same day of the companies that were with Crawford and 
Erroll at the North Ferry, and there dissolving, the whole 
purpose was discovered ; whereupon the earls of Erroll and 
Bothwell were cited to appear before the council, and for 
their disobedience denounced rebels. Montrose and Craw- 
ford were not called, having excused themselves, as it was 
said, and promised to meddle no more in that business. 
Huntly, upon the like promise, after a few days obtained his 
liberty, and went into the north. In his going thither, 
whether of purpose or by accident, it is uncertain, the earl of 
Crawford did meet him at Perth ; where at first they con- 
cluded to fortify the town as a place most convenient fur 
drawing forces together from all quarters ; but doubting 
how they should make good the enterprise, they gave it over, 
and getting intelligence that the thesaurer was come to Angus, 
and had appointed a meeting with some friends at the church 
of Meigle, they belayed the ways, and gave him the chase 
unto the house of Kirkhill, where he Avas received. Being 
desired to render, upon his refuse fire was cast to the house, 
and he forced to yield himself, as he did, to his cousin the 
laird of Auchindown, who kept him some weeks prisoner in 
the north. 

The letters written to the king of Spain and prince of 
Parma, whereof we made mention, and some others from Mr 
Bruce directed to the same prince, being about this time in- 
tercepted, laid open all the practices of these noblemen ; 
which being reported to the queen of England, she wrote to 
the king a sharp letter, wherein complaining of his remissness 
in punishing these treacheries, and of the entertainment he 
gave to the Spaniards that had fled into Scotland after their 
wreck in the Irish seas, she besought him not to overslip 
such happy occasions as it had pleased God to offer him by 
revealing these practices; as likewise to rid the realm of 
those strangers, and send them away with sj^ecd. Hereupon 
order was taken for their despatch, and ships conduced to 
transport them unto West Flanders. The Hollanders, adver- 



A. D. 1589.] CHURCH OF SCOTLAND. 395 

tised of their coming, set forth some ships to intercept them, 
and meeting them some two miles fi'om the coast of Flanders, 
took one of the vessels, and put to the sword all the Spaniards 
that were therein : the rest ran their vessels on ground, 
where a number, seeking to save themselves by swimming, 
were pitifully drowned. 

A proclamation was likewise renewed against the Jesuits, 
and their resetters, and Mr Edmond Hay, Mr William 
Crichton, Mr Robert Bruce, and David Graham of Fintry, 
commanded under pain of death to depart the realm. But 
they, contemning the charges, did stir up the earls of Huntly, 
Crawford, and Erroll, to make open insurrection. These 
three taking arms, and assembling all the forces they could 
gather, came to Aberdeen in the beginning of April, where 
they made proclamations in the king's name, declaring that 
he was held captive, and forced against his mind to use his 
nobles more rigorously than he desired; requiring all the 
lieges to concur and assist them for setting his person at 
liberty. Their hopes were that Bothwell with his friend- 
ship in the south should make the king such business, as they 
needed not to fear any sudden pursuit ; but the king, having 
caused denounce Bothwell and the chief of his followers 
rebels, resolved to begin with them, and leave him to his re- 
turn. So charges being directed to warn all the subjects re- 
maining on the south of Aberdeen to accompany the king, 
and they gathering somewhat slowly, he made forward with 
those he had in his company towards the middle of April, and 
having advanced as far as Cowie (a little village some 
ten miles from Aberdeen), was there advertised that the earls 
were three thousand strong, and marching directly towards 
him. 

The king, nothing dismayed, called the noblemen that were 
in the army together, and spake cheerfully unto them, saying, 
" That they had a great advantage of their enemies, the 
better cause, and the king on their part. Neither oaths nor 
subscriptions," said he, " can assure these men ; and if bene- 
fits or good deeds could have made them loyal and obedient, 
I have not been sparing to them all. Now that I am drawn 
against my Avill by their open rebellion to use force, I do as- 
sure myself of your fidelity, and that you will not forsake 
me. I shall desire you stand no longer than ye see me 



396 THE HISTORY OF THE [a. D. 1589. 

stand : and howbeit I do not think they dare set their faces 
against me, yet I shall pray you to dispose all things in the 
best order you can." 

This speech he delivered with such a grace, as thereby the 
noblemen and others that stood by were greatly encouraged, 
every one avowing to do their uttermost for his majesty's 
honour. But a question falling betwixt the Lord Hamilton 
and the earl of Angus for leading the vanguard, was like to 
have caused some trouble ; Angus claiming the place by the 
privileges granted to his predecessors, and the Lord Hamil- 
ton alleging that none ought to contend with him in honour, 
because of his proximity to the royal blood. But the king 
interposing his authority, gave the leading of the vanguard 
for that time to the Lord Hamilton, reserving the rights and 
privileges of the house of Angus, whereunto nothing done at 
that time should work any prejudice. 

All that night the king did watch himself, and kept his 
army on foot. In the morning early he was advertised that 
the rebels were dispersed, and gone back : for Huntly under- 
standing that the king was resolved to put it to a day, 
declined the fight, because of the danger that might come to 
the king's person ; Crawford for the same reason seemed not 
very bent ; but Erroll insisting to have them go forward, 
when he saw they would not be moved, parted from them at 
the bridge of Dee in great wrath. The king came the same 
day to Aberdeen, and calling the magistrates, did threaten 
them sharply for receiving the rebels into their city. They 
excused themselves by their weakness, and the want of 
power to resist so great forces : which was admitted, upon 
promise that they should look better to their town in after- 
times. Whilst the king stayed there, the noblemen and 
barons of the country came in and made offer of their service, 
giving surety not to reset nor intercommune with the rebels, 
and to concur with his majesty's Ueutenant when they should 
be required. 

This done, the king returned to Edinburgh, for he was 
then about the directing of the Earl Marshal to Denmark 
for the accomplishing of his marriage, and bringing home the 
queen. There went with him Andrew lord Dingwall, Sir 
James Scrymgeour of Dudap, Mr John Skeen, advocate, 
and Mr George Young, archdeacon of St Andrews. For 



A. D. 1589.] CHURCH OF SCOTLAND. 397 

defraying the ambassador's charges a subsidy of an hundred 
thousand pounds was granted by tlie council, according to a 
warrant given thorn in the parhament 1587, whereof the 
subjects made ready payment, so great was their desire to 
have the king matched, and the royal succession estabhshed 
in his race. 

The enterprise of the rebels being in this sort defeated, the 
thesaurer was put to liberty, and, at his coming to court, did 
solicit the king in favours of the earls of Huntly and Craw- 
ford, who forthinking the attempt they had made, did offer 
to enter their persons in ward, and submit themselves to the 
punishment his majesty should be pleased to impose. The 
chancellor made the like intercession for Both well ; but for 
Erroll none did speak. After the king had thought a little 
of it, he was content they should enter, and present them- 
selves to the justice ; but would give no conditions. For 
this effect the twenty-fourth of May was assigned. At the 
day Mr Edward Bruce, Mr William Oliphant, and Mr 
James Wardlaw sitting judges in the criminal court by com- 
mission, the three earls compeared. Of noblemen and others 
charged to pass upon their assize, there were present the 
Lord Hamilton, the earls of Angus, Morton, Athole, Mar, 
and Marshall, the Lords Seaton, Somerville, Dingwall, and 
Cathcart, the lairds of Pittarrow, Closeburn, Lagge, and the 
constable of Dundee, 

These taking oath as the manner is, the indictment was 
read, which consisted of seven or eight points. First, they 
were charged for practising with Jesuits, seminary priests, 
and other strangers against religion ; receiving of Spanish 
gold, and hiring soldiers therewith to disturb the quiet of the 
realm. 2. That they had entered in bond and confederacy 
with the earls of Erroll, Montrose, and others contrary to the 
laws, kept conventicles, and treasonably surprised the town 
of Perth, of purpose to have fortified the same against his 
majesty. 3. That they had conspired to take the king 
prisoner at Halyrudhouse, and kill his servants and counsel- 
lors, especially Sir John Maitland of Thirlstane, chancellor. 
4. That they had besieged the house of Kirkhill, put fire to 
the same, and forced the master of Glammis, thesaurer, to 
render himself captive. 5. That they had convocated the sub- 
jects by open proclamation, and given out that the king was de- 
tained prisoner against his will. 6. That they came with dis- 



398 THE HISTORY OF THE [a. D. 1589. 

played banners to the Bridge of Dee, of mind to invade the 
king, whom they knew to be upon an expedition to the north 
parts. 7. That they had taken the king's herald at arms 
in the city of Aberdeen, spoiled him of his coat and letters, 
when he was about to proclaim them. The eighth and last point 
concerned Bothwell particularly, who, besides the rest, was 
charged to have hired soldiers, as well strangers as men with- 
in the country, entertaining them in Dalkeith, and threaten- 
ing to invade the town of Leith at his majesty's being in the 
north. 

Bothwell confessing that he had waged soldiers, and en- 
tered in bonds with other noblemen, did therefore put him- 
self in his majesty's will ; the rest of the points he denied, 
remitting himself to the trial of his peers. Crawford con- 
fessed that he was in the fields at the taking of Kirkhill, and 
with the earl of Huntly in Aberdeen ; but denied the other 
points. Huntly came in will for the whole. The assize re- 
moving by themselves, found Bothwell guilty of the enter- 
prise at the Quarrel Holes, besides that which he had con- 
fessed. They filed Crawford of surprising the town of 
Perth, and coming in arms to the Bridge of Dee. Huntly 
by his own confession was found guilty in all. The sentence 
upon the king's warrant was suspended, and they committed 
in divers places ; Bothwell in Tantallan, Crawford in Black- 
ness, and Huntly in the castle of Edinburgh. 

In June following, the Assembly of the Church convened at 
Edinburgh, where the king giving his presence, after he had 
spoken a Httle of his good affection towards the Church, 
showed that he was come to desire Mr Patrick Galloway to 
be appointed one of his ministers. The Assembly by the 
mouth of their moderator rendering his majesty humble 
thanks for the beginnings he had made in suppressing the 
enemies of religion, did entreat him to prosecute the business, 
and made offer of their humble service and assistance to the 
uttermost of their power. As to that which he desired, they 
acknowledged that his majesty might command any minister, 
wheresoever he served, to attend himself and his court ; and 
so ordained Mr Patrick Galloway to leave his charge at 
Perth, and wait upon the king. 

It was a good beginning this, and gave no small content to 
all well-disposed men. But things continued not long in that 
case, for, before that meeting took an end, a fresh offence 



A. D. 1589.] CHURCH OF SCOTLAND. 399 

was given. The year preceding, the king having contracted 
his cousin the duke of Lennox his sister to the earl of Huntly, 
had caused the bishop of St Andrews celebrate the marriage, 
at which the ministers of Edinbiirgh taking exception, they 
complained of the same in a preceding Assembly, and had 
obtained a commission to the presbytery for calling and cen- 
suring the bishop according to the acts of the Church. 
Whether the bishop would not acknowledge them for 
judges, or that he esteemed his majesty's command a 
warrant sufficient for what he had done, whilst as he ne- 
glecteth their proceedings, they pronounce him deprived 
from all office and function in the Church ; and presentmg 
the process in this Assembly, the same was found formal, the 
sentence ratified, and ordained to be pubhshed in all the 
churches of the kingdom, only to make the bishop hateful 
and contemptible. He complaineth to the king, who showed 
himself extremely displeased with their doings ; but what 
course he should take he was doubtful, for every day he was 
expecting the arrival of his queen, and loved to have all 
things quiet and settled at her coming, especially in the 
Church, with whom it grieved him not a httle to be still in 
question : but espying no better way, he resolved in end to 
dissemble his anger towards them, and to take the imprisoned 
lords in favour, lest he should make himself too great busi- 
ness. Thereupon he returneth to the north, gives Erroll a 
pardon, putteth Crawford to liberty and fully remits him ; 
Huntly and Bothwell he freeth from impi-isonment, but, to 
hold them in awe, he defers the declaration of his will con- 
cerning them. The Lord Maxwell, upon his bond not to 
practise against religion under the pain of an hundred 
thousand pounds, is likewise dimitted. 

And in this case stood things when advertisement came 
that the marriage was accomphshed, and the queen ready to 
take sea. All diligence was thereupon used to prepare for 
her reception, and nothing left undone that was required for 
so great a solemnity. But a second and unlocked for 
message cometli shortly after, showing that the navy ap- 
pointed for her conduct was driven by a tempest into Nor- 
way, and that it was thought she should stay in those parts 
unto the spring. The king taking this impatiently, conclud- 
eth with himself to go thither in person ; and because he 



400 THE HISTOKY OF THE [a. D. 1589. 

knew many impediments would be made if his purpose were 
known, he giveth out that he would send the chancellor 
and justice-clerk to transport her in Scottish vessels, if the 
Danes would not adventure theirs in that season. How soon 
the ships were prepared for their journey, no man expecting 
any such matter, he taketh sea himself,' leaving direction to 
the council for the government of affairs during his absence, 
with the following declaration written all with his own hand, 
but not seen to any till he was gone. 

" In respect I know that the motion of my voyage will be at 
this time diversely scanned, and misinterpreting may be made 
as well to my dishonour as to the blame of innocents, I have 
thought fit to leave this declaration, for resolving all good 
subjects, first, of the causes that moved me to undertake this 
voyage, then in the fashion in which I resolved to make 
the same. As to the causes, I have been generally blamed 
by all men for deferring my marriage so long> being alone, 
without father, mother, brother, or sister ; and yet a king 
not only of this realm, but heir apparent of another. This 
my nakedness made me weak, and mine enemies strong ; for 
one man is no man, as they speak, and where there is no 
hope of succession, it breeds contempt and disdain ; yea, the 
delay I have used hath begot in many a suspicion of impo- 
tency in me, as if I were a barren stock. These and other 
reasons moved me to hasten my marriage, from which I 
could yet have longer abstained, if the weal of my country 
could have permitted. I am not known to be rash in my 
weightiest affairs, neither am I so carried with passion as not 
to give place to reason ; but the treaty being perfected and 
the queen on her journey, when I was advertised of her stay 
by contrary winds, and that it was not like she should per- 
fect her voyage this year, I resolved to make it on my part 
possible which was impossible on hers. 

" The place where I first took this resolution was in Craig- 
millar, none of my council being present ; and as I took it by 
myself, so I bethought me of a way to follow the same. 
And first I advised to employ the earl of Bothwell in the 
voyage, in regard he is admiral ; but his preparations took 
so long a time, that I was forced to call the council, and send 
for the chancellor and justice-clerk, who were then in Lau- 
' 22d October. 



A. D. 1589.] CHURCH OF SCOTLAND. 401 

der. When as they met, tliey found so many difficulties in 
sending forth a number of ships for the queen's convoy (for 
so I gave it out), and who should be the ambassadors, that I 
was compelled to avouch, if none should be found to go, I 
should go myself alone in a ship : adding, that if men had 
been as wiUing as became them, I would not have needed to 
be in these straits. This the chancellor taking to touch him 
(for he knew he had been slandered all that time of imped- 
ing my marriage) partly out of zeal to my service, and 
partly fearing that I should make good my word if no better 
way could be found, made offer to go himself in that service. 
This I embraced, keeping my intention from all men, be- 
cause I thought it enough for me to put my foot in a ship 
when all things were ready, and from the chancellor himself 
(from whom I never kept any of my weightiest businesses), for 
two reasons. First, because if I had made him of my counsel 
in that purpose, he had been blamed for putting the same in 
my head (which had not been his duty), for it becomes no 
subject to give his prince advice in such matters ; withal 
considering what hatred and envy he sustained unjustly for 
leading me by the nose as it were to all his appetites, as 
though I were an unreasonable creature, or a child that 
could do nothing of myself, I thought pity to heap more 
unjust slanders on his head. The other reason was, that I 
perceived it was for staying my journey that he made offer 
to go ; so was I assured, if he had known my purpose, he 
would either have stayed himself at home, or, thinking it 
too heavy a burden for him to undertake my convoy, he 
would have hngered so long as there should not have been a 
possibihty for making the voyage. This I thought meet to 
declare (and upon my honour it is the truth), lest I should 
be esteemed an imprudent ass, that can do nothing of my- 
self, and to save the innocency of that man from unjust 
reproaches. For my part, besides that which I have said, 
the shortness of the way, the surety of the passage, being 
clear of all sands, forelands, and such other perils, safe 
harbours in those parts, and no foreign fleets resorting in 
those seas, it is my pleasure that no man grudge at this 
my proceeding, but that all conform themselves to the direc- 
tions I have given to be followed unto my return, which 
shall be within twenty days, wind and weather serving ; and 
VOL. II. 26 



402 THE HISTORY OF THE [a. D. 1589. 

if any shall contravene these, I will take it as a sufficient 
proof that he bears me no good will in his heart ; as, to the 
contrary, I will respect all that reverence my command- 
ments in the best sort I may. Farewell." 

This declaration, written and signed with his majesty's 
own hand, was the next day after he shipped presented to 
the council by Alexander Hay, clerk of register, together 
with the directions mentioned in the end thereof, which were 
thus conceived. 

" Seeing it hath pleased Almighty God to bring us to man's 
age, and that nothing hath been more earnestly wished by 
all our good subjects than to see us honourably matched, so 
that the crown might descend to our own succession after so 
many worthy progenitors, — We, to satisfy their desires, 
having resolved upon a personage that for blood and other 
commodities of alliance could not be thought but most worthy, 
did enter into contract with the daughter of Frederick king 
of Denmark lately deceased, and by advice of our council 
directed our ambassador to solemnize the marriage, and 
conduct her into this realm : But having intelligence that 
by contrarious winds she and her company were driven to 
Norway, and that, it being remitted to her choice whether 
she would return unto Denmark or make stay there until 
the opening of the spring, she had embraced the last con- 
dition, as the best and most liking to her desire ; albeit 
hitherto we have not behaved ourself dissolutely, but pa- 
tiently attended the good occasion that God should offer, yet 
now taking to heart her pains and danger, with the difficul- 
ties that have occurred in her transport, we could find no 
contentment till that we enterprised to make a voyage to- 
wards her, and bring her home, which we are in good hope 
to do within the space of twenty days, wind and weather 
serving, 

" Yet fearing the time of my stay may be longer at God's 
good pleasure, lest any looseness during our absence should 
fall into the government, we have of our own motion, and 
not counselled by any, left a declaration with the clerk of 
register, and willed no man to grudge at our absence, seeing 
in former times the kingdom hath wanted a governor longer 
than we trust in God it shall want us ; as, namely, from the 
death of our grandmother the queen regent, unto the arrival 



A. D, 1589.] CHURCH OF SCOTLAND. 403 

of our dearest mother from France, the space of fourteen 
months, during which time, for the reverence and love 
carried unto her, albeit a woman and minor in years, no 
violence was committed by any person, and greater peace 
and quietness observed than was before or since that time 
known to have been kept. And notwithstanding our expec- 
tation is nothing less of the good behaviour of our subjects in 
this our absence, we have taken order, for the better govern- 
ment of the public affairs, that our privy council should 
reside at Edinburgh, and ordained the duke of Lennox our 
nephew to be president thereof, and to be assisted by our 
cousin Francis earl Bothwell, whom we appoint to attend 
him, with the other officers of state, namely the thesaurer, 
comptroller, master of requests, privy seal, the captain of 
the castle of Edinburgh, advocate and clerk of register, 
who shall ever be present, five of them at least, with our 
said nephew. 

" We have likewise given order that some noblemen in their 
courses shall attend at Edinburgh the space of fifteen days ; 
the earls of Angus and Athole, with the Lords Fleming and 
Innermaith to begin, and the next course to be kept by the 
earls of Mar and Morton, with the Lords Seaton and 
Yester. The barons of Lothian, Fife, Stirlingshire and 
Stratherne, we appoint to attend as they shall be warned 
and directed by the council. For the south parts we have 
made the Lord Hamilton our lieutenant, that is, within the 
three wardenries and sheriffdom of Lanark, and to be 
assisted, when need is, by the Lords Boyd, Herries, Max- 
well, Home, Cessford, and other chief barons within the 
marches ; his residence to be at Dumfries or Jedburgh, and 
his charges to be furnished out of the readiest of the taxation 
by Mr John Colvill, collector thereof. And that peace and 
quietness may be the better observed, we discharge all con- 
ventions for any cause whatsoever unto our return. Finally, 
we require the ministers and preachers of the word to exhort 
the people to peace and obedience, and commend us and our 
journey in their prayers to the protection of Almighty God. 
As this is our desire, so we expect that all our good subjects 
will follow the same, especially they who have tried our 
favour of late, and that they will persist in the loyalty 
promised by them : certifying those that do in the contrary, 



404 THE HISTORY OF THE [a. D. 1589. 

that they shall incur our high displeasure, and be punished 
with all rigour, as, on the other part, we shall remember 
the peaceable and obedient thankfully, when occasion pre- 
sents." 

By another missive, presented at the same time to the 
council, the Earl Bothwell was declared second to the duke 
of Lennox, Sir Robert Melvill, vice-chancellor, Alexander 
Hay, secretary for the Scottish language, and Mr James 
Elphingston for the Latin and French. 

The king having thus provided for the public affairs took 
with him in company Sir John Maitland, chancellor, Sir 
Lewis Bellenden, justice-clerk, Mr Robert Douglas, provost 
of Lincluden, the gentlemen of his chamber, and other 
ordinary officers of the house. He took also with him Mr 
David Lindsay, minister at Leith, leaving Mr Patrick 
Galloway his ordinary preacher to attend the council ; and, 
having a prosperous wind, arrived safely in a sound or 
haven of Norway (not far from Upsal, where the queen 
remained) the fourth or fifth day after his embarking. 

The Sunday following he solemnized the marriage in his 
own person, Mr David Lindsay performing the ceremony 
in the French language. After which, consultation being 
taken for his return unto Scotland, because it was held 
dangerous to go to sea in that season, and that the coun- 
sellors of Denmark did oppose the journey, advising him 
rather to visit the queen's mother, and her son Christiern 
elected king of Denmark, he was easily induced to follow 
their advice, and send back the Scottish ships with Sir 
James Scrymgeour and Mr John Skeen. Whilst the king 
lay at Upsal, the Earl Marshall in council made report of 
his proceedings in the ambassage, and how according to the 
contract past, and interchangeably sealed and signed, the 
marriage was completed, and a form of attestation taken 
touching the isles of Orkney, bearing, that the king and 
regents of Denmark should supersede all claim of right to 
the said isles unto the king's perfect age, reserving to each 
kingdom their own right, which by that treaty should not 
be prejudged ; as the copy thereof, subscribed by the four 
governors, presently exhibited, did show. Together with 
the attestation, he produced the form of an oath given by 
him and his associates for his majesty's performing of all 



A. D. 1589.] CHURCH OF SCOTLAND. 405 

things promised on his part concerning the marriage ; and 
was in all and every one of t