Presented to the

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by the

ONTARIO LEGISLATIVE LIBRARY

1980

X

THE

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HH2§T©!RY ©IF §<D<D)f ILAIID)^

THIS IPR1SSHT TIMS.

BILACKIE

8LA8GOW,

AHB JLOH2JOU.

THE

HISTORY OF SCOTLAND

FROM

THE EARLIEST PERIOD

THE PRESENT TIME

WITH NUMEROUS "ENGRAVINGS.

VOLUM.E III.

BLACKIE AND SON:

FREDERICK STREET, GLASGOW; SOUTH COLLEGE STREET, EDINBURGH; AND WARWICK SQUARE, LONDON.

MDCCCLVI.

GLASGOW :

W. G. BLACKIE AND CO., PBINTEKS, VILLAriELD.

THE

HISTORY OF SCOTLAND

BOOK I.

James VI. — Earl of Morton, Regent — Concludes a Treaty with Chatellerault and Huntly. — Kirkaldy refuses to accede to it. — The Castle surrenders. — Kirkaldy hanged — Maitland puts himself to death. — Review of the State of the Church since the Reformation. — Morton irritates the Nobles. — Re- signs the Regency — A Council appointed. — Affairs of the Church. — Mor- ton President of the Nobles assembled at Stirling — The king holds a par- liament there __ Proceedings of the Council at Edinburgh. — Reconciliation between Morton, and Athol, and Argyle. — Sudden death of Athol. — Mor- ton advanced to the chief power. — His proceedings against the Hamiltons. — D'Aubigne arrives from France. — Created Earl of Lennox. — He and Cap- tain James Stuart become the king's favourites. — King arrives at Edinburgh. —Lennox renounces Popery. — National Covenant. — Morton accused by Stuart — Elizabeth's intercession fruitless — Stuart created Earl of Arran — Morton's trial. — Execution. — Affairs of the Church; Book of Polity. — Au- bign6 created Duke of Lennox — Conspiracy of the Nobles. — Raid of Ruthven. — Lennox ordered to leave the kingdom ; his death — Earl of Angus returns from exile. — Nobles bring the king to Edinburgh — Their conduct approved by the Assembly, and by parliament. 1572. — 1583.

i. THE death of the earl of Mar, left the road to the BOOK regency open to the ambition of the earl of Morton ; who, _ supported by the interest of England, was elected to that 1572. high office without opposition, on the 24th day of No- ™" '

vember, A. D. 15*72.* At the time of his elevation, the chosen

regent*

* On the same day, Scotland lost one of her greatest benefactors, John Knox, at whose interment the new regent passed the well known eulogium : " There lies he who never feared the face of man ;" and never was eulogium better merited. Through a life of the most unwearied labour, and trying vi» cissitude, his intrepidity of soul remained unshaken, his constancy unmoved ; and when all was dark around him, and every heart filled with dismay, his VOL. IH. B

HISTORY OF SCOTLAND.

BOOK queen's party was divided into two distinct bodies, those within the castle, and those without. The chiefs of the for-

1572. mer were Kirkaldy of Grange, the most renowned warrior, and Maitland, younger of Lethington, the most skilful poll- State of the tjcjan of the day: at the head of the latter, were the duke of

Otippn's

party. Chatellefault, and the earl of Huntly, the two richest, and most powerful noblemen, the one in the south, and the other in the north of Scotland. The strength of this faction, if united, and acting in concert, was such as would have easily enabled them to embarrass the government, especially, as a number of the king's party were by no means cordial in supporting the regent. Morton, therefore, resolved to treat with them separately ; to receive only one of the divisions into favour, and by ruining the other, to render the whole faction incapable of disturbing his administration. As the influence of the Hamiltons and Gordons was most to be dreaded, and the extent of their estates presented the most tempting allurements, he first applied to Grange, and offer- ed to renew the negotiations which the death of the last re- gent had broken off} but at the same time, intimated that it

energetic eloquence imparted courage and ardour, similar to his own, into the bosoms of his fainting companions. His zeal equalled his courage, and both originated from an unfeigned exalted piety. He possessed an intuitive saga- city, which enabled him at once to perceive the best method for attaining his object, and that decision of character, which never allowed it to escape. In reproof he was perhaps severe, but he averred on his deathbed, that it was ne- ver the persons, but their vices, that were the objects of his dislike. The usual charges brought against him, are rudeness to liis queen, barbarism to the mo- nasteries, and a gloomy moroseness in his general deportment , but while Mary was his sovereign, and till her hands were contaminated with her husband's blood, his behaviour was always respectful, and at one period, when deceived by her dissimulation, even affectionate. Considering the monasteries as the strong holds of indolence and vice, he certainly did not lament their destruc- tion, nor think it barbarous, when a nation was emerging from ignorance and superstition, to remove the temptations, however splendid, to a return. In his social intercourse, from the traits that remain, he was rather inclined to be cheerful ; though the care and anxiety which ever pressed upon him, rendered his general deportment grave. That he possessed much natural humour, his history bears indubitable marks. He was no less anxious to secure the civil, than the religious liberty of his country, and that by the wisest and best of me- thods ; securing the instruction, and the moral improvement of the people. His long and useful life, though often in peril from the " dag and dagger," was closed at last, by a peaceful and triumphant death.

JAMES VI.

must be a separate treaty, with those in the castle alone.* BOOK Grange, however, refused to enter into any agreement, in _ *• which the whole of his friends were not comprehended, con- 1572- sidering himself in honour bound to do nothing to their de- to Kirk- triment. In the meantime, sir Henry Killigrew, the En- *ldy re- glish ambassador, endeavoured to procure a reconciliation between all parties, now that a devoted partizan of England was elected chief of the government. A correspondence was immediately entered into, under his auspices, with Chatellerault and Huntly, and the truce was renewed with them. Grange, who refused to be included in the pro- Hostilities longation, as soon as the term agreed on had expired, recom- renewed, menced cannonading the city ; and in a night sally, set fire to the houses next the castle, during a strong westerly wind, when the whole tenements, from the foot of the rock to the Magdalen chapel, were destroyed. The estates, notwith- standing, met in the end of January, and passed several acts against papists, and those who still resisted the authority of the king.

ii. When parliament broke up, a meeting took place at Perth, between the earl of Argyle, chancellor, the earl of Montrose, the abbot of Dunfermline, secretary, the lords Ruthven and Boyd, and sir John Bellenden, justice- clerk, commissioners from the regent ; the earl of Huntly for him- self; and lord John Hamilton, commendatory of Aberbro- T thick, for the duke of Chatellerault. There, through the me- with Cha- diation of the English ambassador, a treaty was entered into, tellerault- by which it was agreed: — that both parties should profess and support the protestant religion, especially against the confe- derates of the council of Trent ; that the queen's party should acknowledge the authority of the king, submit to the govern- ment of the regent, and declare all acts done by them since his majesty's coronation, illegal ; that a general amnesty should be granted, and the parties on both sides restored to their estates and livings ; and that the heirs and successors of persons forfeited, since dead, should be comprehended in the pacification, and also restored to their lands and pos- sessions. The only exceptions from the pardon, were the

• Melville, p. 236, «39.

4 HISTORY OF SCOTLAND.

murderers of the king and the two regents, the arch bishop of Glasgow, the Scottish queen's ambassador in 1573. France, and the bishop of Ross, her ambassador in Eng- land, who were both under sentence of outlawry. But a time was stipulated, within which Grange, and those in the castle, might accede to the agreement.* The Eng- lish ambassador, in consequence, repaired to the castle, and having shown Kirkaldy the treaty, to which Hamil- ton and Huntly had agreed, he requested him also to ac- cede. The earl of Rothes too, and lord Boyd, waited up- on him, and pointing out the certain ruin which would at- Kirkaldy tend resistance, entreated him to yield ; but the governor, refuses to expecting assistance from abroad, refused to comply ; and even if that should fail, he did not doubt of obtaining more favourable terms than liis former associates had accepted. Nor was his resolution shaken, although at this time, his brother, who had returned from France with a supply of money, was betrayed into the hands of the regent, by sir James Balfour, a wretch who had alternately served, and de- ceived both parties.

in. The Scots were never famed for the art of besieg- ing, and the regent at this time, was totally destitute of the means of reducing a place of such strength as Edin- Morton ap- burgh castle, defended by so skilful a captain. He there- pll,es *° Eli- fore sent to the queen of England, to desire a supply of sol- diers and cannon, which she readily granted ; and sir Wil- liam Drury, proceeded from Berwick on this service, in April, with a body of troops, and a train of artillery. But

* Sir James Melville asserts that Grange, after the others had agreed, of- fered also to come in, or accept of any reasonable conditions, but that the re- gent would not listen to any terms of accommodation Memoirs, p. 240. Ah,

however, the English ambassador, .before setting out for Perth, had in vain at- tempted to induce Grange to submit, Bannatyne, p. 433, and Spotswood is express as to the offer he returned, I feel rather inclined to the opinion of Dr. Robertson, that it was the governor's distrust of Morton, and his proud un- bending spirit, that occasioned the negotiation to be broken off; yet the testi- mony of Melville is explicit, and I can only reconcile his accounts with the ac- counts of other writers, and the state papers of the time, Brief declaration, &c. Bannatyne, 430, by supposing that Morton, acting upon his preconcerted plan, had dealt deceitfully both with the English ambassador and with Grange ; or that Grange, after his interview with sir J. Melville, had allowed himself to be influenced by the intriguing spirit of Maitland.

JAMES VI. 5

in order to prevent any future misunderstanding, the re- BOOK gent, previously to the march of the English, despatched lord Ruthven to arrange the conditions on which this aid 1573. should be afforded, and the manner in which the expedition should be conducted. The general of the English troops, and the Scottish commissioner, met in the church of Lam- berton, at a short distance from the bounds of Berwick, and there agreed ; — that neither of the parties should singly enter into any arrangement with the besieged ; that if the castle were taken by storm, all public property should be restor- ed to the regent, but the other spoil should belong to the soldiers ; that so far as consistent with the rules of war, the prisoners taken in the castle, should be tried by law, the re- Treaty, gent acting by the advice of the queen of England ; that the regent should furnish the English with all necessaries, and join them with a body of horse and foot ; that the wives, or nearest relations of the soldiers slain, should receive a gra- tuity, to be regulated by the English general ; that all the great guns destroyed in the siege, should be replaced by others of similar size, out of the castle ; that the English general should not fortify on Scottish ground, without per- mission of the regent, and should retire immediately on the castle being reduced ; and for the fulfilment of these condi- tions on the part of the Scots, and as a guarantee for the safe return of the English with all their stores, the chances of war excepted, the Scots were to grant hostages.*

iv. On the treaty being ratified, and the hostages deliver- ed, Drury set out from Berwick, at the head of fifteen hun- dred men, the artillery and military stores being sent by sea. On his arrival, the regent joined him with all his forces. Next day the castle was summoned, and an offer

made to spare the lives of the garrison, if they would capi- m.

J . . . . The castle

tulate before the batteries were erected ; but this being re- besieged by

fused, the trenches were opened, and approaches regularly ^rt£n carried on. Animated with all the resolution of despair, English.

* Robertson takes no notice of this convention, although both Spotswood and Crawford insert the treaty ; and it appears to have been in consequence of the stipulation, forbidding any secret or distinct negotiation with the queen's party, that reference was made to Elizabeth to determine the fate of Kirkaldy and his associates after the castle fell.

HISTORY OF SCOTLAND.

BOOK Kirkaldy nobly defended the fortress, against the united *• efforts of the English and the regent, determined rather to

1573. die, than surrender himself into the hands of his inveterate enemy ; nor did his gallant unsubdued spirit demand a par- ley, till a practicable breach was made, and a lodgment ef- fected within the bulwarks ; yet even then, he would have sought the honour of a soldier's death, had not his small garrison, worn out with fatigue, watching, and thirst — for the rubbish had choked the well without,* and the firing of the castle opening the rock, caused the water of that within to be absorbed — obliged the governor to ask a truce, which was granted for two days. During this time, he at- tempted in vain to obtain terms ; but Morton would hearken to nothing, except unconditional surrender. He then re- solved to perish amid the ruins. His soldiers, however, se- duced by the regent's emissaries, refused to hazard another assault, and he, by the advice of Lethington, surrendered Kirkaldy himself and the castle to Drury, the English commander, •urrenders upon a promise that he should be favourably treated. There lish. * S' surrendered along with him, Maitland, lord Home, sir Ro- bert Melville, some few citizens of Edinburgh, and about one hundred and fifty, or one hundred and sixty soldiers. The common men were dismissed, on promising not to serve against the king, and the greater part of them enlisted in the Dutch service ; but those of rank were detained pri- soners, till the queen of England's pleasure should be known. The regent claimed the chiefs, as guilty of rebellion, in order that they might be tried by law for their offence; but to this Drury would not consent. Admiring the valour of Kirk- aldy, and unwilling to deliver up a man, who had trusted to his word and honour, he carried him to his own lodg* ings ; where he treated him with that humanity and kind- ness, which one brave and generous spirit always shows to another ; and at the same time, used endeavours to induce the queen of England to confirm the engagements he had entered into in her name.

Given up v. Influenced by the representations of Morton, who alleg- to Morton.

* Sir James Melville says, the well without the walls, to which the men were let down by a rope was poisoned.

JAMES VI. 7

ed that neither his person nor government could be secure, so BOOK long as such intriguing and inveterate enemies were alive, Eli- zabeth, regardless of the honour or engagements of her gene- 1573. ral, ordered the prisoners to be placed at the disposal of the recent. Drury reluctantly complied with the imperative man- date, but immediately retired to Berwick, and threw up his commission in disgust. Morton, as soon as he obtained posses- sion of the personsof the prisoners, committed them to separate places of confinement, and in a few days condemned Kirkaldy, and his brother sir James, to be hanged at the cross of Edin- burgh. Thus perished by the hands of the public execu- Executed, tioner, one of the bravest, and most generous warriors of his age, sacrificed to the jealousy or the avarice of Morton. He had been one of the earliest friends, and during the first days of peril and trial, one of the most intrepid and suc- cessful defenders of the Reformation; but personal disgust with Morton, or the intrigues of Maitland, fatally alienat- ed him from the friends of his youth, and induced him to desert the cause he had laboured so strenuously to estab- lish. Knox lamented his defection, and on his deathbed sent him an affecting, and, as it proved, a prophetical ex- hortation, to leave a party, his adherence to which would bring his life to a shameful close. He despised the warn- ing at the time, but at the place of execution remembered it with tears Two goldsmiths were executed along with the brothers. Maitland, fearing a like ignominious end, is said to have escaped by a voluntary death. His talents as a Maitland's statesman were certainly of the first order, but his fickleness denth- and inconstancy deprived him of that weight in the state, which his abilities would otherwise have commanded. Bu- t * chanan, in his Chamselion, has commemorated both his ge- nius and versatility.

vi. By this blow the interest of Mary was effectually broken 1571 in Scotland, and her party was never after abk to make Mary's in- any head against that of the king. Abroad, her affairs wore *j™8 no better an aspect. The duke of Alva, who had interest- ed himself strongly in her favour, being recalled from the government of the Netherlands, and Charles IX. of France dying about the same time, she lost two of her best friends.

8

HISTORY OF SCOTLAND.

BOOK I.

M*___~».

1574.

Morton's vigorous adminis- tration.

Charles was an ardent admirer of Mary's beauty, and had sincerely interposed in her behalf; but the aversion of his mother to that princess, and his constant wars with the protestants, obstructed his exertions ; while the horrible massacres which disgraced his reign, tended greatly to weaken his influence in her cause. Henry III. who suc- ceeded him, had not the same affection for her person, and was besides, the decided enemy of the house of Guise, whose power and influence were considerably diminished, by the death of the cardinal before the end of the year. From this date the unhappy queen of Scots must only be considered as an exile, whose story forms an interesting epi- sode in Scottish history, but is only incidentally connected with the affairs of that country. In England, her ambas- sador was dismissed from the court, and she was left to pine in the solitude of a prison, without any regular medium through which she could convey her complaints to the ear of her oppressors, or hold any correspondence with foreign princes.

vu. The civil war thus ended, Morton applied himself assi- duously to correct the mischiefs naturally consequent on a state of internal commotion, particularly in such a country as Scotland, which had been so long rent with factions ; and whose half civilized inhabitants, even in the most tranquil times, were hardly ever accustomed to regard the law. One of his first cares was to repress the disorderly border- ers, whose outrages had increased during the calamities of the times, and occasioned frequent remonstrances from the English court. For this purpose he proceeded in person to the scene of action, where he had an interview with sir John Forrester, the English warden of the middle march, to adjust all the differences which had arisen, and to concert measures for preventing their recurrence. He compelled the chiefs of the different districts to give pledges for their good behaviour, and appointed as wardens, in whom he could confide, sir James Home of Cowdenknowes for tb.o east- ern; sir John Carmichael, one of his principal ministers, for the middle ; and lord Maxwell for the western marches. By these vigorous proceedings the regent restored general

JAMES VI. 9

order and tranquillity to the kingdom ; but the rigour of his BOOK prosecutions, and the avarice he displayed, lost him the af- *• fections of the people, which his important services had ~~ merited. His strictness in collecting the royal revenues, Morton and his rigidity in recalling the grants by which the crown 1<£es *he lands had been alienated, disgusted the nobles ; while the of the whole community were injured by the debasement of the Pe°Ple» coin, which was carried to a great extent during his ad- ministration; besides, he everywhere employed those mis- creants, who in all ages have been held in detestation, and whose encouragement infallibly marks a government as ty- rannical and depraved — spies and informers. By them im- aginary crimes were invented, petty trespasses aggravated, and the accused were often forced to redeem their lives at the expense of their estates.*

vi TI. In the midst of his exactions, there was nothing pro- cured for Morton more universal dislike than his conduct towards the church ; from whose ministers he extorted the greater part of the slender pittance upon which, at the best, they could scarcely exist. The thirds of the benefices had been appropriated for the discharge of these stipends ; but through the want of power in the collectors to enforce, or the And of the unwillingness of those who had seized on the spoils of the churtn- church to part with any portion, they received their salaries slowly and irregularly ; and during the commotions, the payment in some parts of the country was altogether inter- rupted.f On pretence of remedying this evil, and to ensure a ready and available supply, the regent proposed that the thirds should be vested in the crown, under promise to make the stipend of every minister local, and payable in the parish where he served; and if upon trial this arrangement was found ineligible, he engaged, at their request, to replace

* Dr. Cooke, in his History of the Church of Scotland, mentions, but without quoting his authority, a strange mode of exacting money which Mor- ton exercised : " He also sentenced to whipping and imprisonment those who ate flesh in time of Lent, which sentences were uniformly remitted upon pay- ing fines," vol. i. Note, p. 234.

f Except, perhaps, duri.ig a short part of the regent Moray's administration. — M'Crie's Life of Krox, vol. ii. p. 160, Note. Indeed the pretexts used by Morton to induce them to surrender their right, implies as much.

VOL. III. C

10 HISTORY OF SCOTLAND.

BOOK them in their former situation. But no sooner did he obtain i

1 possession of the thirds, than he appointed several churches, 1571. sometimes four, to the charge of one minister, who was directed to preach in them alternately ; and in his absence a j reader, with a pitiful salary, performed the duty of reading prayers. The allowance to the superintendents was at the same time altogether stopped ; and when they made appli- cation at court, they were informed that their office was no longer necessary, bishops being placed in the dioceses, to whom the ecclesiastical jurisdiction belonged. When the ministers complained, and desired to be placed upon the same footing on which they formerly stood, they were inform- ed that the surplus of the thirds belonged to the king ; and therefore the regent and council, and not the church, ought to regulate the stipends of the ministers, and manage the re- mainder. The assembly, who found, when too late, that they had acted unwisely in placing the funds allotted for their own maintenance at the disposal of the regent, did what they could to counteract the effects of this unfortunate mistake.

Proceed- They determined at their meeting, March 1574 : — That mi- ni§ters> w^° were appointed to more churches than one, should each take the oversight of that one only where he re- sided ; at the same time affording such assistance to the others as he could, without interfering with the duty he owed to his own particular charge. The three venerable superin- tendents, Erskine, Winram and Spotswood, who had la- boured long and successfully in the cause of the reformed, disgusted with the indifference shown by the regent, solicit- ed this assembly to accept their resignation, as the office was now considered unnecessary. This was, however, una- nimously refused ; and it was further determined by them, to mark their disapprobation of Morton's proceedings, that the bishops should not exercise any ecclesiastical jurisdic- tion within the bounds over which the superintendents pre- sided, without their express consent and approbation.

ix. Early next summer, a trifling circumstance had near- ly interrupted the harmony which subsisted between the two kingdoms. Atone of the usual meetings to adjust the differ- ences which might have arisen on the borders, sir John Car-

JAMES VI. 11

raichael, the Scottish warden, demanded, from sir John For- BOOK rester, the warden of the opposite march, that an English- man, who had been convicted of theft, and was a notorious of- isnT" fender, should be delivered up according to the law of the marches. With this demand, Forrester hesitated to comply, and appeared rather desirous of evading it. Carmichael, how- ever, continuing to urge, some passionate language ensued ; and the haughty demeanour of the English warden, appear- j)jsturb. ing to his followers to be the signal for attack, they sent off a ance* °n flight of arrows that killed one Scottishman, and wounded se- ders.01 veral others. The Scots, inferior in numbers, and unexpect- edly surprised, were thrown into confusion and driven from the field ; but being met in their flight by some Jedburgh men, who were coming to attend the warden, they rallied, and joining with them, forced their pursuers in their turn to flee. In this rencounter, sir George Heron, keeper of Tindale and Ridsdale, and about twenty-four common men, were slain ; sir John Forrester, Francis Russel, son to the earl of Bed- ford, with several others of higher rank, were taken prison- ers, and sent to the earl of Morton, at Dalkeith. The re- gent, who regretted the unfortunate affray, detained them for a few days, till the irritation occasioned by this unlucky occurrence should subside ; entertained them with great hos- pitality, and, after receiving their promise to appear in Scot- land if called upon, dismissed them with the highest profes- sions of regard.

x. Elizabeth, on being informed of what had taken place, ordered Killigrew, her ambassador in Scotland, to demand immediate satisfaction ; and also to inform Morton, that she had directed the earl of Huntingdon, president of the coun- cil at York, and lieutenant of the northern counties, to re- pair to the borders and investigate the matter ; and that she expected he would in person meet with him. Morton dared not disobey, and the two earls met at Fouldean, near the Berwick boundary ; where, after a conference of some days, it was agreed that Carmichael should be sent as a prisoner to England, where he was detained for a few weeks. Eliza- beth, pleased at the submissive conduct of the regent, and finding, on further inquiry, that her own warden was the ori-

12 HISTOKV OF SCOTLAND.

BOOK ginal offender, ordered him to be honourably dismissed, and

*• gratified with a present.

1575. xi. This disturbance was scarcely allayed, when more per- plexing difficulties arose from another source — the church. To understand the nature of this dispute, and place it in a Mode of clear point of view, it is necessary to recur to some previous church go events. The leading feature in the government of the StJllSd church of Scotland established at the Reformation, was at the Re- equality among her ministers ; whose office it was to preach the gospel, and administer the sacraments. The other of- fice-bearers in the church were, the doctor or teacher, who interpreted the scriptures ; under which denomination was included such as taught theology in schools and universities, the ruling elder, who assisted the minister in his clerical duties, and the deacon, who managed the temporalities of the church, and attended especially to the state of the poor. Besides these office-bearers, who were permanent, the ne- cessity of the case demanded some more temporary expedi- ents to supply the want of regular teachers. In parishes, therefore, where there was no resident minister, pious per- sons, who had received a common education, were appoint- ed to read the scriptures and common prayers, and were called readers : — if capable, they were encouraged to add a few plain exhortations to their reading, and they were then denominated, exhorters. The same scarcity of regularly educated ministers gave rise to another temporary office in the church — that of superintendent ; whose duty it was re- gularly to itinerate, for the purpose of preaching, planting churches, and inspecting the conduct of the ministers, ex- horters and readers ; and to each a separate district was as- signed. "These men," according to the church polity pre- sented to the convention at Edinburgh, January, 1560, " were not to be suffered to live idle, as the bishops have done heretofore, nor were they to remain, where gladly they would, but they must be preachers themselves ;" and aftei enumerating the rest of their duties, enjoins, "that they must preach thrice a-week at least."* In the appointment

• Spoti wood, p. 159.

JAMES VI. 13

of these office-bearers, the name of bishop was carefully BOOK avoided ; and instead of the enormous revenues which they had possessed, it was only required that moderate stipends IS75. should be appointed to the ministers, with an additional al- lowance to the superintendents, to defray their travelling ex- penses. Connected with this establishment, it was likewise proposed, in the book of polity, or first book of discipline, to erect three national universities, and form a system of paro- chial instruction. For these purposes funds were necessary ; and as the property of the church should have devolved to the public, by the abolition of the Romish hierarchy, and there were not any individual or class of men who could legally claim a title to the rents of the vacant benefices, it was consi- dered but fair that they should be applied to the most impor- tant purposes of public instruction. A considerable num- ber, however, of the protestant nobility and gentry had either already seized, or expected to share in, the spoil, and these proposals in consequence, never received the sanction of the estates.

xn. The ministers continued to obtain a precarious support from their hearers, and to complain of their indigent circum- stances in vain : till, towards the end of the first year after the arrival of queen Mary, the barons required that pro- vision should be made for their ministers, else they would allow nothing to be uplifted on account of such bishops as still retained the temporalities of their bishoprics, although they had ceased to exercise any of their ecclesiastical func- Retrospect tions ; and who, on the arrival of the young queen, began asticTl a"."

to be looked upon with a more favourable eye. The privy fairs- council in consequence, and in order to seem not to desert the protestant clergy, and yet, at the same time, desirous to please the queen, ordered an exact account of the ecclesias- tical revenues throughout the country to be taken, and di- vided into three parts, two of which were allowed to go to the ejected Popish clergy during life, and the other to be divided between the queen and the protestant ministers ; the privy council appointing a commission, who were termed mo- dificators, to ascertain the proportion of each, and to fix the amount of the ministers' stipends. But this arrangement

14 HISTORY OF SCOTLAND.

BOOK proved almost nugatory ; the stipends were fixed low, and sel- I- dom fully paid. In this state, the ministers were forced to re-

' 1575. main, till the regency of the earl of Moray. In the parliament held immediately after his election, 1567, it was enacted : — That the thirds of the benefices should be paid to collectors appointed by the church, who should first settle the stipends of the ministers, and then account to the exchequer ; an im- portant alteration in favour of the church, which, as we have already seen, Morton, among the first acts of his regency, procured to be abrogated. But besides this, another plan, which commenced during the regency of the earl of Len- nox, had been adopted during the regency of the earl of Mar, for preventing the church from receiving any ac- cession of funds from the benefices which fell vacant ; and in order to accomplish this, an innovation was intro- duced into the form of her government, which was after- ward productive of the most mischievous consequences.

Churchliv- As laymen could not hold church livings, and their secu- ' larization was deemed rather too bold a step to adopt, a middle course was pursued. The hated titles were revived, and bishoprics and other benefices were presented to such ministers as could be induced to accept them ; on condition that, previous to their admission, they should make over the greater part of the revenues to the nobleman who had obtained the patronage of them from court.*

xin. The earl of Morton, who was all along the chief sup- porter of this plan, had obtained from the regent a grant of the temporalities of the see of St. Andrews ; and having pro- cured John Douglas, rector of the university, to be elected archbishop, he in consequence of a private agreement, retain- ed the greater part of the revenues in his own hands, allow- ing Douglas but a very slender stipend. At the meeting of parliament in Stirling, 1571, Douglas was admitted to a seat, although the commissioners of the general assembly protest- ed against this transaction ; and the superintendent of Fife prohibited him to vote as one of the kirk, till permitted by

* These bishops were called Tulchan bishops. A Tulchan is a calf s skin sniffed with straw, set up to make the cow give her milk freely.

JAMES VI. 15

the kirk, under pain of excommunication ;* but the interest BOOK of Morton prevailed even over that of the regent, who was inclined to favour the representations of the church, and he 1575 ordered Davidson to vote as archbishop of St. Andrews, under pain of treason. A number of the nobility, who ex- pected to derive similar advantages from the scheme, sup- ported Morton ; and in spite of the opposition of the minis- ters of the church, and the strong remonstrances and me- morials of the barons, who were still sincerely attached to the principles of the reformation, and who refused even to countenance by their presence, proceedings of which they so decidedly disapproved, the measure was carried ; and bi- shoprics and other benefices were speedily shared among the nobility, and even conferred in some instances upon minors. It was during this parliament that the earl of Lennox was slain, and the earl of Mar succeeded as re- gent.

xiv. The consequences of the innovating system soon be- came apparent. Letters were issued by the new regent, pro- hibiting the collectors appointed by the church from gather- ing the thirds ; on which, Erskine of Dun, the venerable su- perintendent of Angus, a relation of the regent's, addressed to him a long urgent epistle, protesting against this mandate, and lamenting the late proceedings at Stirling. This, and the universal discontent which these proceedings had excit- ed throughout the nation, induced the regent and council to call a convention of the superintendents, commissioners, and ministers, to meet at Leith in January, 1572, to consult about the polity of the kirk. Here, through the influence of the court, it was agreed that the titles of archbishop, bishop, and other ecclesiastical dignitaries, should be retained, and the Episcopa- bounds of the ancient dioceses should not be altered during cy revived. the king's minority. It was, however, at the same time re- solved, that all archbishops and bishops should enjoy no greater share of power, andshould exercise no further jurisdic- tion in their spiritual function, than the superintendents had done ; and that they should be equally subject to the assem- blies of the church. In an assembly held at Perth, August,

* Calderwood, p. 48. Bannatyne, pp. 24-6, 250, 255, 257, 260, 285.

J6 HISTORY OF SCOTLAND.

BOOK 1572, the articles agreed on at Leith were discussed, and the L following resolution adopted : — " Upon the said heads and 1575 articles," "in which [on] being considered and read, are found certain names, such as archbishop, dean, archdeacon, chancellor, chapter, which names are thought slanderous and offensive to the ears of many of the bretheren, appearing to f sound to papistry : — Therefore, the whole assembly, in one the as- voice, as well those that were in commission at Leith as SCainst it ot^ers' solemnly protest that they mean not, by using any such names, to ratify, or consent and agree to any kind of papistry and superstition ; and wish rather the names to be changed into other names that are not scandalous and offen- sive ; and, in like manner, protest that the said heads and articles be only received as an interim, till further and more perfect order may be obtained at the hand of the king's ma- jestie's regent, and nobility, for which they will press as oc- casion shall serve ; unto the which protestation the whole as- sembly convened, in one voice adhered."* Thus was a mon- grel species of episcopacy, to which the ministers consented only ad interim, and under protest, obtruded upon the church of Scotland, on purpose that a rapacious nobility might, un- der cover of law, secure to themselves the ecclesiastical re- venues. It was impossible that such an arrangement could be acted on for anytime, without producing Animosity, where the parties were constantly coming in contact with each other. As might have been expected, disputes immediately arose, and the late appropriation of the thirds by Morton, did not tend to allay them.

xv. The bishops, although possessed of little power, and amenable to the assembly for their conduct, were objects of suspicion to the majority of the ministers ; who were, besides,

• Calderwood, p. 58. Dr. Cooke draws an inference from the proceedings of this assembly, which I hardly think borne out by the record. He thinks that, at this time, the church of Scotland must be considered as having adopt- ed episcopacy, and that upon rational grounds, conformable to the principles of the Reformation — Hist. Ch. of Scot. vol. i. p. 185. But a temporary measure, adopted under protest, can scarcely be allowed to stand as one to which an assembly has agreed. It may have submitted from necessity, and this, I apprehend, is all the church of Scotland ever did to this pseudo-episco- pacy.

JAMES VI. 17

totally alienated from the government of Morton, by his BOOK haughtiness, avarice, and despotic measures ; they dreaded too, that under his wings, his own creatures might attain a 1373. rank which would once more render them dangerous to the church ; especially as it was perfectly evident to all, that the present unsettled state of the ecclesiastical government could not long continue to exist. A leader only was wanted to systematize their opposition, and such an one was found in Andrew Andrew Melville. He was a man of profound erudition, Melville, and immoveable intrepidity ; keen, ardent, and perhaps sometimes rash in the prosecution of his measures, but of unsuspected integrity, and eminent piety. He had spent a considerable part of his youth in Geneva, whence he lately returned with the highest testimonials. Beza, in a letter to the general assembly, described him as one, "equally dis- tinguished by his piety and his erudition," and added, " that the church of Geneva could not give a stronger proof of af- fection to her sister of Scotland, than by suffering herself to be bereaved of him, that his native country might be enrich- ed with his gifts." On his arrival, he was courted by the earl of Morton, and offered an office in his family, the re- fusal of which, tended perhaps to heighten his influence in the church. A great admirer of the polity of the Genevan church, he soon began to discover his disapprobation of the late innovations introduced into that of Scotland ; and find- ing the views of a number of the ministers congenial with his own, he seized every opportunity to express them.

xvi. In the general assembly which met, August 1575, Report t* John Drury, having expressed his objections as to the law- fulness of the office of bishop, Melville, in a powerful speech, seconded all his objections ^ and the question was immediate- ly proposed, whether bishops, as they now are in Scotland, have their function in the Word of God or not ; and whe- ther the chapters appointed for electing them, ought to be tolerated in a Reformed church? The consideration of these being referred to a committee, after two days they presented their report, waving the first part of the question, but stating as their opinion, that if unfit persons were cho- sen as bishops, they ought to be tried anew, and deposed by the general assembly ; and farther reported on the follow-

VOL. III. D

18 . HISTORY OF SCOTLAND.

BOOK ing points, respecting the office of a bishop, or superinten- I. dent : — that the name of bishop is common to all ministers 1575. appointed to take charge of a particular flock, and that his function consisted of preaching, administering the sacra- ments, and exercising ecclesiastical discipline with the con- sent of his elders; that from among these, some one might be chosen to oversee and visit such reasonable bounds, be- On the of- side his own flock, as the general assembly should appoint, fice of bi- having power to appoint preachers, with the consent of the ministers, within their respective bounds, and of the flocks to which they might be admitted ; and that they might sus- pend ministers from the exercise of their office for just causes, with the consent of the brethren of that district. There were six bishops in the assembly, but they all remained si- lent, nor offered a word in defence of their office when the report was presented ; the further consideration of which was deferred until next meeting of assembly. In this man- ner arose two parties in the church, which were afterward to convulse the state ; and the history of whose struggles for ascendency is so deeply interwoven with the civil history of Scotland for the next century, that it is impossible to un- derstand the one, without in some measure being acquaint- ed with the other.

xvii. While Morton was enriching himself at the expense of the church, and impolitically estranging from his interest, a body of men whose influence was at that time extensive ; dreading no rival, he, at the same time, behaved towards the nobility and gentry in such a manner, as plainly evinced that he considered his power too secure to be shaken ; and that the dignity of the noblest in the land, would not ex- empt them from feeling its effects. His extortions and op- Morton at- pression, as long as they were confined to the middling nobles. * ran^s» nad occasioned much discontent, but no serious re- sistance ; and he thence falsely imagined that he might with equal impunity, attack the privileges of a proud aristocracy. But the event proved upon how frail a foundation the fa- bric of his grandeur was erected. His first attempt was upon John Semple of Bil trees, and Adam Winford of Milne- ton, his treatment of whom contributed not a little to heighten the general indignation, and awaken the fears of

JAMES VI. 19

the nobles ; particularly, as it was believed that the for- feiture of lord John Hamilton, of Aberbrothick, and his brother Claude, was what was ultimately aimed at. " Mary Livingston, one of queen Mary's maids of ho- nour, had received a gift of some lands from her royal mi&- tress, and these Morton wished to restore to the crown ; w.hich, when Semplej to whom she was married, understood, he unguardedly exclaimed : — " If he lost the lands, he should lose his head also." This speech being reported to the regent, who had heard some vague surmise of a conspi- racy by lords John and Claude Hamilton, to assassinate him, immediately apprehended Semple, and put him to the torture; on which he confessed — as common minds in such circumstances are apt to do — whatever he was desired ; and on his own confession was condemned, but was pardoned at the scaffold. His uncle, Milneton, was also apprehend- ed and put to the torture. He, however, constantly denied having been acquainted with any such plot, and after being cruelly mangled, was set free. His firmness gained credit to his testimony, while the confession of his nephew was wholly disregarded, as being extorted from his weakness, by the extremity of his pain.

xvin. The regent's next attack was yet more prejudicial to his power. The Scottish nobles were little accustomed in that age to obey the law ; and their kings were often un- der the necessity of overlooking, what it might have been dangerous to attempt to punish. Argyle and Athol were two of the most powerful, and a feud had arisen between them, from a trifling, but very common occurrence ; which, in the circumstances in which Morton stood, had he known par^i^ his real situation, he might easily have rendered conducive ly Argyle to the stability of his government ; by following the insi- auheVjme* dious, but safe policy, so often practised by the Scottish at variance, monarchs, of aiding the least powerful, and weakening the one most to be dreaded ; or by allowing them first to waste their strength in mutual slaughter, and then effectually humbling both. One Maccallum, a vassal of Argyle's, and a notorious robber, had committed some depredations in Athol, in the course of which, he was apprehended by the earl, but pardoned at the request of Argyle. Continuing

20 HISTORY OF SCOTLAND.

BOOK however, the same practices, Athol demanded that he should !• be delivered up to punishment, which the other refusing, J575. he took arms to enforce his demand, and Argyle also arm- ed to resist it. Both were proceeding to extremities, when the regent interposed, and compelled them to disband their forces. In common cases, the affair would have ended here ; but Morton had determined to found on their illegal pro- ceedings, a charge of treason, and confiscate their estates. Who unite The parties however, having obtained information of his Mm!" design, were, through the intervention of friends, reconcil- ed ; and by their union, perceiving themselves sufficiently strong to set him at defiance, refused to obey his summons. To defiance Argyle added contempt ; for shortly after, hav- ing received some affront from clan-Donald, he again took arms, and on being again charged to disband his forces., he not only refused to obey, but maltreated the messenger, tore his letters, and forced him, and the witnesses by whom he was accompanied, to swear that they would never return in- to the county of Argyle upon a similar errand. As this took place in the beginning of winter, the regent, although highly incensed, could do nothing but resolve to proclaim him rebel. Mutual danger, in the meantime, had united the two earls; yet though they considered themselves safe from Morton's vengeance, they never could forgive his intention of acting with them according to law, and ceased not to pursue him with implacable revenge, till they finally effected his ruin ; the more remote causes of which, it is now neces- sary to explain.

xix. Engaged entirely in the cares of government, or Causes of 'n plans °f personal aggrandizement, Morton had almost Morton's wholly forgotten that there was a king; or that it was at all necessary to conciliate the affections of the boy, by paying any attention to those who were placed around him. The prince, during his infancy, had been committed to the charge of the earl of Mar, and had resided securely in Stirling castle, while the different parties were striving to obtain pos- session of his person. The chief superintendence of his education was intrusted to Alexander Erskine, brother of the earl of Mar, upon whom the governorship of that for-

3RARY.

JAMES VI.

tress devolved at the earl's death ; and when James attained BOOK the fourth year of his age, he was placed under the care of *• George Buchanan, with whom were associated Peter Young, 1575. and David and Adam Erskine, the two commendators of Cambuskenneth and Dryburgh, both related to the noble family of Mar — tutors, the best the nation could afford, either for the cultivation of the mind, or of those bodily ex- ercises, which were deemed necessary royal accomplishments in that age. The king was now in his twelfth year, and his His neglect mind, like a light soil, by the luxuriance of its premature of Jame»> vegetation, gave promise of a harvest which was never to ripen. He had discovered an aptitude for the languages, and had, through the assiduous attention of his preceptors, acquired a share of general knowledge, very seldom the at- tainment of boys of his age.* He had besides, an imposing fluency of expression, which appeared to casual visitors to exhibit symptoms of talents, superior to what he in reality possessed. His teachers were highly gratified at his profi- ciency, and the nation delighted with the prospect of a young sovereign, who seemed to their fond imaginations formed to reign.

xx. Courtiers generally worship the rising sun, as soon as his first rays begin to appear above the horizon, even when the legal prince and the parent is upon the throne ; but when a regent holds the sway, this assiduity is naturally redoubled, and he who knows that he must quit his eleva- tion in a few years, ought never to forget, that at best it is painful to descend ; and, therefore, endeavour betimes to smooth the declivity. But Morton thought this event far distant. While others were cultivating the affections of the and f . . royal youth, or endeavouring to ingratiate themselves with preceptors his preceptors, he alone seems to have stood aloof; and not only not to have endeavoured to conciliate, but rather by personal injuries, to estrange them. The story that Mel-

* Mr. James Melville, who was admitted to see the young king in the ninth year of his age, speaks of him in raptures, as " the switest sight in Europe that day, for strange and extraordinar gifts of engyne, judgement, memorie, and language. I heard him discourse, walking up and down in the auld lady Mar's hand, of knawlege and ignorance, to my grait marvel and astonishment." M'Crie'a Life of Andrew Melville, vol. i. p. 65.

22 HISTORY OF SCOTLAND.

BOOK ville tells, however, respecting Buchanan's irritation, does *• not accord well with the character of "a Stoick philoso- 1575. pher,"* which he had given him only a few paragraphs be- fore ; but it is highly probable that the tyrannical govern- ment of the regent, had alienated the affections of a man who bore such a decided hatred to oppression ; and it is evident his supercilious carelessness hurt the pride of the others, who, from the situations they held, naturally expected both marks of favour and emolument.

xxi. These discontents had been long cherished in secret ;. but the apparent hopelessness of effecting any change, till the king was able to assume the reins of government into his own hands, had hitherto prevented their breaking out into .open action. The opposition of two such powerful noble- men, as the earls of Argyle and Athol, to the existing go- vernment, afforded an opportunity which was immediately seized. No sooner was it known that they were reconciled to each other, than sir Alexander Erskine opened a negoti- ation with them,, and allowed them to enter secretly into the castle, and the king's presence. Argyle came first, and ex- Athol ad. hibited to James a miserable picture of the wretched state muted to Qf ^e countrVj occasioned by the mismanagement and se- verity of Morton's administration. He complained of the extreme rigour with which he himself had been treated, in being denounced as a rebel, though his loyalty had ever been unimpeachable ; and requested his majesty to do him justice, by assembling a council of the nobles, and ordering his cause to be legally investigated ; and in the meanwhile, entreated to be allowed to remain with his majesty till the day of trial. Athol shortly after arrived, as had been pre- concerted, and was introduced to the king, who immediate- ly informed him of Argyle's complaint, and requested his ad-

* " Mr. George [Buchanan] was/' he says, " a Stoick philosopher, who looked not far before him." " He was also religious." " He became the earl of Morton's great enemy, for that a nag of his chanced to be taken from his servant, during the civil troubles, and was bought by the regent, who had no will to part with the said horse, he was so sure-footed and so easy, that albeit Mr. George had ofttimes required him again, he could not get him. And therefore, though he had been the regent's great friend before, he became his mortal enemy, and from that time forth, spoke evil of him in all places, and on all occasions." Melville's Memoirs, p. 250.

JAMES VI. 23

vice. He, as if entirely unacquainted with the whole busi- BOOK ness, replied, that he thought the earl's petition perfectly *• reasonable, and that in the present state of the nation, it 1575.

would be highly expedient to call a council of the nobles. Advise him

' „ to call a

This advice, so flattering to a boy of twelve, as it seemed to council of

promise him the immediate exercise of sovereignty, delight- his nobles-

ed James ; he readily complied with all that they desired,

and ordered letters to be written to summon an assembly,

committing to the two earls the charge of despatching them.

They took care however, that none should be summoned but

» their own friends, and such as they knew were inimical to

\ Morton ; among whom were lord Maxwell, who had lately

} been warden of the west marches, but was then confined in

Blackness castle, and lord Ogilvy, who was prisoner on pa-

role, in the city of St. Andrews.

xxi'i. No sooner was the regent apprised of Argyle and Athol's having received admission to the king, and that an assembly of the nobles had been called, under pretext of trying the cause of Argyle, than he despatched the earl of Angus, lord Glammis, the chancellor, and lord Ruthven, treasurer, with a message to the king, informing him of the outrage which Argyle had committed against his authority, and of his legal combination with Athol to disturb the public Morton's

peace, and desired to know his majesty's pleasure as to the ^

conduct he should pursue ; adding, in a tone which seemed

to carry the appearance of a threat, that if his highness

would allow the law to take its course, he was prepared to

do his duty; but if he chose to overlook their disobedience,

and suffer his royal name and authority to be trampled on

in the person of his servant, he hoped his highness would

be pleased to relieve him from the toils of office ; in which

case, he recommended the preservation of peace with Eng-

land, and concluded his letter with a long enumeration of

the services he had rendered the king from his birth till

then, only requesting, in return, to have a full approbation

of his conduct ratified by the estates. A great number of

noblemen having attended at Stirling, in consequence of the

king's summons, Morton's letter was laid before them ;

when it was determined that his offer of resignation should is accepted.

be accepted, and that the king should take the administra-

24 HISTORY OF SCOTLAND,

BOOK t*on °f g°vernment into his own hands. The same day an I. express was sent to the regent, informing him of this deter- I575 mination.

xxni. Morton, when too late, saw the error he had com- mitted, and endeavoured to retrieve it.. He immediately despatched the earl of Whittingham, to request the king, before he made any alteration in the officers of state, to ef- James as ^ect ^e reconciliation of such noblemen as were then at va-v sumes the riance ; hoping by this means to procure, at least, some de- lay ; but it was of no avail, — lord Glammis, the chancellor, and lord Herries, were sent with a written notification of the king's determination, by the advice of his nobles, to assume the government himself, and requiring him to give in his de- mission formally in writing ; and at the same time, to send to the king the form of discharge which he wished to be granted, that his majesty might lay it before his council for their deliberation ; assuring him that he should be treated in the most gracious manner. The king accompanied this mandate with an affectionate epistle written in his own hand, in which he declared, that it was only " because he saw no other way to maintain concord among his subjects, he had accepted the government, and that he was confident to have the defects of his age and experience supplied by his nobi- lity ; especially by himself, whom he would ever love, and acknowledge as his trusty cousin, most tender to him by blood, and one of his true and faithful counsellors."*

xxiv. Unable to breast the torrent which set in so strongly against him, Morton yielded to the tide, and assisted in person at publishing theproclamation in Edinburgh, which announced "Morton's the king's assumption of the government. His friends were conduct not more amazed than grieved at the facility with which he resigned his power into the hands of his enemies; for they did not consider the king as yet capable of acting but under direction, and maintained that no power, except the estates, could deprive him of the regency, till the term they had al- lotted was expired. In particular, lord Boyd, one of his most intimate friends, who only arrived a few hours after he had sent in his resignation, strongly expostulated with him

• Spotswood says, " These be the words of the letter."

JAMES VI. 25

on the impolicy of his conduct, and for not having previ- BOOK ously consulted with his adherents ; reminding him that there *• was no medium for a falling statesman, between supreme j57q power and utter ruin ; that if he flattered himself he would find it otherwise, — that he would be able to descend with- Blamed by out danger to the ease and tranquillity of a private life, h'8 frieBlis- he would find himself sorely mistaken, in imagining a rest that he would never see. Had he kept his place, he con- tinued, his friends would have rallied around him, and frustrated the designs of his enemies ; but now, having de- serted his own cause, there remained nothing for them but to lament the misfortune they could not remedy ; and adding the prophetic wish of: — " God grant that this be the worst of things," he turned aside and burst into tears. The regent endeavoured to justify his conduct, by urging the king's letter, and the commotions which would have arisen in the nation, had he refused to comply ; yet, in secret, he blamed his own precipitancy, and now he had left him- self no room to retract. He therefore sent the earl of An- gus and lord Glammis, to give in to his majesty his formal resignation, and received in return, a general approbation of Qbtaing a his conduct from the king, and a full pardon, in the most deed of ample form ; declaring him incapable of being accused or appro brought to trial for any crime, of whatever weight or magnitude, without exception, which might hereafter be alleged against him ; and granting him a complete discharge for all his intromissions with money, rents, property, or casualties, which had taken place during his regency. This instrument was expressed in the strongest language, and declared to be irrevocable ; the nobility, who surrounded the king, pledging themselves, under a penalty of five hundred thousand pounds, to procure a confirmation of the deed at the first meeting of parliament. A coun- cil was, in consequence, immediately appointed to sit at Edinburgh, to manage the administration of affairs, and Morton retired to the quiet of Lochleven, " making," says sir James Melville, " the walks of his garden even, his mind, in the mean time, employed in crooked paths."*

' Melville, p. 252. VOL. III. E

26 HISTORY OF SCOTLAND.

BOOK xxv. Whether the regent had begun to perceive that *• he had carried matters too far — for it is evident he only 1S78.~~ wished to introduce as much of episcopacy as would enable him to manage the churchmen easily, and retain the church property he had acquired — or whether he perceived any symptoms of dissatisfaction — the precursors of that storm which afterward burst so unexpectedly upon his head — he al- lowed the ministers to proceed with comparatively little dis- turbance, in humbling the bishops, and introducing that form of church polity which they conceived more consonant Affairs of to the scriptures.* In the first assembly, 1576, the ques- thechurch. t;on respecting the function of bishops was again introduced, when their equality was again affirmed ; and in order that the abstract proposition should not remain a dead letter, it was determined that every bishop should take charge of a particular congregation. Nor was the judicial pow«r of the general assembly over them allowed to slumber. James Paton, bishop of Dunkeld, having been convicted of alie- nating the revenues of his see, was deposed. Paton appeal- ing from the sentence of the assembly, to parliament, a de- putation was sent to represent their proceeding to the re- gent, who returned for answer, that he entirely approved of their conduct ;f but desired that some uniform rule for procedure in such cases in future, should be established ; either that they would adopt the articles settled on at Leith as their standard, or devise some new form of government by which they would abide. The assembly chose the latter alternative, and informed him that they should, without de- lay, take the subject into their consideration, and draw up a scheme of church polity which they would submit to the council for their approbation. For this purpose they imme- diately appointed four committees ; one for the west, to meet

* Morton appears, about this time, to have conceived the idea of buying off the most popular leaders. He offered Andrew Melville the rich living of Govan, if he would desist from his opposition to the bishops ; but the purpose of Melville was not to be shaken, and with a disinterestedness which unfor- tunately, even among good men is more applauded than imitated, he prefer, red his integrity with a small income, to a larger where the least compromise of principle was involved. He procured, however, the gift for the college of Glasgow.

f Calderwood, p. 70.

JAMES VI. 27

in Glasgow ; another for Lothian, in Edinburgh ; the third BOOK for Angus, Montrose ; and the fourth for Fife, St. Andrews ; and these, after deliberating separately, were each to depute 1578. one or two of their number to meet at Stirling, and after a conference, to draw up the result in a report to the next ge- neral assembly.

xxvi. There is scarcely on earth a more desolate being than a fallen minister of state, if he do not carry with him, in his retirement, the blessings of the people and the favour of the good. The minions who basked in his sunshine are the first to desert him, and it is the interest of those who have wrought his disgrace to prevent his ever attaining the power of recovery- It was not long before Morton began to feel this. His enemies were not satisfied with his remo- val from office ; and notwithstanding their solemn engage- ments, they even, before he retired to Lochleven, began to The show that thev had no serious intention of observing their mature de.

A f

agreement. They urged the king to demand the surrender Moan's of the castle of Edinburgh, of which he was still possessed ; opponents, a sum of money, to defray the expense attendant on his ma- jesty's assuming the government; to call him to an account for his management of the mint, and the profits he had de- rived from it ; to institute a strict inquiry into the state of the borders, and his nephew, the earl of Angus, to be de- prived of the wardenship. Morton at first hesitated re- specting the castle of Edinburgh, and appeared as if he in- tended to defend it; but a convoy of provisions, which he was sending to supply the place, being intercepted by the inhabitants of the city, he delivered it up without resis- tance to lords Ruthven and Lindsay, who took possession »f the royal apartments, and the jewels of the crown ; Seton of Touch, and Cunningham of Drumwhassil, at the same time, receiving the keys of the gates. He however, absolutely declined to advance any money, alleging that he had sustain- ed the expense of the civil war ; that he had repaired and beautified the castles and palaces belonging to the king, and supported the royal household and the dignity of the regency, for which the revenue of the crown was ina- dequate ; yet, when his majesty came of age, he said he would, without hesitation, devote his fortune to support his

28 HISTORY OF SCOTLAND.

BOOK honour. With respect to the mint and the borders, in reply

I- to the demands, he left them entirely in the hands of the

~7&78. king. Stimulate xxvn. The confederate nobles, trusting too much to the

him to re- facyjty witjj wnich they had deprived Morton of the re- gain 1118 J L

power. gency, thus prematurely destroyed any degree ot confi- dence he might have felt disposed to place in their ho- nour or promises. He now saw there remained for him no hope of safety, but in a situation beyond the reach of his enemies ; and he determined, if he could not re- gain the rank he formerly held, at least to regain the power. In this determination, he was confirmed by an un- fortunate casualty, which occasioned universal grief, and placed the high office of chancellor, to the great dissatisfac- tion of the nation, in the hands of a papist. Lord Glammis, on his return from his last mission to Morton, in going to report the issue to the king, followed by a numerous train, accidentally encountered, in a narrow lane, the earl of Crawford similarly attended. The two earls, between whom some quarrel subsisted, passed each other in silence ; but their retainers were not so quietly disposed, and a scuffle Earl of ensuing, the chancellor was mortally wounded by a pistol Crawford ball. He was a man of unblemished character, and in the situation he held, had secured the esteem of all parties by his moderation. Athol was appointed his successor; and the earls of Caithness, Eglinton, and lord Ogilvie, were at the same time chosen members of the council, all of whom were strongly suspected of being either papists or favourers of popery ; a circumstance which the protestants viewed with a jealous eye, and compared with the conduct of Mor- ton, who never committed any places of trust to either pro- fessed papists or suspected persons.*

xxviii. In his retreat, styled by the people, the lion's den,-}- the ex-regent, who was meditating schemes of ambi- tion, was no inattentive observer of the changes which were taking place, and the revolution in men's sentiments with regard to himself; and deeming the crisis favourable, he created, at least took advantage of some jealousies which

• Spotswood, p. 28.'5. t Robertson.

JAMES VI. 29

had sprung up in the Mar family, and left his retreat once BOOK more to appear on the theatre of action. The abbots of Dryburgh and Cambuskenneth fearing, or affecting to fear, 1578. that Alexander Erskine meant to retain the sole superinten- ^?rl °^ dence of the royal person, even after the earl, his nephew, tains pos- now a youth of twenty, had come of age, inspired young g"*]?™ ol Mar with a similar suspicion; on which he repaired sud- Castle and

denlv to Stirling, and being admitted as usual with his at- the kmg: *

* . . . person,

tendants into the castle, seized the gates early in the morn- ing, and turning out his uncle, who dreaded no danger, placed new guards upon the gates, and made the garrison swear fidelity. The soldiers without hesitation submitted, and thus he obtained an easy and bloodless possession, both of the king's person and of the fortress.

xxix. No sooner were the council, who remained at Ed- inburgh, apprised of this unexpected event, than they pre- pared to set out for Stirling, the inhabitants of Edinburgh offering to furnish them with a guard; but their advance was prohibited by letters from the king, who informed them, that what had taken place, was only in consequence of some private dissensions among the Mar family, which would easily be adjusted ; and required them to come in a few days, without any armed attendants, to Stirling, and assist at the reconciliation. This injunction was immediately obey- ed ; and shortly after, a council met at Stirling, where it was agreed, that the earl of Mar, being now of age, should retain the castle, and personally attend upon the king ; and that his uncle Alexander, the master of Mar, should con- tinue captain of that of Edinburgh, but enjoy free access at all times to his majesty.

xxx. In their momentary exultation, Morton's enemies had summoned a parliament to meet at Edinburgh in the month of July The king and his advisers, however, called CalJ a council of the nobility to assemble previously at Stirling, council. on the 10th of June, to arrange the business to be laid be- fore parliament, ana to which the king, by special letter^ invited Morton. Morton, who was amusing the council at Edinburgh with a pretended negotiation, immediately obey- ed the expected invitation ; and setting out at midnight, was

BOOK I.

1578. Morton appointed

president.

Dissen- sions.

30

HISTORY OF SCOTLAND.

admitted by Murray of Tullibardine into Stirling castle. At the meeting of the nobles, he was chosen president from respect to the situation he formerly held ; and managing with dexterity the advantages he had obtained, soon possessed his former ascendency among the immediate counsellors of the king. As it would have been highly imprudent to have car- ried the young king to a place entirely devoted to the op- posite faction, a proclamation was issued in his name, chang- ing the place of meeting from Edinburgh to Stirling castle; " because his majesty was anxious to be present in person, and could not with propriety remove from his usual resi- dence."

xxxi. The nobles of the opposite party, who had always considered Morton as the author of this sudden revolution, although he had not hitherto appeared in any of its move- ments, now began openly to express their dissatisfaction ; and the citizens of Edinburgh, who had long looked with jealousy at the king's abode being fixed in Stirling, now that the parliament was also to be removed thither, exhibitec their discontent by the readiness with which they receivec and propagated rumours calculated to excite the public mine against the supporters of the late change. The king, it was at one time said, was detained captive ; then he was shortly to be sent to England ; and now the ancient league with France was to be dissolved by the new parliament, and the country delivered in bondage to their ancient enemy, toge- ther with numberless other similar reports. To counteract these, the council published a proclamation a few days be- fore the parliament met, asserting, that it was the king's choice to remain in Stirling ; denying that any interference would take place with the foreign relations of the nation ; and affirming, that the only object in calling this parliament was, to authorise such measures as would tend to the ad- vancement of the honour of God, the safety of the king's person, and the prosperity of the kingdom. This procla- mation, however, produced little effect. The lords who were at Edinburgh determined to remain there, and send a deputation to protest against the legality of holding parlia- ment within the walls of a fortress surrounded by armed

JAiMES VI. 31

men, where all freedom of discussion must be effectually de- BOOK

stroyed ; and to pray his majesty to prorogue the meeting

to a better time, and a fitter place. 1578.

xxxii. On the day appointed, however, the parliament met Parliament in the great hall of the castle, and was opened by the king g^1" himself in a short speech; immediately after which, the earl Castle. of Montrose, and lord Lindsay rose, and in the name of the council, protested against the legality of the session, from its being held in a place whither they could not repair, in- asmuch as it was wholly in the power of their enemies. The two noblemen were ordered into confinement in their own lodgings, and the parliament disregarding the protest, pro- ceeded to business. The king's assumption of the govern- ment was recognised, the act of idemnity granted to Mor- ton confirmed, and a pension for life settled upon the coun- tess of Mar. Lindsay submitted to the order of court, and retired to his lodgings, but Montrose made his escape to Edinburgh, and joined the lords there; asserting that he brought his majesty's instructions to effect his rescue from the thraldom in which he was held by those he hated. Athol, the chancellor, who, together with Argyle, was at the head of the faction, on the arrival of Montrose, publish- ed a declaration, accusing Morton of surprising by his in- struments, the castle of Stirling, and the king's person; of proceed- keeping the king captive, so that his best subjects could lnss of the find no access to him; of changing the place of meeting of Edinburgh parliament, and of levying soldiers, under the title of the king's authority, to support his own usurped power; and therefore, they were determined to deliver the king from captivity, and the kingdom from oppression. This declara- tion, which was widely dispersed over the kingdom, was followed -up by preparations for hostilities on both sides. ^Athol and Argyle were already at the head of a considera- ble ibrce ; and the earl of Angus, Morton's nephew, who was appointed the king's lieutenant, found himself in a few hours, in command of an army, little inferior in numbers, but superior in rank ; and backed by the authority of the king, who, thus early initiated in the art of duplicity, was constrained to issue a counter manifesto, in which he de- clared that it was at his own desire he remained at Stirling,

32 HISTORY OF SCOTLAND

BOOK and was attended by the earl of Mar, in whose fidelity he _. *• could repose more confidence than in theirs, who had excit- 157U ed such commotions in the kingdom. When this proclama- tion arrived at Edinburgh, the nobles would not allow it to be published ; but quickening their operations, collected their troops, and marched towards Stirling. When they halted at Falkirk, they mustered about seven thousand men. The differ- The earl of Angus, who, on hearing of their progress, had ent parties ajgQ a(jvance(l5 encamped on the opposite side of the Carron field. with five thousand. Both parties were unwilling to strike

the first blow, and sir Robert Bowes, the English ambassa- dor, taking advantage of this disposition, laboured inces- santly to promote an accommodation..

xxxii i. While the negotiations were going forward, and the two armies lay in sight of each other, an incident took place, which, as omens have always had a powerful effect upon large bodies of men, might perhaps have had some in- fluence in inclining the parties to come to a readier arrange- ment. One Tait, a follower of Kerr of Cessford, who was then with Athol, advanced vauntingly in front of the lines, and dared any of the horsemen of the opposite party to shiver a lance for his mistress. A retainer of the master of Glammis, named Johnston, accepted the challenge ; and a small plain by the side of the Carron, was chosen as the spot to decide the combat ; both banks of the river being cover- ed with the horsemen of the adverse armies, to witness the issue. At the first charge Tait fell, pierced through the body, and instantly expired ; which the king's army accept- ed as a sure pledge of victory, and the others, somewhat disheartened, returned to their camp. But extremities were They con- at this time avoided ; and the endeavours of the English am- clude a bassador proving successful, a treaty was concluded, by which it was agreed; — that the forces on both sides should be disbanded, except a few horsemen to be kept by the king, for preserving peace on the borders ; that the earls of Athol and Argyle, should have a residence appointed them in Stir- ling castle ; that the noblemen, barons, and gentry, should have free access to the king ; Montrose and Lindsay be add- ed to the privy council, and a committee of eight noblemen chosen by the king, four from each party, appointed to in-

JAMES VI. 33

vestigate all causes of dispute, and effect a perfect reconci- BOOK liation.

xxxiv. In the late parliament, it had been agreed to send 157^ an embassy to the queen of England, to announce the king's assumption of the power in his own hands, to thank her ma- jesty for the kindness she had shown him during his mino- rity, and to draw the bonds of union closer between the two kingdoms. The abbot of Dunferrnline, was accordingly des- patched to the English court ; but besides his public des- patches, he carried private instructions from the king, to examine the will, and secure possession of the estates of the countess of Lennox, his grandmother, who had lately died. That lady's second son, had left one daughter, Arabella Stuart, who was born in England, and the chief objection to James' claim, being the maxim of English law, which ex- cludes aliens from any right of inheritance within the king- dom, Elizabeth's waving this with regard to the king of Scots, would have been at once to acknowledge his right to the throne, by setting aside the English heiress. She there- fore, without allowing the subject to be discussed, ordered the rents of the estate to be sequestered by lord Burleigh, master of the wards, on purpose to teach the Scottish king a lesson of caution, as to the manner in which he should urge his more important demands. The other parts of the em- bassage were graciously received, and answers expressive of the highest regard returned.*

xxxv. Notwithstanding the treaty which had been signed by the two factions, they were far from being completely re- conciled ; the earls of Athol and Argyle, still bearing in mind the conduct of the earl of Morton, while regent, and endeavouring to subvert his influence at court — nor was it without difficulty, that they were brought together in the king's presence at Stirling, where, after some days spent in

mutual recrimination, the explanations of Morton were ad- ,.

, ,. Morton rc-

ITHtted, and the parties brought, if not to a cordial, at least conciled to

to an apparent agreement. In order to celebrate this agree- ^tho\ and ment, Morton gave a splendid banquet to the principal no- bility of both parties, which he pushed to the utmost extent of what was then termed Scottish hospitality. Athol, the

• Spotswood, pp. 284> 384.. Robertson, Book vi. VOL. III. F

34 HISTORY OF SCOTLAND.

BOOK chancellor, who was one of the number, either through th» *' effects of the debauch, or in the common course of humai

1579. events, sickened immediately, and in four days after, died

dea'th'of at Kincardine. The violence of his disorder, and the sud-

Athol. denness of his death, gave rise to a suspicion that he had

been poisoned ; and although the physicians and surgeon?

who opened the body, declared upon oath, that they observ-

ed no symptoms of any deleterious substance having enterec

the stomach, or the least mark of any extraordinary disease ;

yet the relations of the chancellor protested that these de-

clarations were unsatisfactory, and should not interrupt

the course of justice ; and the evident advantage which

Morton derived from the opportune removal of so formida-

Morton re- ble an opponent, easily gained credit to a rumour which fol-

chief * lowed him to the scaffold. Argyle was promoted to the of-

power. fice of chancellor instead of Athol, and Morton once more

obtained the administration of the kingdom.

xxxvi. Untaught by his late narrow escape, no sooner did the earl feel himself again seated securely, as he thought, in power, than he resumed his attempts against the nobili- ty ; his first attack was upon the house of Hamilton, who were now the only family in opposition, from whose power or influence, he imagined, he had any thing to dread, and whose extensive estates offered a tempting bait to his cupi- dity, and that of the members of his faction. The earl of Arran had been confined in Draffan castle, as insane, for a His pro. considerable length of time. Lord John Hamilton, the se- ceedings Cond brother, abbot of Aberbrothick, acted as administrator Hamiltons. °f n^s estates, and lord Claude, was commendator of Paisley. The first, from the nature of his distemper, was incapable of committing any crime ; but the two last had been ac- cused as accessory to the death of the regents Moray and Lennox, and included in the general act of attainder on that account. In the general amnesty, granted by the treaty of Perth, they who were concerned in these murders had been excepted. To them, therefore, it was resolved to ap- ply the rigour of the law; and without bringing them to trial, it was determined to proceed upon the former sen- tence, as the formality of summoning them, it was alleged, would only be giving them notice to flee. A commission was in consequence, issued to the earls of Morton, Mar, and

JAMES VI. 35

Eglinton, and lords Ruthven, Cathcart and Boyd, to appre- BOOK hend them by surprise. *•

xxxvu. To facilitate the execution of this design, Mor- """"" ton had previously hired a band of mercenaries, whom he kept in readiness to assemble on a few hours' notice, at whose head the commission set out without delay, to seize the persons, and confiscate the estates of the accused. The two brothers had fortunately heard of their approach. Lord John fled on foot, disguised in a seaman's dress, into Eng- land, whence he made his escape to France j and lord Claude, after lurking privately for some time in Scotland, found refuge with a friend of the late earl of Northumber- land's, till an opportunity occurred for allowing him to join his brother. Their castles were, however, seized. Draffan was given up on the first summons, but Hamilton being de- fended for two days, on its surrender, the garrison were marched as felons to Stirling, and their captain, on the gib- bet, paid the penalty of his fidelity to his chief. Still how- ever, there were no legal grounds for seizing the estates, as whatever might be the offences of his brothers, Arran was guiltless. By a gross perversion of law, this difficulty was overcome ; the unhappy nobleman, though in a state of men- tal abstraction, was found answerable for the acts of his ser- vants ; and because they had refused to obey the summons of the king, he was convicted of treason, committed to close custody, and the estates were confiscated. The revenues of lords John and Claude Hamilton were both sequestered ; but the widow of the earl of Cassilis, who had been married to the commendator of Aberbrothick, was allowed to retain the jointure she had by her former husband. These arbi- uis excuses trary proceedings again awakened the fears of the nobles ; for tliem- and in order to allay them, it was found necessary to issue a proclamation in the king's name, declaring that what was done in the present instance, was only to avenge the death of his father, and the regents, to which he was in conscience and duty bound ; but that no article of the pacification should be called in question. Little did Morton think that in a few years, the same plea would be urged in justification of his own execution !

36 H1STOAY OF SCOTLAND.

BOOK xxxviii. About this time, Mary, who had amused her solitary hours in embroidering a vest for her son, sent 1579. him this mark of maternal affection, with some jewels of va- ^ue' an^ a ^etter ty ner secretary, Nave; but the letter be- ed by her ing addressed, ' To our loving son James, prince of Scot- land,' the messenger was sent back to his unfortunate mis- tress, with the gifts, without being permitted to see the king. xxxix. Morton, who never was a favourite with the in- habitants of Edinburgh, increased the popular hatred against him, by an action equally mean and revengeful. One Turn- bull, a schoolmaster, and a W. Scot,* having written a sa- tire against him, in which they enumerated, with some hu- mour, all his real or fancied delinquencies, were apprehend- ed for this squib, and in spite of every application for mer- cy, were carried to Stirling, tried, and hung. He had now triumphed over his enemies, and crushed all their at- tempts to deprive him of the chief rule in the state ; but Edinburgh still remained turbulent and dissatisfied, at the want of her sovereign. To regain the good will of the inha- bitants, he determined to acquiesce in their wishes ; and — as the king was now of an age that would no longer admit of his being kept close in Stirling castle, — to bring him to the capital ; for which purpose, he summoned a parliament to EsmeStuart meet at Edinburgh. But while preparations were making amvesfrom for the removal, Esme Stuart, son of a second brother of rance' the earl of Lennox, who inherited an estate in France, — the reward of his ancestors' valour, — and bore the title of lord IVAubigne, arrived in Scotland. His ostensible errand was to pay a complimentary visit to the king, his cousin, and de- mand possession of the estate and title of Lennox, to which he pretended some right. It was generally believed, how- ever, that he had other objects in view. The interest of France had been long extinguished in Scotland, and all in- tercourse between the two courts interrupted ; but anxious to regain their influence, and deeming the present a favoura-

* They appear to have been popular balladmongers in their day, " both re- markable," says Crawford, " for their good humour, and knack of rhyming, in great vogue, both with the gentry and common people." Crawford's Mem. p. 354.

JAMES VI. 37

ble opportunity, he was suspected of being employed on this errand, especially as the duke of Guise had accompanied ' him to the ship. His handsome appearance, and elegance 1379- of manners, easily captivated his royal relative; who, even at a more mature age, was guided by superficial accomplishments rather than solid qualifications, in the choice of his favour- ites. In a few days after his arrival, he was created earl of Created Lennox, which the king persuaded his granduncle to resign Lennox, in his favour, who, in return, received the earldom of March. The temporalities of Aberbrothick, forfeited by lord John Hamilton, were bestowed along with the earldom of Lennox, to support the dignity. At the same time was introduced to the king, captain James Stuart, second son of lord Ochil- Captain J. tree, remarkable for his irreligion, indecency, and want o every moral quality which can render a man estimable in so- ciety. His only virtues, — if the word may be so prostitut- ed,— were suppleness and dexterity in managing his designs, and a matchless impudence and audacity in supporting them. Both were favourites ; but notwithstanding the proverbial They be-

dislike of one favourite for another, and the dissimilarity ofcome.^ i • • i r * vountes.

their characters, — tor Lennox was courteous, rrank, and af- fable,— they are said to have united without envy, and shar- ed without animosity, the favour of the king.*

XL. At length the time for the assembling of parlia- ment arrived ; and the king, accompanied by his favourites., set out for Edinburgh. The citizens received him with thesThe king loudest acclamations of joy, and the most splendid and expen- ^™es to sive pageants,f Lennox walking on his right hand during burgh.

* I state this on the authority of Robertson, but I doubt the fact, both from its improbability, and the subsequent transactions.

f At some distance from the West Port, the king alighted from his horse, and a stately canopy of purple coloured velvet being held over his head, he re- ceived the magistrates of the city, who came bareheaded all the way without the gate. Within the gate stood Solomon, with a numerous train, habited af- ter the Jewish or rather the Roman manner, with the two women contending for the child, &c. As his majesty ascended the street called the West Bow, there hung down from the arch of the old gate, a large globe of polished brass, out of which a little boy, clad like a cupid, descended in a machine, and pre- sented him with the keys of the city, all made of massy silver, and very artifi- cially wrought, an excellent concert of music, all the while accompanying the action. When he came down the High Street, as far as the tolbooth. Peace,

38

HISTORY OF SCOTLAND.

BOOK the whole procession, which lasted more than an hour. The _ parliament afterward met, but nothing of importance was

1580. transacted. The sudden elevation of Lennox, a foreigner and a papist, and the influence which he possessed over the king, soon began to create alarm. It was industriously circulat- ed by Morton and his friends, that he had been sent over from France, to corrupt the young king, and pervert his re- ligion ; and the clergy, who readily gave ear to any surmise, when they believed the protestant religion in danger, at first seconded the efforts of Morton in spreading the rumour ; but when they perceived that it was only to serve a political pur- pose, they became cooler in the cause, though they did not cease to lament in their sermons, the countenance given to papists at court ; and the dangers to which both the king and country were exposed, through the secret machinations of the French.* The king, in order to stop entirely these complaints, sent for the ministers, and after informing them of the great pains he had himself taken with his cousin, in order to convert him from the errors of popery, and of his willingness to re- ceive farther instruction, desired that one of their number might be appointed to wait upon, and converse with him ; on which, Mr. David Lindsay, of Leith, was with his ap- probation, nominated for this duty, and Lennox profited so much under his care, that in a very few weeks, either con- vinced by the force of his arguments, or induced by motives of policy, he publicly renounced popery in the church of St. Giles, and joined the church of Scotland, by signing her confession of faith. This, although it removed the ground

nounces popery.

Plenty, and Justice, met him, and harangued him in Latin, Greek, and Scot. tish ; opposite to the great church stood Religion, who addressed him in the Hebrew tongue, upon which he was pleased to enter the church, where Mr. Lawson made a learned discourse in behalf of the Reformed. When his ma- jesty came out, Bacchus sat mounted on a gilded hogshead, distributing wine in large bumpers, the trumpets all the while sounding, and the people crying, God save the king. At the east gate was erected his majesty's nativity, and above that, the genealogies of all the Scottish kings, from Fergus I. All the windows were hung with pictures, and rich tapestry, the streets strewed with flowers, and the cannon firing all the while from the castle, till his majesty reached the palace of Holyroodhouse." Crawford's Memoirs, pp. 356, 357. • Crawford, p. 358. Spotswood, p. 308. Robertson, Book vi.

JAMES VI. 39

of attack against the favourite, did not remove the jealousy BOOK of the people ; which was still further increased by the in- *• terception of some dispensations sent from Rome, by which gn the papists were permitted to promise, swear, or subscribe, whatever they were desired, provided they privately ad- vanced the interests of the Romish church.

XLI. This discovery was the immediate occasion of that National memorable transaction, the swearing of THE NATIONAL co- covenant

sworn to. VENANT. It was drawn up by John Craig, and consisted of

an abjuration, in the most solemn and explicit terms, of the various articles of the popish system; and an engagement to adhere to, and defend the doctrine and discipline of the Reformed church in Scotland. As the stability of the pro- testant religion depended " upon the safety and good be- haviour of the king's majesty, as upon a comfortable instru- ment of God's mercy granted to this country," the covenant- ers promised, " under the same oath, handwrit, and pains, that we shall defend his person and authority, with our goods, bodies, and lives, in the defence of Christ's evangel, liberties of our country, ministration of justice, and punish- ment of iniquity, against all enemies within this realm, or without." This bond was sworn by the king and his house- hold, and afterward, in consequence of an order of the privy council, and an act of the general assembly, by all ranks of persons throughout the kingdom ; the ministers having zealously promoted the subscription of it in their respective parishes.*

XLII. The rumours which Morton had circulated against ,. Lennox provoked retaliation. A report was raised that he able reports held a secret correspondence with Elizabeth, the object ° which was to seize the king's person, and send him into Eng- land. As soon as this reached Morton's ears, suspecting the quarter whence it had originated, he complained to the council, and demanded a trial ; but they, conscious of the difficulty of proving the allegation, unanimously expressed their disbelief of the story, and a proclamation was issued against the propagators of tales, tending to create discord between his majesty and any of his nobles. Yet as if there

• Calderwood, p. 96, 97. Spotswood, p. 309. Cook's Hist. Ch. of Scot, vol. i. p. 311.

40

HISTORY OF SCOTLAND.

BOOK had been some grounds for suspicion, the office of high *• chamberlain, which had long lain dormant, was revived, and 1580 bestowed upon Lennox, Alexander Erskine, captain of Ed- inburgh castle, and Morton's bitterest enemy, being nomi- nated his deputy ; and a guard of twenty-four young noble- men, under their command, appointed to wait constantly upon the king.

XLIII. Morton, fully aware of the insinuations intended to

be conveyed by these precautions, meditated a retreat from

court, which, unfortunately for himself, was prevented by a

quarrel between lord Ruthven and the master of Oliphant.

Elizabeth He then, as a last resource, applied to Elizabeth, who, fully

nterposes. sensible of his devotion to her interest, instructed sir Robert Bowes, her ambassador, to accuse Lennox of practices against the peace of the two kingdoms. The council, affect- ing to doubt his powers, desired Bowes to produce his com- mission ; but this he refused to do to any person except the king himself; on which, being denied an audience, he retired in disgust. The court, somewhat surprised at his abrupt departure, sent sir Alexander Home to England, to expos- tulate with Elizabeth on the subject; but Elizabeth, who considered herself affronted in the person of her ambassador, would not admit him into her presence, but commanded him to deliver his dispatches to her treasurer, Burleigh. At the interview which followed with this minister, Burleigh, after apologizing for his being refused admittance to the queen, — which he assured him proceeded from no individual dislike, as she had the highest respect for his personal character — informed him that her majesty was highly displeased at the unprecedented manner in which her ambassador had been treated, by having his commission doubted, and being re- quired to show his instructions. She did not, however, at- tribute this to the king, whose youth and inexperience pleaded his excuse, but to the evil counsellors by whom he was surrounded. The treasurer then recapitulated all the services which his royal mistress had rendered the Scottish monarch, in preserving the crown upon his head, and defeat- ing his enemies ; and recommended Home to advise him to consult his true interest, by listening more respectfully to the advice of the English queen, who had ever shown him a

JAMES VI. 41

motherly affection, and not suffer himself to be influenced by BOOK his French cousin, a subject of the French king, married to a French woman, and in heart a papist ; whose object it was to head a faction, and now that the Hamiltons were banish- ed, to procure himself to be declared next heir to the crown. Home endeavoured to reply, and after extolling James's wis- dom as far above his years, was proceeding to protest the sincerity of his affection towards Elizabeth, and his strong desire to remain upon amicable terms with England, — of which he was confident he could convince the queen, provid- ed he could obtain an interview — when Burleigh interrupted him ; and told him he knew there were more dangerous plots in progress than the king was aware of; and sarcas- tically remarked, that it was no great proof of his majesty's superior wisdom, to put such unlimited confidence in any one person. In conclusion, he told him, that it was in vain to think of being admitted to the queen, for she was determin- ed not to see him. Upon his return home, the Scottish envoy reported to the council, his uncourteous reception in England, and the unpleasant conference he had had with the treasurer; all which was attributed to the earl of Morton, and the correspondence he carried on with the English court.

XLIV. The two favourites, who had long plotted the de- His ruin struction of Morton, eagerly seized the opportunity wholly determined to alienate the king's mind from his minister, whom he had never loved ; for that nobleman, ignorant of, or despising the grand art of a courtier, had neglected to flatter, and acted rather like the tutor than the servant of his prince. But still they had no plausible pretext for re- moving him from the king's council, or getting rid of a per- son they so much hated and feared ; there was no direct evidence of his intrigues with Elizabeth, and he had receiv- ed an ample pardon for all the transactions of his regency. The murder of the king's father was the only crime which could not be enumerated in a deed of grace by the son ; and it had been reported at the time, that Morton was privy, or accessory to the deed. Here he was still exposed, and on this side it was determined to attack him. Captain Stuart, who never hesitated about any means that tended to promote

VOL. III. G

42 HISTORY OF SCOTLAND,

BOOK his ambitious projects, undertook to prefer the accusation ; I- and entering one day the council-chamber, when the coun- 1580. cil was assembled, fell on his knees, and addressed the king. Accused of « Urged, — he said, — by a sense of duty, he had come thither cessory to to exhibit a treason which had been too long concealed ; but the late tne safety of njs majesty's person required that one who had murJer. conspired against his father, should not be permitted to re- tain a seat in that council ; the earl of Morton had been guilty of this foul crime, and if he were committed for trial, he — Stuart — pledged himself to substantiate the charge." Morton, who was present, replied with a disdainful smile, " that he knew not by whose instigation he was accused ; nor could he conceive on what grounds he was charged with a crime, he had so rigorously punished in all who were sus- pected ; none of whom, even when suffering, had ever in the most distant manner, implicated his name. He might, — he added, — decline a trial in many ways ; but secure in his in- nocence, he dreaded no investigation before any tribunal, which could only turn out to the confusion of his enemies, whose malice it would expose." Stuart, — still on his knees, — averred that he was instigated by nothing but anxiety for his majesty's safety and honour ; and demanded of Morton how it happened that when he punished all suspected of the murder with severity, he had preferred his cousin, Mr. Ar- chibald Douglas, to a seat in the college of justice, a man Committed we^ known to have been an accomplice ? Morton was about for trial, to answer, when the king commanded both to be removed ; and the council, after a short deliberation, ordered Morton to be committed. He was confined first to a chamber in the palace for two days, and on the third, conveyed to the cas- tle, of which Alexander Erskine was the governor. Soon after, to make the measure of his indignity complete, he was sent to Dunbarton, and committed to the charge of his ene- my, Lennox, who had the command of that fortress. An attempt was at the same time made to apprehend Archibald Douglas, but he being informed of the imprisonment of the earl, fled into England.

XLV. The friends of Morton, who, in his fall, anticipated danger to themselves, had urged him to make his escape while it was in his power ; but he declared, « that he would

JAMES VI. 43

rather die ten thousand deaths, than betray his innocency in BOOK declining trial." Elizabeth, immediately on hearing of his imprisonment, despatched Randolph to intercede with the 1.580. king for his liberation. He urged it as a personal favour to ^g^'jf1 the queen ; but the power of Morton's enemies was too strong, Randolph and the king too highly prepossessed against the earl, to ad- to Scotland- mit of any effectual interposition. To all his solicitations, James answered, that he fully appreciated the kindnesses he had received from his sister, the queen of England ; but the case of his father's murderers, was one which touched him so nearly, that he hoped her majesty would excuse him, if he declined her interference ; although it would render him more anxious that the accused should have a fair trial, and every facility granted him to make his defence. Repulsed in this application, Randolph next turned to the estates, which met at that time. He there accused the earl of Lennox, as a person who attempted to alienate the king's mind from friendship with England ; and had, since his arrival in Scot- land, been the author of many mischievous counsels. Through his interference, the most faithful servants of the crown had been removed, and others, ill qualified for the si- tuations, appointed in their room ; who endeavoured to ir- ritate his majesty against the ministers of the gospel, by re- presenting them as seditious, and as disaffected to his per- son ; who encouraged the licentiousness of the borderers, and had even invited foreign princes to invade England, as he could evidently show by their own intercepted corres- pondence, in the possession of his queen.

XLVI. This effort being equally fruitless, the ambassador, as a last resource, endeavoured in private, to excite the friends of Morton, and all who hated or envied Lennox, to take arms, and effect by force the liberation of the one, and the expulsion of the other ; at the same time promising a body of troops to aid them, if necessary. But all Elizabeth's H;g eg-ort, intercessions and threatenings, rather accelerated than re- '" favour tarded the fate of the unfortunate earl. His friends were ei- ther banished, or confined in remote counties ; and his bro- ther, the earl of Angus, because he failed to go into ward, and his own two natural sons, for not answering a summons to appear before the council, were proclaimed rebels ; troops

44 HISTORY OF SCOTLAND.

BOOK were levied, and the nation put in a state of defence, against

any sudden attack on the borders.

15go XLVII. The English ambassador finding all his efforts to raise a sedition thus frustrated, and fearing lest his own safe- ty might be endangered, departed privately in the night for Berwick. He was immediately followed by sir John Seton, who had orders to complain of his conduct, and to remon- strate against the marching of troops to the Scottish bor-

He departs, ders ; but the Scottish envoy was not allowed to proceed far- ther than Berwick, and every thing wore a warlike appear- ance between the two nations. When however, all pros- pect of co-operation on the part of the Scottish nobles was hopeless, Elizabeth, whose aim was to terrify the king into her measures, or to kindle once more the flames of civil discord in the distracted nation ; as she found she could not accom- plish either of these objects, ordered her troops to retire. But the demonstration made on the English borders, was entirely ruinous to Morton ; for it enabled his enemies to raise and maintain a large armed force, by which they coun- teracted a scheme his friends had laid for his rescue, and which but for this must have succeeded.

XLVIII. Previously to the trial of the ex-regent, the estate and title of the earl of Arran, which he had so iniquitously

Stuart ere- procured to be forfeited, was bestowed upon his accuser, caPtam ^ames Stuart ; who, about the same time, received a commission to proceed along with the earl of Montrose to Dunbarton, and conduct the prisoner to Edinburgh. When the commission was first shown, Morton, struck with the ti- tle of James, earl of Arran, eagerly inquired who he was, for he had not heard of Stuart's exaltation ; when told, after a short pause, he replied, " Is it so ? — then I know what I

-Morton's m&y look for." He was brought to Edinburgh, under an escort of one thousand men, 29th May 1581, and on the 21st June, was brought to trial. The indictment charged him with high treason, in conspiring against the king, and concealing the murder ; and in being actor, or art and part, as the Scottish law terms it, in the crime. The jury was composed of his avowed enemies ; and although he chal- lenged the earl of Argyle, and lord Seton, as being preju- diced against him, yet his objections were over-ruled, and

JAMES VI. 45

they were admitted to sit on his assize. What was the na- BOOK ture of the proof adduced, has not been related by our his- *• torians, and the records of the court of justiciary respecting 1531. it, have been destroyed or lost. His peers, however, brought him in guilty of concealing, and being guilty art or part in the king's murder. He had anticipated a sentence of con- demnation from the moment he saw the complexion of his jury, and the partial manner in which they were impannel- led; for he afterward said he was convinced that it was the same thing, whether he had been as innocent as saint Ste- phen, or as guilty as Judas ; his blood was sought, and he must have gone. But when the verdict was returned, charg- ing him with being art and part guilty of the murder, he ap- peared considerably agitated ; and striking the ground re- peatedly with a small walking-stick, he exclaimed twice, " Art and part ! God knows it is not so !" He heard, how- gentence ever, the savage sentence, which our law denounces against a traitor, and which still disgraces our statute book, pro- nounced, without apparent emotion. As the trial had lasted the greater part of the day, and night was drawing on, he was remanded back to his place of confinement; and upon his subsequent confession, the revolting part of the punish- ment was remitted by the king, and he was ordered to suffer death next day, by beheading.

XLIX. In that solemn interval, when the agitation and an- xieties of suspense had given place to the awful certainty of his doom, he felt, he said, a serenity of mind to which he had long been a stranger. Resigning himself to his fate, he supped cheerfully, and slept calmly for a consider- able part of the night. Early next morning he was visit- 1 ed by several of the ministers of the city, and an interest- I ing account of the conference, which John Durie and Wal- 1 ter Balcalquhan had with him, has been preserved.* Re- specting the crime for which he was condemned, he con- fessed that, after his return from England, whither he had been banished for " Davie's slaughter," he met Bothwell at

* ' The sowme of all that conference that was betwixt the erll of Mortoun

i and John Durie, and Mr. Walter Balcolquhen, and the chief thingis which they

1 hard of him, whairof they can remember the day that the said erll sufferit,

I which was the 2d of June, 1381'. — Printed at the end of Bannatyne's Journal,

Edinb. 1806.

46 HISTORY OF SCOTLAND.

HOOK. Whittingham, who there informed him of the conspiracy 1- against the king, and solicited him to become an accomplice, I581. as the queen anxiously wished his death. He at first expli- citly refused to have any connexion with the business ; but after repeated conferences, both with Bothwell and Archi- bald Douglas, who was with him, and on their always urg- ing the queen's pleasure, he required a warrant, under her own hand, authorizing the deed, before he would give any decisive answer; which, never having received, he never would consent to have any concern in the transaction. He acknowledged, too, that after the murder was committed, he Conference was informed of it by Archibald Hamilton, one of the assas- withthe sins, with whom he continued to associate, without revealing what he knew. On being reminded that his own confessions sufficiently justified his sentence, he answered, that he knew according to the strict letter of the law, he was liable to pun- ishment ; but it ought to have been considered, that it was impossible for him to have revealed it; for to whom could he have done so ? To the queen ? she was the author of the plot ; To the king's father ? he was sic a bairn, [such a child,] that there was nothing told him but he would revea it to her again ; and the two most powerful noblemen of the kingdom, Bothwell and Huntly, were the perpetrators. " J foreknew, indeed, and concealed it," added he, " but it was because I durst not reveal it to any creature for my life ;" but as to being art and part in the commission of the crime, he called God to witness, he was entirely innocent.*

L. The peculiar circumstances in which he was placed, ii they do not exculpate, go far to extenuate the guilt of Mor- ton. The motives for concealment were undoubtedly strong, but the severity with which he prosecuted others, not more guilty than himself, tends greatly to lessen the force of their application in his favour. He solemnly denied having any

* Then being enquyrit in the name of the living God, that seeing this raur- ther of the king was one of the most filthie acts that ever was done in Scot- land, and that the secreitis thereof as yit had not bene declared, neather yit wha was the chief deid doars, whidder he was wirriet or blawin in the aire, and therefore to declare gif he knew any farder secreit thereinto; he answerit, as 1 sail answer to God, I knew na mair secreit in that matter, &c — Confession, p. 498.

JAMES VI. 47

hand in the death of the earl of Athol, or that he would, BOOK on any account, have been accessory to the administration of '• poison. He also disowned, in the most explicit manner, his ever having entertained any idea of carrying the king out of Scotland, unless it had been to have had him crowned king of England ; adding, almost in the very words of the fallen Wolsey, " I will say more ; if I had been as careful to serve my God, and walk in his fear, as I was to see the king's weal, I had not been brought to the point I am this day."

LI. In his behaviour toward the church, he acknowledged that there were some things he would not defend; but he had acted always according to the best of his judgment in the then state of the times. In other parts of his conduct, he confessed he was to blame, and had resolved, if his life had been spared, to have made reparation. When exhort- Confession. ed to confess his sins before God, and to own that his deal- ing with him was right, however unworthily he might have been treated by man; he replied, I acknowledge, indeed, that God has always done justly to me, and not only justly, but mercifully also ; I acknowledge myself one of the great- est of sinners, and that I have been too deeply immersed in the pleasures of sense, and schemes of ambition, all which he might justly lay to my charge ; and therefore I beseech God to be merciful to me. He then expressed a sense of the mercy he had already received, in having time and space given him to repent, and a willingness rather now to die than to live. The ministers continued long in earnest conversa- tion, and at his request remained to breakfast, which he himself partook of, and conversed with them during the meal with great composure. He then retired to his chamber a lit* after which, the ministers returned, and were with hii he ended his varied career of ambition. About two o'clc .... in the afternoon he dined with the clergymen who at- i tended him, and soon after the keepers informed him that it was time to proceed to the scaffold. He replied, They have troubled me so much with worldly concerns this day — allud- ing to a number of interruptions he had received in the course of his religious exercises — that I thought they might have given me this one night's leisure to have communed with my God. The jailor answered, All things are ready

48 HISTORY OF SCOTLAND.

BOOK now my lord, and I think they will not stay. I praise my

God, said he, I am ready also.

158]. LI i. On passing to the place of execution, Arran, with a callousness of heart more than usual on such an occasion, stopped him, and brought him back to his chamber; requir- ing him to wait till his confession should be put down in writing, and attest it by his signature. Trouble me no more, my lord, said Morton, with these things, I have now a more important concern to think of — to prepare to meet my God. I am not in a state to write, but these honest men can testify to what I have spoken. The hypocritical minion then beg- ged to be reconciled with him, for he had done nothing against him from private enmity. This is no time to remem- ber quarrels, answered the unfortunate nobleman, I forgive you, and all others, as I wish all to forgive me. He then proceeded to the scaffold, with a steady step, and after pro- fessing his adherence to the protestant faith, and again join- ing in some devotional exercises, he laid his head on the block, his hands being unbound ; and while in the act of re- E . peating Lord Jesus receive my soul, received the fatal stroke. His head was fixed on the tolbooth of Edinburgh, where it was suffered to remain for upwards of a year as a public spectacle ; and his body, covered with a beggarly cloak, was exposed till after sunset on the scaffold, when it was carried to the common burial place of criminals by some of the low- est of the people, unattended and unlamented ; none of his friends daring to show any marks of gratitude or affection to their chief, and none of his enemies having the generosi- I ty to pay a decent respect to the remains of a man, who, for so long, had held the first office in the government of his country.*

LIU. In person, the earl of Morton was somewhc

* The following order appears in the records of the city of Edinburgh, 1582, REX. Prouest and baillies of our burgh of Edinburgh, we greit zow weill It is our will, and we command zow that, incontinent after the sicht hereof, ze tak down the heid of James, sum tyme erll of Mortoun, of the pairt quhair it is now placeit vpon zour awld tolbuith, swa that the sam heid may be buriet I For the whilk, this our letter sail be to zow sufficient warrand, subscryit with | our hand at Halyrudhous, the audit day of December, and of our reign the sext I zeir, 1582. So that Morton's head must have been exhibited eighteen months, a barbarous and a disgusting spectacle.

"by George B. Shaw:

K!\\U, OK MOKTCTN AND KKGKNT OF SCOTLAND. PROKTHE ORIGINAL Iff THE COLLECTION OF THJ? EARL OF

BIACKTE & SOK, GLASGOW, EMNBUKGH&LONDOH.

JAMES VI. 49

the middle stature, but handsome, and had a prepossessing BOOK countenance. He inherited the courage and the ambition of a Douglas. Possessed of a vigorous understanding, he 1531 was prompt in action, and decisive in his measures. Amid Character, the turbulence of the times in which he lived, and the wreck of principle, which is the never-failing consequence of an- archy, he evidently adopted the side of the Reformation, ra- ther as a stalking-horse to office, than upon any sincere con- viction of its truth ; for the licentiousness of his private life ill accorded with his public professions. When he attained power, he strenuously exerted himself to restore order, on purpose to establish himself in the high rank he had reach- ed ; but an insatiable covetousness led him to violate every form of justice; and the extortion to which it gave rise, both in church and state, by spreading universal distrust and dis- content, enabled the aspiring favourites easily, and almost without a struggle, to accomplish his ruin.

LIV. The revolutions which had taken place in the govern- ment, were accompanied by others more silent, but not less important in the church. During the scramble among the statesmen for civil power, the ministers proceeded in their la- bours for completing her polity, and entirely remodelling her constitution. The bishops were first, ordered to be disrobed of Epicopacy their lordly titles, and addressed in the same style as other mi- a nisters ; then ordered to submit as common members to the jurisdiction of the church courts, till at last, in July, 1580, the general assembly, which met at Dundee, " unanimously de- clared the office of bishop, as then used and commonly un- derstood, to be destitute of warrant from the word of God, and a human invention, tending to the great injury of the church; ordained the bishops to demit their pretended of- fice, simpliciter, and to receive admission, de novo, under pain of excommunication, after due admonition." The king's commissioner, who was present in the assembly, made no opposition.

LV. The book of polity, which had been, during this time, Book of po. maturing, was, after much labour and anxious deliberation, lty' completed, and laid before the general assembly. In April, 1578, at their meeting, held in the Magdalene chapel of Edinburgh, it received the sanction of that body ; was re-

VOL, III. H

50

HISTORY OF SCOTLAND.

1581.

BOOK garded as her authorized form of government, and has al- !• ways been allowed to contain the purest standard of what came afterward to be more generally known by the denomi- nation of presbyterian. It begins by defining the nature of a church of God, and distinguishing between the ecclesias- tical and civil power ; the first flows immediately from God, and is spiritual, not having any temporal head on earth, but Jesus Christ alone, who is also the only spiritual king and governor of his church ; the other relates to the ordering of the state, and the peace and well-being of society ; and the exercise of both these jurisdictions, cannot consistently cen- tre in the same person. The ministers are subject to the magistrates in external things, and the magistrates owe obedience to the discipline of the kirk in matters of con- science and religion. It is proper for kings, princes, and magistrates, to be called lords over those whom they govern civilly ; but it is proper to Christ alone to be called lord and master in the spiritual government of his church ; and they who bear rule in it, may not usurp dominion, or lord it over the flock. The office-bearers are divided into ministers, who preach and dispense the ordinances ; doctors, who expound the scriptures, and instruct the youth in schools, universities, and colleges ; elders, who assist the minister in visiting the sick, examining those who come to the Lord's table, and hold assemblies with the pastors and doctors, for establishing good order and execution of discipline ; and deacons, to dis- tribute alms, and watch over the temporal interests of the church. The name bishop is declared to be of the same import as minister or pastor, and to imply no superior dig- nity. All the office-bearers are to be admitted by election and ordination, and none intruded into any office contrary to the will of the congregation to which they are appointed ; nor are the pastors to be appointed to the charge of more than one flock. The ecclesiastical assemblies are, those of the office-bearers of one congregation, who manage its ge- neral concerns, now known by the name of — the kirk ses- sion ; those of a number of neighbouring congregations — the eldership or presbytery, [whence the Scottish church has received its appellation] who inspect a number of adjoining congregations, in every thing relating to religion and man-

Office- bearers.

Church courts.

JAMES VI. 51

ners, and has the power of ordaining and deposing ministers BOOK within its bounds ; the provincial synod, as its name express- *• es, consisting of all the presbyteries within its bounds, and tak- ing cognizance of their proceedings ; the general assembly, or general eldership of the whole churches in the realm, con- sisting of such number of ecclesiastical persons, ministers, and elders, as shall be thought good by the same assembly ; which acts as a court of appeal and review in all cases which come before the inferior courts, and treats of every thing connected with the welfare of the national church. The

patrimony of the church includes all donations from kings, plication. princes, or those of inferior station, together with all lega- cies, endowments, buildings, annual rents, &c. which it is declared sacrilege either to alienate or convert, by unlawful means, to other than ecclesiastical purposes ; and these are — the support of the ministers ; of the elders and deacons as far as necessary ; the relief of the poor, the sick, and the stranger ; and the keeping in a proper state of repair the places of worship. Under the general denomination of clergy, are comprehended schoolmasters and teachers ; for whose in- crease and encouragement the first assemblies of the church of Scotland always showed the most laudable anxiety.

LVI. To the order which should be adopted, a long list of abuses to be reformed is subjoined. Fully aware of the mighty and imposing influence of titles with the multitude, they enumerate among these abuses, the retaining of all such as marked the dignities and secularities of the Romish cler- Abuses to gy, — abbots, priors, deans, archdeacons, and a long list of be reform- offices unknown until the darkest and most debased ages of Christianity ; they stigmatize the unchristian association, in one person, of temporal peer and bishop of souls ; and the still more baneful and unseemly exercise of criminal jus- tice and the pastoral office, by the same individual ; the plu- rality of livings is condemned, and patronages and presen- tations to benefices, whether by the prince or by any infe- rior person, which lead to intrusion, and are inconsistent with lawful election, and the assent of the people ever whom the person is placed, are pronounced contrary to the practice of the apostolical and primitive kirk, and good order. Such is a very concise sketch of that form of ecclesiastical polity

52 HISTORY OF SCOTLAND.

BOOK to which our ancestors were so much attached ; and in sup- port of which, some of the best blood of the country was 1581. shed.

LVII. Probably the most acute intellect would find it dif- ficult to trace in the New Testament any precise model of church government. Perverse ingenuity has too frequently converted into a subject of strife, what the Divine Lawgiver left as a matter of forbearance ;* but there is a broad marked line of boundary, to distinguish between a true and a false method of worship ; and it requires no great penetration to discover that lordly titles, and princely revenues, are diame- trically opposite both to the spirit and letter of the Chris- tian religion ; a conviction which must have come with double efficience to those who had suffered under that worst of ty- rannies— the junction of the ecclesiastical and civil power. The Scottish Reformers, and all their successors, who had participated in their wrongs, and inherited their spirit, natu-

" It has been invidiously, but unfortunately in some cases justly remarked, that polemics do not usually combat with the same calmness as philosophers ; that in their disputes they bring all their passions into play. The reason is obvious, polemics contend for their interests in time, and their stake in eter- nity ; philosophers dispute about abstract principles, which have little infla^ ence on the present, and no certain reference to a future state of existence. In questions of such magnitude, there is to the theologian nothing trifling, his rule of obedience and belief is imperative ; there is no great or small trans- gression. The wearing of a vestment consecrated to a false mode of worship, is to him as serious an infringement of the divine command, as is eating meat offered to idols. Thus the primitive fathers of the Scottish church considered the subject, and this was the doctrine which they enforced upon their hearers for they had not learned politely, or, as lukewarmness is now styled, chari tably, to concede to that system of fraud and idolatry — the Papal superstition — the name of Christianity. They knew no difference between bending the knee to an image of an apostle Paul, or to one of the god Mercurius ; no could they distinguish between the profanity of offering prayer to a Sain Apollos, or to a Heathen Jupiter. And it was owing to this principle, whicl must never be lost sight of in reading Scottish history during the reign of the Stuarts, that we are to attribute the inflexible firmness with which our fore fathers resisted the use of copes, and gowns, and sashes, and surplices, the " rags of Rome," — as they styled them — and the introduction of a liturgy, or in the language of king James, the ill framed mass book ; and the abhorrence with which they viewed a hierarchy, which acknowledging a temporal head, bore, in their opinion, too near a resemblance to the system of iniquity be- neath which they had groaned, and which it had cost them so much to over turn.

JAMES VI. 53

rally felt a strong repugnance to any assimilation — by a con- BOOK secrated uniform, or an adaptation of the mass book — which I- might, in the most distant degree, betoken an affinity with the |581t degrading superstition, and idolatrous inthralment they had just broken ; and in their polity, carefully avoided every title, vesture, usage, or form, which in other cases might perhaps have been innocent or unimportant, but in their circum- stances, could neither be deemed harmless nor safe.

LVIII. When the book of polity was presented to the king, Book of upon his assumption of the government, as both parties were Polit7 Pr«- then courting the favour of the church, his counsellors advis- to the ed him to return a gracious answer ; promising to concur kmg' with them in all things that might advance religion. At next parliament, however, its ratification was evaded; and when Morton regained full power, the assembly were de- sired to use their utmost endeavours to promote peace and obedience during the king's minority ; but refer the full dis- cussion of the polity till the next meeting of parliament, at which the king himself was to preside in person. Then Its m_ however, the legal ratification of the order of the kirk was tification still evaded ; but the previous acts for securing the liberty of ev the true church were confirmed,* and others agreeable to the ministers, enacted ; — to enforce the strict observance of the Sabbath ; to oblige all respectable persons to have a Bible and Psalm Book in their houses ; and to prevent the alien- ation of youth from the established religion by a foreign edu- cation.

LIX. The day following Morton's execution, Arran re- . ported to the king in council, what had been his own con- conduct to duct with respect to tne trial ; and acknowledging that he had not only tampered with Morton's servants, but even pro- ceeded to inflict torture on some of them, to obtain evidence against their master, prayed the approbation of his majesty and council for these proceedings ; for which he was afraid,

* The true church is thus defined : " The ministers of the blessed evangel of Jesus Christ, whom God of his mercy has now raised up amongst us, or hereafter shall raise, agreeing with them that now live in doctrine and adminis- tration of sacraments, and the people that prefer Christ as he is now offered, and communicate with the holy sacraments according to the Confession of Faith, be the true and holy kirk of Jesus Christ within this realm." — Act 1st Parl. James VI. cap. 6. ratified 7th Parl. cap. 1.

BOOK I

1581.

Lennox created a duke.

His dis-

Arran.

54

HISTORY OF SCOTLAND.

he might afterward have been called to an account. This he easily obtained, and what ought to have been stamped with infamy, was acknowledged as good service to the state, by an express act of council. As if willing, however, to draw off attention from the atrocity of his public conduct, by the in- famy of his private life, he nearly about this time, married the lady of the earl of March, whom he had debauched, while supported by the earl, and entertained at his table — before he could boast of a table of his own — and who had previous- ly divorced her husband, for a reason which female delicacy would blush to name.* His union with this woman, whose ambition was as insatiable as his own, had nearly occasioned his ruin.

LX. In the month of August, the earl of Lennox was cre- ated duke, and on the same occasion, Arran was solemnly confirmed in his title of earl, which he had only worn by courtesy before. Imagining that he was now completely se- cure of the king's affection, he began to feel the pangs of ri- valry ; and envying the precedence which he perceived Len- nox enjoy, seized every occasion to affront him. This na- turally occasioned retaliation ; but their mutual resentments were kept within bounds till the meeting of parliament, when a point of etiquette occasioned an open rupture. The cham- berlain claimed, as his privilege, to arrange the introductions to the king, which Arran insisted belonged to his office, as captain of the guard. The duke, in consequence, withdrew from attending parliament, which so irritated the king, that next day he proceeded to Dalkeith, and took Lennox along with him, forbidding Arran to approach the court.f Such trifling, more like the quarrels of children than the rivalry of men, it would be beneath the dignity of history to record ; did we not still see, that at courts, such, even yet, are the mighty struggles of the great ; and that on intrigues equal- ly despicable, among the favourites of monarchs, the fate of the most powerful nations too frequently depends. While

* Archbishop Spotswood describes her as a woman, " intolerable in all the imperfections incident to that sex," and another writer thus, " maistresse of all bawdrie and villanie then lady Marche, infected the air in his H. audience." MSS. Bibl. Jurid. quoted by Dr. M'Crie, in the Life of Melville.

f SpotBwood, p. 315.

JAMES VI. 55

the dispute lasted, Arran and his lady, with impudent, match- BOOK less hypocrisy, went regularly and devoutly to sermon and to prayers ; pretending that religion alone was the cause of 1591 their difference with the court, and that they were disliked merely on account of their attachment to the protestant faith. But knowing that this was a farce which could not last long, Arran employed the mediation of friends, made the most humble submissions to the duke, to whom he resigned the js recon- office of commander of the guard, and was again received in- ciledi to favour.*

LXI. The nobility, who had rejoiced at the rupture be- tween the two favourites, and had hoped to regain their pro- per influence in the councils of their sovereign, were highly disappointed at their union; and James, who devoted his time chiefly to amusement, again resigned himself entirely to their guidance. The chief object of the minions appears to They cor. have been to engross the affections of the king entirely to rVP* the themselves, by corrupting his principles, and debauching his morals ; and in this they were ably assisted by Monber- neau, a French gentleman, who had accompanied Lennox to Scotland ; whose vivacity, wit, and pleasing exterior accom- plishments, were only equalled by his licentiousness. The whole of James' court was even thus early, composed of per- sons who were regardless of appearances ; who set the most common decencies of life at defiance, and whose conversa- tion consisted chiefly of ribaldry and obscene buffoonery, when not more mischievously employed. Amid such com- pany, the better lessons of his youth were soon forgotten ; and ever after through life, his language bore strong marks of the taints he then received. In this school he learned those despotic doctrines, so alien to the instructions of his former tutors, which embroiled the whole of his future reign,

* Vide character of lady Arran, Note, p. 54. Lennox, although more pol- ished, appears to have been a worthy associate. In the MSS. quoted above, it is said, " The duke, in his own person fretted, and was enraged that he could not be avenged on the ministers, who would not beare with his hypocri- 1 sie, and adulterouse life, wherewith the land was polluted. He intended to I put hand on John Durie, at Dalkeith. In a French passion he rent his beard, I and thinking to strike the borde, strake himself in the theigh, crying, the devil for John Durie, which Monbrineo learned for the first lessoun in the Scottish language." MS. referred to before.

56 HISTORY OF SCOTLAND.

BOOK and finally proved the ruin of his race. His best friends, *• and those who had placed the crown on his head, were thus 1581. driven from him ; while they who had been his bitterest ene- mies, were rewarded and honoured. Irregularities of every kind were the consequence. The project for associating queen Mary in the government with her son, was revived, and strongly promoted by Lennox ; who contended that this was the only way to legitimize his right to the throne, in the Misgovern eyes of foreign powers ; a close correspondence was set on the State. fQQ^ Detween the king and his mother, and considerable pro- gress even made in the treaty. Courts of justice were held in almost every county, the proprietors of land were called before them, and upon the slightest neglect of any of the nu- merous forms which are peculiar to feudal holdings, they were fined with unusual and intolerable rigour. The lord chamberlain revived the obsolete jurisdiction of his office over the boroughs, and they were subjected to exactions no less grievous. Justice throughout the country was held venal, and the lives of the lower ranks not unfrequently sported with, by the avarice or caprice of an abandoned wo- man.*

LXII. The freedom of the pulpit was at that time to the country, what the freedom of the press is now ; and of ne- Attack the cessity, was obnoxious to all who wished to trample on the church. rights or liberties of the people. It was therefore an object with Lennox and Arran, to silence these tribunes, whence their delinquencies had been so often denounced, and their despotic measures so freely attacked. To accomplish this, no method seemed so effectual, as to reduce the church un- der the civil power, by obtaining the whole influence and patronage, to which they were still farther stimulated by their avarice. The form and constitution of the presbyterian church, as detailed above, is essentially opposed to any overpowering interference on the part of the civil power; and therefore, in opposition, episcopacy has in Scotland

* By justice courts, the poor of the countrie, without difference of the guil- tie from the innocent, were sold, and ransomed at hundredth pounds the score. That monster of nature, the countess of Arran, controlled — the judges — at her pleasure, and caused sindrie to be hanged, that wanted their compositions, say« ing, what had they been doing all their days, that had not so much as five punds, to buy them from the gallows ? MSS. Bibl. Jurid. referred to before

JAMES VI. 57

been always the cherished religion of those rulers, who have BOOK wished to govern despotically ; and in general, .it has been more from its ready subservience for this purpose, than from 1581 any pious attachment to its principles, that the different so- vereigns have attempted to force it upon the people. For these reasons, Lennox and Arran now made an attempt to revive it. The regulations made at Leith, recognising it in a modified form, and abrogated by the general assembly,* were now restored by act of the privy council ; and the see of Glasgow being then vacant, the disposal was given to the duke of Lennox, who offered it to several ministers, upon condition that they would assign the revenues to him, after deducting a moderate stipend. All having refused ; at length Appoint Mr. Robert Montgomery, minister of Stirling, consented to MontS°- accept the archbishopric ; and the price of this "vile bar- bishop of— gain," as Spotswood terms it, was fixed at an annual income Glasgow. of one thousand pounds Scots, with some horse corn, and poultry.

LXIII. This simonaical transaction brought the church and the court into immediate contact ; but while the assembly were deliberating, they received a message from the king, disallowing their interference on any other points than such as respected life or doctrine ; on which, Melville exhibited various charges against Montgomery, and the assembly re- Proceed-

mitted the process to the presbytery of Stirling, who were to mgs lncon'

i • -T* sequence,

report to the synod of Lothian. r or entering on the cause

when reported, the synod were summoned before the privy council. They obeyed the summons, but declined the judg- ment of that court, as incompetent, according to the laws of the country, to take cognizance in a matter purely ecclesias- tical. In the next assembly, where the case was resumed, a letter was presented from the king, commanding them, on pain of rebellion, to desist from the process ; but they, after a respectful reply to his majesty, continued their proceedings, and were prevented only from excommunicating Montgome- ry, who had been found guilty of some errors in doctrine, by his submission, and promising to interfere no farther with

• Vide p. 15. VOL III. I

58 H1STOKY OF SCOTLAND.

BOOK the bishopric. Fearing his tergiversation however, they gave '• instructions to the presbytery of Glasgow to watch his con- l581' duct; and if he violated his engagement, give immediate in- formation to the presbytery of Edinburgh, who were autho- rized to appoint one of their number to pronounce the sen- tence of excommunication against him.

LXIV. Scarcely had he quitted the assembly, ere he show- ed their precautions were not in vain ; for, urged by Lennox, he revived his episcopal claims. The presbytery of Glasgow having met in consequence, they were forcibly dispersed by an order from the king, and their moderator imprisoned ; but not until they had finished their deed, declaring that Montgomery had violated his engagement with the general assembly. This deed was immediately transmitted to the presbytery of Edinburgh, who appointed on its receipt, John Davidson, minister of Libberton, to pronounce the sentence Montgo- of excommunication, which he did accordingly ; and in spite

mery ex- f ^ threat;S of the court, it was on the succeeding Sabbath, communi- cated, intimated from the pulpits of Edinburgh, Glasgow, and the

surrounding churches. Enraged at these proceedings, a pro- clamation was issued by the privy council, declaring the ex- communication null and void.

LXV. Besides this attack upon the constitution and liberty of the church, the ministers were individually subjected to persecution, for their discourses in the pulpit. They did not cease to inveigh against those whom they considered the authors of the calamities which afflicted both church and state ; and in particular, John Dury, one of the ministers of Edinburgh, named Lennox and Arran, in one of his dis- courses, as those on whom the chief blame rested. They in return, complained to the king, of what they thought the un- warrantable liberty of the preacher ; and the king, irritated at what he considered as oblique reflections on his own con- duct, ordered the magistrates to remove him from the town, John Dury Wli^n twenty-four hours. Dury consulted with the general

ordered to assembly upon the occasion ; and they approving of his doc- leave Edin- . • , /,

burgh. trine, recommended him not to withdraw secretly, but re- main till formally commanded to depart, and then obey; and the magistrates, although unwillingly, finding themselves

JAMES VI. 59

compelled to enforce his majesty's orders, Dury, after so- BOOK lemnly protesting at the cross, against the force used, was obliged to leave the city.

LXVI. These arbitrary proceedings occasioned an extraor- dinary meeting of the general assembly, at which a spirited remonstrance was drawn up, addressed to the king and coun- cil ;— complaining " that he had been persuaded to assume a spiritual authority, which belonged only to Christ, and the

execution of which is committed to his ministers : as if he 8france of

the assem« could not be king of the state, without being head of the bly.

church. That in consequence, unworthy and unfit persons were obtruded into the ministerial office, discipline obstruct- ed, and the censures of the church condemned and disan- nulled ;" and after an enumeration of their complaints, under fourteen heads, they besought his majesty to redress their grievances, with the advice of men, " that fear God, and do tender his grace's estate, and quietness of this commonwealth." The venerable Erskine, of Dun, and a number of others of the older reformers, were associated with Andrew Melville, and ordered to proceed to Perth, where the king then was, and present the remonstrance. In spite of threats against their lives, held out to deter them, they boldly proceeded ; and having obtained access to the king in council, presented their remonstrance. Arran, who was present, after it had been read, looking sternly round the assembly, demanded, Who dare subscribe these treasonable articles ? We dare, repli- ed Melville, and immediately affixed his own signature, the Melville's other commissioners successively following his example ; mtrepldlty< while the duke and Arran, overawed at their intrepidity, of- fered no opposition. They were afterward dismissed with a favourable answer.

LXVII. Such boldness in the exercise of their rights, by a body of men, who were unsupported by any civil power, or armed force ; while it struck strangers with astonishment,* shamed into action the Scottish nobles, who had long borne, with irritable impatience, the insolent presumption of two upstarts. Elizabeth too, if she had not secretly incited, was at least ready to support any attempt to rescue the king

• M'Crie's Life of Melville, p. 273,

60 HISTORY OF SCOTLAND.

BOOK from the hands of the rash and inexperienced favourites, who !• had deprived her of all influence in Scotland, and had al- 1582 most involved the two kingdoms in hostilities, A conspira- Nobles cv> to force the king to part with his favourites, was the con- remoreethe sequence ; as the legal methods of removing obnoxious ser- tavourites. vants of the crown — difficult even in the best regulated states — was either unknown, or impracticable in Scotland at that period. The principal leaders were the earls of Mar, Glen- cairn, and Gowrie, lord Lindsay, lord Boyd, the masters of Glammis and Oliphant, the titular abbots of Dunfermline, Paisley, Dry burgh, and Cambuskenneth, the lairds of Loch- leven, Easter Wemyss, Cliesh, and the constable of Dundee. Their design was to obtain possession of the king's person, send Lennox to France, and remove Arran from court. The young monarch, who had been some time in Athol, en- joying his favourite amusement of hunting, intended to stop at Dunfermline, on his return to Edinburgh ; and here the conspirators proposed to present a supplication, against the illegal and tyrannical conduct of the favourites, and carry their object into effect ; but as neither Lennox nor Arran were with him, and he was only very slenderly attended, they, probably afraid lest the favourites should join him at Dunfermline, invited the king to Ruthven castle, whence this enterprise has derived the name of the Raid of Ruthven. LXVIII. James unsuspiciously complied with the invitation ; but, upon his arrival, observing an unusual concourse, he began to doubt that some plot was in agitation. Concealing however, his suspicions, he dissembled, in expectation of freeing himself from constraint, when he went abroad to his sport. Next morning he early prepared to take the field, but was anticipated by the nobles, who, entering his bed- chamber, presented their memorial. This he received gra- ciously, and was hastening to be gone, when the master of Glammis, stepping to the door of the apartment, told him he must stay. On finding himself a prisoner, he threatened, ex- postulated, and at length burst into tears. " It is no matter of his tears," said the master of Glammis, when he observed him crying,— "better bairns should weep, than bearded men ," a saying the king could never afterward forget ; so much less easy is it to forgive an affront, than a real injury. Although

JAMES VI. 01

kept captive, the king was treated with every outward mark BOOK of respect ; only his attendants were changed, and none of whom the conspirators had any suspicion, were suffered to 1582. remain near his person. Finding himself totally cut off from any communication with his obnoxious ministers, James made a virtue of necessity, and submitted to his fate.

LXIX. Lennox and Arran, who were residing in the ut- most security upon their estates, the former at Dalkeith, and the latter at Kinneil, thunderstruck at so unexpected an event, prepared, if possible, to retrieve the error they had committed, in allowing the king so easily to fall into the snare of their enemies. The earl, whose arrogance imagined no one would dare to oppose him, and trusting at the same time, to the friendship of Gowrie — who, he either did not yet know had joined the confederates, or would not believe sincere in his attachment — instantly, on receiving intelligence Arran pro. of the seizure of the king's person, set out with a few follow- RUthVen. ers towards Ruthven castle ; boasting as he went, that he would chase all the lords into mouse holes. Fearing lest he should be detained on his journey by his attendants, he push- ed forward, with only one servant, by a cross road, direct- ing his brother, William Stuart, to follow with the rest, by the common highway. In this manner he escaped an am- bush, which had been laid for him by the earl of Mar, and arrived in the evening at Ruthven. On entering the gate of the castle he asked for the king, intending to proceed im- mediately to his presence; and here again, his good fortune rescued him from a peril, even greater than what he had previously escaped. The conspirators, whose indignation was roused by the appearance of a man whom they detest- ed, would instantly have sacrificed, upon the spot, the ene- my of their country ; but the earl of Gowrie, from motives of friendship or hospitality, interfered, and had him convey- ed to a place of safety, thus preserving a life destined to wreck his own. Arran was afterward sent into confinement in Stirling castle, without being permttted to see the king. Committed His brother encountered the horsemen who lay in wait, with to Stirll"& whom he had a smart encounter near Duplin, in which he

was wounded, and taken prisoner.*

• * Spotswood, p. 320. Melville, p. 26S.

HISTORY OF SCOTLAND.

BOOK

I.

~~J582.

Lennox sends to the king.

Is ordered to leave the king, doin.

LXX. The duke, after a vain attempt to excite the inhabi- tants of Edinburgh to take arms, sent some noblemen to Perth, where the king had been carried, to learn from his majesty himself, if the revolution which had taken place had been with his consent. The messengers were not allowed to see the king except in council, where be- ing introduced, and having explained the nature of their mission, the king passionately cried out; — "I am a cap- tive, which I wish all my subjects to know, and earnest- ly desire the duke to use his endeavours to procure me my liberty.1' With affected humility, the lords entreated his majesty not to imagine himself a prisoner, or that he was un- der any restraint ; for he was at liberty to go wherever he pleased, only tney would not permit the duke of Lennox, and the earl of Arran, to mislead him, and oppress the church and the kingdom as they had hitherto done; at the same time, they advised his majesty to inform the duke, that it might be prudent for him to retire quiet- ly to France; else they would be forced to bring hirr. to an account for his conduct, and proceed against him according to the utmost rigour of law. The king, finding it would be in vain to contend with persons in whose power he so completely was, dissembled his anger and afraid for the fate of Lennox, to whom he seems to have felt a sincere attachment, issued a declaration, stating : " That it was his own free and voluntary choice to remain at Perth ; that his person was under no restriction, and that the noblemen, who at present attended him, had only clone their duty, and ' performed a good service to himself and the commonwealth;' and prohibiting any attempt to disturb the public peace, under pretence of rescuing him from restraint !" Lennox, who was still endeavouring to raise a force, received, by return of his messengers, a letter from the king, commanding him to leave the kingdom be- fore the 20th of September.

LXXI. Unwilling to obey, but unable to resist, he continued to linger about Edinburgh, uncertain how to act, till at length, by the advice of his friends, he retired to Dunbarton, to wait the occurrence of anv favourable turn in his fortune. But

JAMES VI. 63

the nobles were inflexible in insisting upon Lennox leav- BOOK ing the country ; and it was with great difficulty and at *• the earnest entreaty of the king, that he was permitted 1582 to remain only a few days ; yet, by various evasions, he con- tinued to delay his departure till about the middle of Decem- ber. In October he attempted, or pretended to make an attempt of going to France from the west coast, but the wea- ther being tempestuous, he fell sick, and landed again. He Hesitates. . then, by the king's advice, came to Blackness, to remain there till a passport was procured from queen Elizabeth to enable him to travel through England to France, on account of the season of the year and his ill health. He had not remained there, however, many days, till, upon a rumour of his being again to be received into favour, lord Herries was sent with a peremptory command for him to begin his journey. He only begged to be admitted into the king's presence, to salute his majesty, and bid him farewell; but this the lords wisely denied him, and he took his reluctant departure, much to the pleasure of the people, and the re- Departe. gret of the king.

LXXII. Soon after his arrival in France, fatigue or chagrin, or both, threw him into a fever, which in a short time car- ried him off. In his last moments he professed to die in the ms dcatf. faith of the church of Scotland, to keep the oath he had given to the king inviolate ; and the king, to rescue his me- mory from the charge of hypocrisy, eagerly proclaimed in Edinburgh his dying confession. Whether he was ever sincerely attached to the doctrines of the Reformed or not, is as uncertain as it is unimportant. That he was insolent,*

* Patrick Galloway, minister of Perth, gives the following account of the duke's behaviour in the church, when the preacher blamed the court for sup- porting Montgomery, bishop of Glasgow ; " When I did speak against the same, he did plainly menace me, and called me pultron, villain, mischant, with many other injurious words, and threatened to run me through with a rappair, till his majesty himself was compelled to lay his hand upon his mouth, and stay the duke's fury and malicious language heard of all that stood in his highness' seat, and uttered publicly before the people. After the sermon was ended, at the duke's passing out of the kirk door in plain language laying his hand upon his sword, he boasted he would have my life, and used diverse contumelious and reproachful words of malice and despite."—

64 HISTORY OF SCOTLAND.

BOOK oppressive, and tyrannical, is evident from the inflexible ri-

_L gour with which the nobles insisted on his quitting the

1582. country ; although probably in some instances, his plausibi- lity of manner* might have led the courtiers to think more kindly of him than of Arran, whose insolence had more rug- gedness about it. The king long remembered him with af- fection, and showed many acts of generosity to his posterity. He was the earliest, the most obsequious, and, unfortunate- Character, ly, one of the most unprincipled of James' favourites. He found the prince at a period of life comparatively uncorrupt- ed, and he contaminated him by the licentiousness of his conversation, and the looseness of his conduct. Unacquaint- ed with the manners of the country, and educated in a sys- tem directly opposed to that of James, passionate in his tem- per, and libertine in his morals, he was the most unfit com- panion the young monarch of a free and a religious country, could have chosen.

LXXIII. Immediately upon the report of James'' captivity, Elizabeth despatched two ambassadors, sir George Carey and sir Robert Bowes, under pretence of inquiring after the king's safety, to endeavour to reconcile him with his nobles, and induce him to restore the earl of Angus, who had lived in exile in England ever since the death of his uncle, the earl of Morton. Jam«s, who suspected that Elizabeth was not ignorant of the conspiracy, gave, in public, a general answer, that he was satisfied with the conduct of the lords; but, in private, he whispered his discontent to Carey, and begged him to inform his mistress of the real state of Earl of An- affairs. At their request he consented to the return of An- from exile. gus, wh° formed a farther addition to the strength of the party.

LXXIV. Besides the royal proclamation, the nobles, who were anxious to justify their conduct to the nation, issued a long declaration, explaining the motives which induced them

MS. Apology of Mr. Patrick Galloway, quoted by Dr. M'Crie, Life of A. Melville, vol. i. Notes, and Calderwood, p. 152.

It is from this circumstance, I apprehend, that sir James Melville is in- clined to represent him in more favourable colours than he appears to have deserved

JAMES VI. 65

to venture on the irregular step they had taken. In it BOOK they inveighed against the favourites, and enumerated all their offences against the church and state: — their endeavour- ing to destroy the power of the church, by filling her livings with unworthy characters; abusing, banishing, and suspend- ing some of her ministers, and libelling and traducing all as traitors, seditious persons, members of Satan, and enemies to the commonwealth ; their negotiating with the king's mo- ther; their driving faithful noblemen from the court; ba- nishing gentlemen without trial or conviction, and overaw- ing the courts of law ; removing forfeitures without the au- thority of parliament, and rendering the whole country one scene of confusion, tyranny, and lawless misrule.

LXXV. The conspirators, who had first carried the Nobles king to Stirling, next proceeded with him to Edinburgh ; b™nK ^ for although they had already obtained from his majes- inburgh. ty a remission in the most ample form, yet, afraid lest it might still be urged against them, that they had forced this from him while under constraint, they were extreme- ly anxious to procure some legal sanction of their enter- prise. The general assembly met early in October, and their first application was to that body. They commis- sioned the abbot of Paisley to explain to them the reasons for their approbation of the " action," which were the same as those enumerated in their public declaration — the dan- ger of the church, and the confusion of the commonwealth. The assembly, on receiving this information, inquired at the members individually, whether they had perceived the mis- chiefs to be as great as represented, when they unanimously answered in the affirmative.* Still unwilling to proceed hastily, the assembly deputed Mr. James Lawson, Mr. Da-

• Dr. Robertson says, Hist. vol. ii. book vi. " They [the nobles] applied to the assembly of the church, and easily procured an act that they had done good and acceptable service to God, to their sovereign, and to their native country ;" but from the statement in the text, it will appear that the church was extremely cautious, and first obtained the king's own personal approba- tion before they would proceed, and after the act was framed, the tutor of Pitcur, and colonel Stewart, by special command from James, signified his assent. These are important facts necessary to be kept in view. — Dr. Cooke't Hist, of the Ch. of Scot. vol. i. p. 351. and the authorities referred to— Calderwood, p. 179.

VOL. III. K

66 HISTORY OF SCOTLAND.

BOOK vid Lindsay, and the king's minister, [Mr. John Craig,] to L wait upon the king, and ascertain his sentiments upon the 15gg subject. He instructed them to declare, as his opinion, Their con- " That religion was in peril, and his person also in danger ; duct ap- for jje considered his own safety as inseparable from that of religion. He acknowledged that abuses existed in the com- monwealth till the late enterprise ; and that it was the duty of all his subjects to join in rescuing the kirk, his person and estate, and to assist in reforming the commonwealth." On receiving this communication, the assembly proceeded to pass an act approving the late enterprise, in which they embodied his majesty's acknowledgment.* This act, dated By the as- 13th October, 1582, was ordered to be published in all the sembly churches, and those who maliciously or violently opposed the good cause, were in the first instance to undergo the censures of the church ; and, if obstinate, to be reported to the king and council for their civil offence,

LXXVI. A few days after, a meeting of the estates follow- ed, which was opened by the king in person, who, in a short speech, expressed his regret at the dissensions that prevail- ed, and his willingness to follow the advice of his parliament. With the freedom which then prevailed in these assemblies, one of the lords — he is not named — rose, and addressing the king, frankly told him : " That the dissensions were caused by those who, having possession of his majesty's ear, abused his favour, ruled the state as they chose, and dis- dained the advice of their fellow counsellors ; particularly Lennox and Arran, whose misrule was such, that unless And by some noblemen had procured a remedy, by repairing to his parJsament. majesty, both church and state must in a short time have been subverted." After this, the earls of Mar, Gowrie, and Glencairn, acknowledged themselves as principals in the transactions that had taken place, and, after stating their reasons, withdrew. The convention, on their removal, in the fullest manner approved of their proceeding ; and re- lieved them from all actions, civil or criminal, that might be entered against them, or any of them, for what they had done.

* Calderwood, p. 133. Spotswood, p. 322.

JAMES VI. (J7

LXXVII. The French court, who continued to look with BOOK regret on the loss of their influence in Scotland, and omit- *• ted no opportunity by which it might be regained ; despatch- 15 ' ed thither an ambassador, M. Monevel, early in January, Embassies and ordered M. de la Motte Fenelon, ambassador at the English court, to join him. Their instructions were, — to en- deavour to procure the king his liberty; to try to draw closer the bonds of union with France ; and to revive the project for associating the queen mother and James, in the government together. Elizabeth, who dreaded the French gaining any ascendency in the Scottish council, although she viewed with jealousy the embassage, could not, by any in- trigue, prevent it.* She therefore, to counteract as much as possible the effect, sent Davidson, as her ambassador, along with Fenelon, under pretence of concurring in the same And Eng- object; but, in reality, to watch his motions, and support land> the nobles. /

LXXVIII. The arrival of the French ambassadors occasioned considerable agitation, especially when the object of their mis- sion came to be known ; and the clergy who viewed with just horror any approach towards an affinity with " the treacherous and bloody house of Guise," immediately took the alarm. James, who, since he assumed the government, had receiv- ed no foreign ministers, except from England, was delight- ed with this honourable embassy from the French monarch. He received the ambassadors with great distinction himself; and was anxious that they should be everywhere treated with respect. By a message to the presbytery of Edinburgh, he requested that the ministers should refrain from speaking about them. In reply, the ministers said they were bound, Conduct of in every season of danger to religion, to caution their flocks, and admonished the king himself to be upon his guard ; and they proceeded in what they conceived their duty, warning their hearers against the corruptions of popery, and against any league with its professors ; but, at the same time, urg-

• It is not unlikely that the French king, Henry III., dreading some obsta- cle to M. de la Motte's progress from Elizabeth's policy, had sent M. Monevel by sea as a duplicate to prevent disappointments.

the minis- ters.

5S HISTORY OF SCOTLAND.

BOOK ed the obligation of performing the offices of humanity to

L strangers, although they differed in the articles of faith.* 1583. LXXIX. When M. Fenelon found that he made but small Baiheaet Pr°gress in nis negotiation, and was preparing to leave Prencham- the kingdom, the king, at the request of some merchants bassador. who tra(je(j wjth France, f wrote to the council of Edin- burgh, to invite the ambassador to a farewell banquet. The provost and magistrates apparently pro forma, laid the letter before the ministers, for their advice, who deemed it unseasonable and improper ; " for banqueting," said they, "is a sign of love; if, therefore, ye be sincere, ye seal by this feast, your fellowship and true love with the murderers of the people of God ; if you dissemble, it is hypocrisy." Notwithstanding which, the magistrates proceeded with their banquet, and the ministers, who A fast held saw their advice scorned, and the right hand of fellow- ship given to idolaters, proclaimed a fast to be held on the same day4 In this conduct, perhaps there might be

• Dr. Cooke's Hist. Ch. of Scot. vol. i. p. 362, and authorities, p. 363.

•f Calderwood, p. 138.

| We are apt to err in estimating the customs of other times, either by comparing them with our own, or by forgetting the circumstances which ren- dered necessary then, what might be improper now ; and pronouncing simp!y upon an insulated action. Yet even doing so, in this instance, I should hesi- tate before I blamed the ministers. The magistrates ought not to have asked their advice, if they did not mean to follow it, and I do not know but in such a case, the fast was a fair retaliation. But when we recollect that the blood of the thousands immolated to the papal tyranny, still stained the streets of Paris, and the fields of France ; that this was justified upon principle, that every papist of that day, was in feet an accessory to the deed, that some of the ministers of Edinburgh had themselves witnessed the cruelties of that superstition abroad, and that the ashes of the Romish fires were scarcely cool at home ; when we recollect the unsettled state of the government, and of the country, the conduct of the ministers, in decidedly and publicly marking their disapprobation of any convivial intercourse with the representative of the French court, does not appear so very reprehensible. Spotsvvood, whose account, how- ever, is liable to the charge of exaggeration, says, " To impede this feast, the ministers did, on the Sunday preceding, proclaim a fast, to be kept on the same day on which the feast was appointed ; and to detain the people at church, the three ordinary preachers did, one after another, make sermon in St. Giles' church without any intermission of time. Calderwood tells us, " the people met between 9 and 10 o'clock in the forenoon, and continued till 2 afternoon, to signify their misliking," which would allow a sufficient time for the city ban- quet after all. Besides, it was not the deed of the presbytery, for Caldenvood

JAMES vr. (i9

a want of politeness, but it was at least consistent; for how BOOK could they look with complacency on an official entertain- '• ment, given to the representative of a court, any connexion with which they were daily deprecating, as the most cruel misfortune that could befall their country.

LXXX. Mary, as was natural for a mother, when indistinct Mary's dis- reports reached her of her son's confinement, felt all the tress> bitterness of her unfortunate situation with double force ; and in a passionate letter to Elizabeth, inveighed against the cruelty of her own imprisonment, and entreated her to interfere on behalf of her son, nor allow him also to be over- whelmed by his rebellious subjects ; but Elizabeth knew not the feelings of a parent. The letter was neglected, and the unhappy queen left to brood in solitude, and with anxiety, over the misfortunes of herself, and to her, the doubtful fate of her child.

adds, " If there was any errour committed, it is to be imputed to the particular session of the kirk of Edinburgh."

THE

BOOK II.

James VI. — The King removes to St. Andrews. — Arran regains the ascen. dency over him. — Deceives the Nobles and the Ministers. — Proceedings against Andrew Melville. — His escape. — Earl of Gowrie executed. — Mi- nisters protest against the Arbitrary Laws and Arran's Administration, and leave the Country. — Arran attaches himself to the English Party. — His in- fluence with the King undermined. — Master of Gray becomes favourite. — Embassy from Denmark. — Banished Lords return. — Besiege the King in Stirling Castle. — Received into favour. — Arran falls. — Affairs of the Church. — A damson, Archbishop of St. Andrews excommunicated. — Feud be- tween the M'Leans and M'Niels — Treaty, offensive and defensive, with England — Queen Mary, her treatment — Babington's Plot.-— Sent to Fo-

theringay Castle — Her Trial. — Condemnation Her Execution.— Cha,

racter. —Elizabeth's Hypocrisy — 1 583-1 587.

BOOK l' NOTWITHSTANDING the apparent acquiescence of James, II. he was by no means satisfied with his situation ; he sighed 1583. after liberty, while, with the most consummate art, he dis- James VI. sembled his uneasiness, and appeared to the lords as cheer- ful and content ; and so well did he counterfeit, that they, now freed from all dread of Lennox, and Arran being at a Nobles re- distance from court, and hated for his violence, began to re- . watching the king» and the greater part withdrew to their own castles. In the mean time, colonel Stuart and Mr. John Colville, who had been sent to England, upon an embassy, to demand the restitution of the estates in that kingdom, which had belonged to the king's grandfather, th< earl of Lennox, acquaint the queen with the state of affair

JAMES VI. 71

in Scotland, and arrange a number of other matters in dis- pute, having returned with discordant answers ; the king, imagining some advantage might be made of this circum- 1583 stance, consulted with Stuart, who commanded the band of gentlemen forming his body guard, respecting the best me- thod of emancipating himself from his thraldom ; when it was resolved to call a convention of the estates at St. An- drews, under pretence of consulting about the relations with England, but to invite only such persons as he thought would be favourable to his design. Previously to the day of meeting, Stuart advised the king to send for some of his most experienced counsellors in this emergency ; and in consequence, sir James Melville, who had retired from court, received his majesty's commands to repair to Falk- land. He endeavoured to dissuade the king from his un- dertaking, as rash and dangerous ; but finding him resolute, he advised him, if successful in making his escape, to pro- claim a general amnesty, free, full, and without reserve ; to accede to the requests of the church, and choose for his counsellors, the most virtuous and discreet of the nobility and gentry ; all which, the king, with his usual facility, readily promised.

ii. In order to avoid suspicion, some days previous to the meeting of the convention, he set out for St. Andrews, un- .!er the pretext of visiting his grand uncle, the earl of March. At first he lodged in an open inn ; but some of the lords, who had heard of his sudden departure from Falkland, ar- xhe king riving at St. Andrews with armed followers, he became r*P**™ *-° alarmed, and entered the castle. Next morning the earls of draws. Argyle, Huntly, Crawford, Montrose, and the rest of the lords who were invited, arrived, but unarmed ; which induc- ed the others to hope they might yet regain possession of the king's person ; but being outnumbered, by the defection of the earl of Gowrie from their cause, they made no serious attempt ; and the king retained complete possession of the castle, and the freedom of once more choosing his own ad- visers. In the commencement, he appeared as if inclined to perform the promises he had made to sir James Melville ; and having assembled all the lords, together with the Fife barons, the chief magistrates of the towns upon the coast,

72 HISTORY OF SCOTLAND.

BOOK the ministers of St. Andrews, and the masters of the college, **' he in their presence declared : — That although he had 1583 been unwillingly detained for some time, yet he meant His profes- not to impute this as a crime to any person ; it was his in- tention to bury in oblivion all that had passed during his tion. minority, to satisfy the demands of the church, endeavour to

heal the dissensions which existed, and show impartial fa- vour to all his subjects without distinction ; as he knew what had been done did not proceed from any disaffection to his person, but from the unhappy partialities of the times. Af- ter this declaration, and to show his impartiality, he order- ed two of each faction to retire from court for a while, the earls of Angus and Both well on the one side, and Huntly and Crawford on the other. He then made choice of the earls of March, Argyle, Gowrie, Montrose, Marischal, and Rothes as his permanent council ; and to evince the sinceri- ty of his reconciliation, he paid a visit to the earl of Gow- rie, at Ruthven castle, and again granted him a full par- don.

in. When James had regained his liberty, the earl of Arran, who, by favour of the lords, had been permitted to reside upon his estate of Kinneil, was extremely anxious to be admitted into the royal presence; and the king, who con- tinued to cherish his affection for the worthless favourite, notwithstanding his repeated professions to the contrary, was no less anxious to see him. The nobility in vain opposed his return, and sir James Melville, with as little effect, point- ed out the mischievous consequences of his recall, and en- treated that the king would not receive him into confidence. The king promised that he would not admit him to his con- fidence, that he only wished a single interview, and would not suffer him to remain ; but the earl was admitted, and all the king's professions and promises were speedily forgotten. glbTthe" No sooner nad Arran regained the ascendency, than mode- nscen- ration was cast aside, and every regard to truth and common den«y- honesty banished the king's counsels. His most solemn de- clarations were disregarded ; and measures, the very oppo- site of those he had promised to follow, were most unblush- mgly pursued. An insidious proclamation was issued, of- fering pardon to such as were concerned in the Raid of

JAMES VI. "73

lluthven, provided they showed symptoms of real penitence, BOOK asked forgiveness in time, and .did not by their future con- ^' duct, awaken the remembrance of that treason. Such a _ proclamation, so different from the full, free pardon, and act Dissatis-. of indemnity, so repeatedly promised, when the king wasfiedt under no restraint, plainly warned the nobles of their fate, if they ventured to confide in the word of a king, or the mercy of an unprincipled, now an exasperated favourite. They therefore began to take measures to secure their safety ; while the king, with his usual duplicity, pretended to be both ignorant of the extent, and grieved at the nature of Arran's proceedings.

iv. When Elizabeth was informed of the revolution that had taken place in the Scottish court, she wrote James a se- vere letter, reproaching him with his breach of faith, and re- minding him of the account he himself had written her of the dangerous course the earl of Arran was pursuing; "and yet," she adds, "you would make them guilty who delivered you therefrom ! I hope you more esteem your honour than to give it such a stain, since you have so oft protested that you was resolved to notice these lords as your most affec- Elizabeth tionate subjects, in the full persuasion, that all they had done was by them intended for your advantage ;" and concludes by requesting him to proceed no further, till she should send a trusty messenger to advise with him. James, in an hum- ble, shuffling answer, professes to take h«r " sharp admoni- tion at this time, as proceeding from a sisterly love;" and after thanking her for her friendly attempts to procure his liberty, excuses his conduct from " the time," being " unfit to dispute too precisely upon circumstances that were deter- mined by those who were masters of him and the state;" and meekly ends thus : — " When you desire that I proceed no further, until a trusty messenger may come from you, I intend to stay from doing any thing, till then, that you may be justly offended with."* The trusty messenger, promised

• I cannot conceive how Dr. Robertson, book vi- should represent James, on this occasion, as replying with " becoming dignity," for he refers to the very letters I quote, and their account certainly comports but very little with dignity. Spotswood, indeed, p. 326, mentions a conversation with Walsing- ham, in which he makes James use language similar to what Dr. K. represents

VOL. III. L

74 HISTORY OF SCOTLAND.

BOOK by Elizabeth, was secretary Walsingham, the minister,

iL next to Burleigh, on whom the English queen most depend-

Jfig3 ed. He came attended by a magnificent train of upwards

of " six score horsemen," but travelled gently in a coach,

on account of his age and the infirm state of his health.

v. While the English minister was slowly prosecuting his

Arran's journey, Arran was rashly pursuing his violent measures.

measure* The lords who prudently declined trusting him, and had withdrawn from court, were required, by a new proclama- tion, to surrender themselves prisoners, or, as the expression of the day was, put themselves in ward ; but they all refus- ing, except the earl of Angus, were denounced rebels. Arran, whose aim it was to engross the whole power of the king- dom, and drive from court every one but his own satellites, treated the earl of Gowrie with so much insolence, that he forced him to retire ; and even after the king had invited him back, obliged him again to withdraw, and form the re- solution of leaving the country. About the same time, he was appointed governor of Stirling castle, of which town he was also provost ; and shortly after persuaded the king to take up his residence in the castle, on purpose that no one, except with his permission, might find access to the royal presence.

vi. Walsingham, on his arrival in Edinburgh, was wel- comed by sir James Melville, in name of the king, and con- ducted by him to Perth, where the king had appointed to receive him. He had there several interviews with his ma-

Walsing. jesty, but refused to have any personal communication with tne earl of Arran 5 who felt the affront so keenly, that he sought, upon every occasion, to insult the ambassador.* No change in the political situation of Scotland, nor any altera- tion of the relative circumstances of the two kingdoms follow- ed this embassy ; which renders the conjecture not improba- ble^ that his chief errand was to discover the capacity and

as the contents of the letter; but Melville is, I think, in this instance, from having been personally employed, the preferable authority.— Melville, p. 279, 88o>

* He refused the captains of Berwick, and other respectable members of tt alsinghara's retinue, admission to the king ; and, at his departure, instead of a rich diamond ring the king had ordered to be given him, he substituted a paltry crystal — Melville, p. 296.

t Melville, p. 297. Robertson.

JAMES VI. 75

disposition of the Scottish king, who was now arrived at that time of life when, with some degree of certainty, conjectures might be formed concerning his character and future conduct; yet it is not unlikely, that whatever other business the aged ambassador might have had to propose, he declined enter- ing upon it, when he found Arran so high in favour; for he expressed himself to sir James Melville, in the language of strong disappointment and regret, at the company by whom he found his majesty surrounded , which, he said, " had he Fruitless, known before he set out, he would have shifted the journey." James, however, who possessed plausible and showy powers of conversation, made rather a favourable impression on the English secretary ; who, notwithstanding the unworthy treat- ment he had met with, gave his mistress an advantageous re- port of his abilities.

vii. The altered measures of the court had destroyed all confidence, and the distractions of the country, in conse- quence, increased ; while Arran, the chief cause of the whole, whose ambition seemed to have grown more insatiable from its late check, procured himself to be appointed lord high chancellor, and governor of Edinburgh castle. A conven- tion of the estates was summoned for the 17th of December. At this meeting, Arran having duped the nobles, and — ac- cording to Melville — deceived the king, rendered the con- fusion more inextricable ; and instead of soothing, augment- ed the disorder of the state. He represented to the nobility as they arrived in Edinburgh, the king's gracious intention, to grant to each individually, after suffering some very trifl- ing punishment, a pardon for his particular share in the of- fence,— provided they would consent to a vote of the conven- Arran tion, allowing, in general, the enterprise to have been trea- duPes tha son; to which, if they would not consent, they would be considered as vilifiers of the king's honour, and contemners of his promise. Considering Arran's representations as an especial message from the crown, the estates, on the first day of meeting, passed an act, recommending a rigorous pro- secution of those who had not embraced the offer of pardon at the time appointed ; and ordering the act of council, passed at St. Andrews, to be erased from the council books. This act was productive of the most pernicious effects to the

HISTORY OF SCOTLAND.

BOOK II.

1584.

Attempts against the church.

Prudence of the mi- nisters.

Represen- tation of the assert!- bly.

conspirators, some of whom were banished to Ireland, others confined within certain districts, and the earl of Gowrie, not- withstanding his reconciliation to the king, and his special pardon, deemed it prudent to request leave to exile himself to France.

viii. The return of Arran to power, was not less baneful to the clergy than to the nobles. The church had, during the ten months James was under the direction of the con- federated lords, enjoyed a temporary calm ; ministers were allowed to preach with freedom, to exercise discipline, and to hold their ecclesiastical assemblies ; but no sooner was he reinstated, than persecution commenced. Several of the most respectable individuals were interrogated before the council on their sentiments respecting the Raid of Ruthven, which they were urged to condemn, and approve of the measures since pursued. In this difficult situation they act- ed with much prudence ; aware that any unguarded expres- sion might expose them to a criminal prosecution, they re- quested liberty to reply in writing. In their answers, they declared that they adhered to the act of the general assem- bly with regard to the Raid of Ruthven ; that as individuals, they did not conceive it fell within their sphere to intermeddle with political discussions ; but if his majesty were desirous to obtain the judgment of the church, they recommended him to apply to the general assembly. That body, how- ever, without waiting for his majesty's command, at their next meeting, expressed their opinion, by presenting a list of their grievances to the king at Stirling : " They lamented the im- punity enjoyed, through his sufferance, by papists, apostates, and convicted traitors ; his evident partiality to the enemies of God, both in his own realm and in France ; the employment of men of the most dissolute lives, in his service, and the dis- missal of upright, zealous, loyal noblemen, who had ever been faithful to him from his infancy ; they reminded him, that since his acceptance of the government, the church had had many fair promises, but instead of performance, its liberties and privileges were daily infringed; and they de- plored the wanton perversion of law, which excited univer- sal discontent, and rendered both life and property insecure; and concluded with entreating his majesty to call the wisest

JAMES VI. 77

and most moderate of the nobility to his councils ; that, by BOOK their advice, the hearts of all good subjects might be united in maintaining God's truth, and in preserving his high- ness' estate and person." The king made a specious re- ply, but the historian of the church observes " the com- missioners received small contentment."*

ix. During the winter, Arran's misgovernment became every day more insupportable; and the ministers, whose invincible patriotism formed the only apparent barrier to his tyranny, were harassed in the most vexatious manner. The intrepid Dury, who had been already banished, but whose sufferings could not induce him to sit a silent spec- tator of his country's oppression, was summoned before the council for having, in one of his sermons vindicated the con- duct of the noblemen concerned in the Raid of Ruthven ! and defending what he had said, was ordered to ward him- self in the town of Montrose. But the most outrageous proceeding was the process against Andrew Melville, then justly considered the leader of the church. In the begin- ning of February he was summoned to answer before the privy council, for some seditious and treasonable speeches uttered by him in his sermon on a fast which had been kept the preceding month. Melville without hesitation obeyed ; and the university sent Mr. Robert Bruce, and Mr. Robert procee(j. Wilkie, to the king and council, with the most ample testi- in£8 a- monial, declaring that they had been constant attendants on drew his doctrine, and had never heard either in his class or in ville- his pulpit, any sentiment inconsistent with the truth of God, or in the least subversive of his majesty's government; to which he had constantly exhorted his hearers to yield obe- dience, and to respect even the meanest magistrate in autho- rity. Similar attestations were given him by the town coun- cil, the kirk session, and presbytery of St. Andrews. At his first appearance he gave an account, which he afterward embodied in his protestation, of the sermon for which he was accused. His text was the address of Daniel to Bel- shazzar, before he explained the handwriting on the wall, in which he applied the example of the father in reproof of

* Calderwood.

78 HISTORY OF SCOTLAND.

JH)OK the son; and the general doctrine which he [Melville] de- IL ducted from the passage, and supported by other places of ~~~l5g4. scripture, was, — that it is the duty of ministers to apply examples of divine mercy and judgment in all ages to kings, princes, and people, in their time ; and the nearer the per- sons are to us, the greater interest have we in the example. " But if now-a-days," said he, " a minister should rehearse in the court the example that fell out in king James III.'s days, who was abused by the flattery of his courtiers, he would be said to wander from his text." He denied ever having used the words, " That our Nebuchadnezzar — meaning the king's mother — was twice seven years banish- ed, and would be restored again ;" and solemnly protested, that he never, upon any occasion, said, " The king is un lawfully promoted to the crown ;" or used any words which could by possibility be construed to such a meaning. The simple doctrine, he said, which he wished to establish, was that whether kings be advanced to the throne by inheritance by election, or by any other ordinary means, it is God tha maketh kings ; a truth which is easily forgotten by them and not by usurpers or robbers only, when exalted to tht Hisde- regal dignity, but even by good men, who have been extra iencc. ordinarily placed in such high stations, — as David, and So- lomon, and Joash, who all forgot the God that had advanc ed them, and were therefore punished ; and instead of anj application, he offered up a prayer — according to his accus tomed manner whenever he spoke of his majesty — that i would please the Lord of his mercy never to suffer the king to forget the goodness of that God who had raised him tc the throne while yet an infant, and his mother still alive3 and in opposition to the greater part of the nobility, anc who had preserved him hitherto since the weighty burden of government was laid upon his shoulders.

x. The council not being satisfied with this explanation, and having resolved to proceed with the trial, he requested, first, that, as he was accused of certain expressions alleged to have been used by him in preaching and prayer, his trial should be remitted, in the first instance, to the ecclesiastical courts, as the ordinary judges of his ministerial conduct, according to scripture, the laws of the kingdom, and an

JAMES VI. 79

agreement made between certain commissioners of the privy BOOK council and of the church ; secondly, that he should be H- tried at St. Andrews, where the alleged offence was commit- 1584. ted ; or, third, if his first request were refused, he should en- joy the special privilege, lately confirmed by his majesty him- self to the university of St. Andrews, of having his case first submitted to the rector and his assessors ; fourthly, that he should enjoy the benefit of the apostolic canon, " Against an elder, receive not an accusation but before two or three witnesses ;" fifthly, that he should have the benefit of a free subject, by being made acquainted with his accuser ; who, if the charge turned out false and calumnious, might be lia- ble to the punishment prescribed by act against those who alienate the king from his faithful subjects. In fine, he pro- tested that if William Stuart was the informer, he had just cause to except against him, inasmuch as he bore him dead- ly malice, and had frequently threatened him bodily injury, and could not therefore be received as a witness.

xi. On the second day, commissioners from the presby- tery of St. Andrews, attended to protest for the liberty of the church ; and also commissioners from the university, to re-pledge Melville to the court of the rector, but were re- fused admission ; and the court was about to proceed, when Melville gave in his protest and declinature, expressed in His pro- language similar to the requests and explanations he had test> made the day before. The king and Arran, violently en- raged at the bold step Melville had taken, endeavoured, by alternate threats and entreaties, to induce Melville to with- draw his declinature; but finding him resolute in demanding that his cause should be remitted to the proper judges, at last, Stuart was brought forward as his accuser, and a num- ber of witnesses were examined, but nothing criminal could be proved against him. Failing to establish their charge, but determined on vengeance, a new accusation, and one ne- ver heard of except in the most arbitrary courts, was brought forward, and Melville was found guilty of declining the judgment of the council, and of behaving improperly before them, and was condemned to be imprisoned in the castle is con- of Edinburgh, and further punished in person and goods, demned- at his majesty's pleasure. Learning, however, that the place of

80 HISTORY OF SCOTLAND.

BOOK confinement was changed to Blackness, a damp and un- IL wholesome dungeon, and that if he entered ward, it was probable he would only be released to go to the scaffold, without waiting the legal time for execution of the sen- Escapes to tence, he secretly fled from Edinburgh, and took refuge in Berwick. Berwick.*

xii. In the then state of justice in Scotland, the line of conduct adopted by Melville, was the only safe method he could have pursued. To have submitted in the first instance to the privy council, would have been certain ruin, besides owning a jurisdiction which he did not believe to be legal ; and which, even if in common cases it had, he was not in the present instance bound to obey, as there were two spe- cial exemptions, which were still in force, and which he pleaded — the agreement of the court with the church,f and the privileges granted to the university of St. Andrews. The claims of the church were high, but in that age neces- sary ; for they had to meet and resist the exorbitant demands of unqualified despotism. In the present day, when there are other methods of opposing the encroachments of power, and when the jurisdiction of the several courts are better defined; the claim of hearing, even in the first instance,

* Calderwood, pp. 145-7. M'Crie's Life of Melville, vol. i. pp. 287, 292. Cook's Hist. Ch. of Scot. voL i. pp. 377-9.

+ An agreement had been entered into, between the commissioners of the council and certain ministers, after the first imprisonment of Dury, to avoid any future dissension ; in which it was stipulated, if the king were offended at the doctrine of any preacher, he should cause a complaint to be given in ; against him to the ecclesiastical courts, instead of summoning him to appear before the privy council : and this was done in the case of Balcanquhall, one ; of the ministers of Edinburgh, who, in a sermon, had said, " that within these . four years, popery had entered into the country and court, and was maintain- ed in the king's hall, by the tyranny of a great champion, who was called Grace — alluding to Lennox — but if his Grace continued in opposing himself to God and his word, he would come to little Grace in the end." The as- sembly, before whom the cause was brought, having been unable to find either sedition or treason in the expressions, declared the doctrine to have been " good and sound." The king was dissatisfied with the decision, and this was afterwards alleged as an excuse for bringing the other causes immediately be- fore the privy council ; as if the assembly had bound themselves to condemn in every case, when his majesty thought fit to accuse. James never forgot the acquittal of Balcanquhall ; being an inveterate punster himself, he probably thought the preacher had invaded his prerogative.

JAMES VI. 81

charges of sedition or treason, or any civil offence committed BOOK by their members, would never be listened to. In matters H« referring to religion and morals, the pulpit has, and ought 1594. to have a liberty unrestrained by any civil power ; but in politics, and private character, it is widely different, for the obvious reason, that while in the senate, or at the bar, any improper observations may be instantly challenged and cor- rected, the pulpit admits of no immediate reply; and besides, there is a natural tendency in church courts, to encroach upon the civil jurisdiction, and to protect their members, which would render such a privilege of very doubtful ad- vantage.

xni. The escape of Melville was made the grounds of a Proceed- new stretch of power by the privy council, and further seve- in?8 of thc

.,,... , . . privy coutu

rities against the fugitives. An act was passed, ordaining til. that such preachers as were accused, should henceforth be apprehended without the formality of a legal charge ; and it was declared treason to hold any communication with those who had left the kingdom. An order was at the same time issued, for all who had obtained leave to depart, to set out without delay to the places of their destination. Not- withstanding these warnings, and his knowledge of the in- veterate enmity of Arran, the earl of Gowrie, unwilling to leave his native land, still delayed his departure. While lingering about Dundee, he received information that the lords who had gone to Ireland, had determined to endeavour the liberation of their country, by removing Arran from the king's council. Little persuasion was necessary to induce him to enter into their designs ; but as he waited their mo- tions, his protracted stay excited suspicion, and colonel Stu- art, the captain of the king's guard, was sent to apprehend him. The colonel surprised him at his lodgings, but not- withstanding he defended himself for six hours ; and endea- Earl of voured to excite the inhabitants to come to his assistance, by prehended! exclaiming, that he was prosecuted for the sake of religion. He was, however, overpowered, and carried prisoner to Kin- niel, the earl of Arran's seat.

xiv. Two days after, the earls of Angus, Mar, and the Nobles master of Glammis, surprised Stirling castle, where they in- ™tze Stlr* tended to fortify themselves ; and issued a proclamation, de-

VOL. Ill M

82 HISTORY OF SCOTLAND.

\

BOOK daring that their only object in seizing arms, was to deliver IL the king from evil counsellors. But the apprehension of ' 1584 Gowrie, of whose fidelity they were uncertain,— as he had formerly deserted them, — the tardiness of their friends at home, and their disappointment of aid from England, cast a gloom over their minds, and rendered their prospects hope- less ; and the king having raised an army with uncommon They flee expedition, the chiefs fled to England, and the castle surren- to Eng- dereci to Alexander, master of Levingston, upon the first summons. The speedy abruption of this ill-concerted at- tempt, rendered the favourite more secure, and added strength to his party. Gowrie first felt its effects. The ex- tensive estates of that nobleman, had attracted the avarice of Arran's wife,* and his opposition in the council, had drawn down upon him the hatred of the earl himself; both which circumstances conduced to render him peculiarly ob- noxious. He was therefore ordered to Stirling to stand trial ; but before he set out, he was induced by the hope of pardon held out to him, and a promise that nothing he might disclose would be used in evidence against him, to reveal all he knew concerning the conspiracy ; and the names of those who, though not actually engaged, were considered as favour- able to the design.

xv. On his arrival at Stirling, he wrote to the king, re- questing an interview, in order to reveal some secret of im- portance; this request was not only denied, but conceal- ing from his majesty a secret — the nature of which was not known to his accusers — made part of the indictment pre- ferred against him. It was in vain he objected deadly en- mity to some of his judges, and the promises that had been made to him previously to his trial; all his objections were over-ruled, he was sent to an assize, found guilty of treason, and sentenced to suffer the death of a traitor. In the even- Gowrie ex- 'ng °f the same day, he was beheaded ; but the quartering ecuted. of tne body being dispensed with, his servants were permit- ted to bury the whole remains of the unfortunate nobleman.

* He, [Arran] shot directly at the life and lands of the earl of Gowrie, for the Highland oracles had shown unto his wife, that Gowrie should be ruined, as she told to some of her familiars." Melville, p. 310.

JAMES VI. 83

He died with firmness and resignation, expressing on the BOOK scaffold the usual regret of disappointed courtiers, who, in their career of ambition, have been more anxious to study 1584. the humours or caprice of princes, than to hold fast their own integrity. His lands were divided among the dominant party. On the same day, two servants of the earl of Mar were executed ; and the rest who were in the castle at the time of its surrender, were banished.

xvi. A temporary calm ensued ; and the unnatural vi- gour which a government always acquires after the suppres- sion of an unsuccessful insurrection, promised to ensure its continuance. In the usual method of adopting more severe and arbitrary measures, to crush entirely the spirit which had just been broken, James hastened to Edinburgh ; and sum- moned a parliament, which, in the present state of affairs,. A parlia- consisted entirely of the friends or supporters of Arran, who were disposed to enact whatever he should be disposed to dictate. As the church was the peculiar object of his resent- ment, whose freedom of discussion the king and his favour- ite equally hated and feared, the ministers who knew this, were extremely anxious in watching the proceedings of the court, and the court was equally anxious to prevent them from knowing what was in agitation ; the lords of the arti- cles were sworn to secrecy, and the business of parliament was carried on with shut doors. The ministers, however, having learned the nature of some of the acts proposed, de- puted Mr. David Lindsay, a man whose wisdom and modera- tion the king pretended greatly to respect, to wait upon his majesty ; and to entreat that no law might pass, affecting the interest of the church, till the assembly was first consulted. But Arran being informed of the message, caused him to be arrested, — on a charge of corresponding with the fugitives — in the palace yard, as he was proceeding to the king, de- tained him that night in Holyroodhouse, and next morning sent him prisoner to Blackness, where he lay till the fall of the favourite. They then instructed some of their number to proceed to parliament, and protest in the name of the church, against any encroachment on their liberty ; but they were refused admission.

xvii. Such was the unconstitutional, precipitate, and hid-

g4, HISTORY OF SCOTLAND.

BOOK den manner in which the king and Arran procured the enact- *'• ments of this parliament; and the acts were in every respect 1584v worthy of the manner in which they were obtained. The Arbitrary jate usurpations of the privy council were confirmed. The ed!" ' king's authority was declared to extend over all persons and all causes, and to decline his majesty's judgment, or the council's in any matter, was pronounced treason. To im- pugn the authority, or to innovate or procure the diminution of the power of any of the three estates, was forbidden un- der the same penalty. All jurisdictions and judicatures, spi- ritual and temporal, which had hitherto been exercised, but not formally sanctioned by parliament, were prohibited. Commissions were to be given to the bishops, and such others as should be constituted king*s commissioners in eccle- siastical causes, to put order to all ecclesiastical matters in their dioceses : and it was ordained, that none of whatever function, quality, or degree, should presume, privately or publicly, in sermons, declamations, or familiar conferences, to utter any false, untrue, or slanderous speeches, to the Overturn- reproach or contempt of his majesty, his council, or proceed- ing the Re- mgS) or to the dishonour, hurt, or prejudice of his highness, his parents and progenitors j or to meddle in the affairs of his highness and his estate, present, bygone, or in time coming, under the pains contained in the acts of parliament against the makers and tellers of leasings, which were to be executed with all rigour, even upon those who heard such speeches, and did not reveal them. These acts, overturning the whole that had been done since the reformation, estab- lishing the supremacy of the king in council, restoring the estate of bishops, abolishing, or at least rendering subservient to the royal will, every church court, from the general as- sembly, to the session,* and preventing every kind of political discussion, passed through the parliament without opposition.

* " On the 28th May, 1584, a special license was granted by his majesty, in virtue of his dispensing power, for holding the weekly exercise and meetings of the kirk session in Edinburgh, notwithstanding our late act of parliament, or any pains contained therein, anent the which we dispense be thir presents. Cald. vol. iii. p. 376. An intimation of a similar kind was made to the el- ders of St. Andrews, by Adamson. Record of Kirk Session of St. Andrews, June 17th, 1584. But where the ministers or elders were unconformable to the will of the court, they were prevented from assembling. The kirk session

JAMES VI. 85

xviii. It was not expected that the ministers would be BOOK equally silent and submissive; orders were therefore sent to the H- magistrates, to silence or drag from the pulpit, any individual 1584,. who should presume to censure, or make observations on these statutes. As the acts, however, were not yet publish- ed, the magistrates, who were unwilling to use force with their ministers, delayed interfering; and the next day being Sabbath, the ministers declaimed with great freedom on the subver- sion of their civil and religious liberty. On Monday, when the acts were proclaimed at the market-cross, Lawson, Bal- canquhall, and Pont — who was also a lord of session — fear- lessly made solemn public protestation, in name of the kirk, Ministers with the customary ceremonies. Arran, enraged at their Pro*est

... against boldness, threatened loudly,* deprived Pont of his situation, them,

as senator in the college of justice, and issued orders to ap- prehend all concerned in the protest; but they, dreading what would follow, made a timely escape to Berwick ; a num- and retire ber of other eminent ministers followed their example, and to erwic ' those who remained were subjected to the most vexatious and cruel treatment. One instance of characteristic bar- barity deserves to be recorded. Nicol Dalgliesh, a distin- guished scholar, who had been many years regent in St. Leonard's College, St. Andrews, and was now minister of caseofNi- the parish of St. Cuthbert's church, was capitally tried, for C°J ^al- praying for his distressed brethren. The jury acquitted him, but he was instantly re-indicted upon a new charge of hold- ing communication with rebels, merely because he had read a letter, which one of the ministers of Edinburgh had sent to his wife. Unconscious of crime, he was persuaded to throw himself on the king's mercy. Sentence of death was, notwithstanding, passed; and though it was not executed, yet, by a refinement of cruelty, the scaffold was erected, and kept standing for several weeks, before the window of his prison.f

of Glasgow, which used to meet every week, did not assemble from July 18th, 1584, to March 31st, 1585." Wodrow's Life of Mr. D. Weems. M'Crie's Life of Melville, vol. i. pp. 311, 312. Note.

* They were threatened, " though their craig were as great as ane hay stack, their head should lie at their heels." — Calderwood, p. 160.

f M'Crie's Life of Melville, vol. i. p. 314. Calderwood, p. 170.

gg HISTORY OF SCOTLAND.

BOOK xix. In addition to all their other grievances, the minis-

H- ters were required to subscribe a bond, in which they en-

1584> gaged to obey the late acts of parliament, and own the au-

thority of the bishops, under pain of being deprived of their

livings. Numbers refused ; but the king invited the leaders

to a private conference, and Adamson, archbishop of St.

Andrews, having inserted a qualifying clause — " according

Distress of to God's word," — disjoined the oppositionists. Several,

the church. wjlom tnreats could not bend, were juggled into compliance ;

among these were Dury, Craig, and the venerable Erskine

of Dun ; they who continued firm in their resistance, were

forced to join their brethren in exile. Desolation and as-

tonishment now appeared in every part of the Scottish

church ; nor did the universities escape in the general tem-

pest; the professors of such as were considered unfriendly

to the court, were banished or thrown into jail, the students

dismissed, and the colleges shut up.*

xx. The tendency of the late acts of parliament, the flight and dispersion of the ministers, the attacks upon the seats of learning, and the fondness displayed for the order of bishops, rendered the king suspected of favouring po- pery. This rumour being general, he published a declara- tion, explaining these acts, in which he attempted to show their necessity, and that their sole object was to settle the form and polity of the kirk. The only effect which this produced, was to call forth the friends of freedom, justice, and the presbyterian form of church government to reply, which they did, both in prose and verse ; and as they were superior in argument, and their reasonings more congenial to the public feeling, they increased the hatred which all ranks bore to the administration of Arran. The ministers of Edinburgh who had fled, as soon as they reached Ber- wick, wrote an affectionate, and admonitory epistle to their deserted flocks, informing them of the reasons which had in- Letter of duced them to take this step. — " It was not," they told them,

the retired « the fear of death, or love of life, which had moved them to

ministers to . , ,

their flocks, withdraw tor a season, but the open cruelty with which, by

* The universities of Glasgow and Aberdeen were treated in this manner. Cotton MSS. quoted by M'Crie, Life of Melville, vol. i. p. 3J6.

JAMES VI. 87

the late acts they were threatened, and in which their flocks BOOK

¥1

too, must have been involved ; the whole ecclesiastical disci- pline plucked out of their hands, to whom Christ Jesus had I58t. committed the spiritual government of the church, and in- trusted to those who had their calling of the world and of men, not of God. The charges given, and that to members of their own congregations, for their apprehension, if they dared to speak the truth freely, and the danger which their presence must have occasioned to their people, after these orders were issued, had compelled them, from motives of affection and love to them, to absent themselves. Besides, they thought it lawful to follow the example of their Lord, and by fleeing to escape the rage of men, reserve themselves for a better time."

xxi. Upon receipt of this letter, the town council of Ed- inburgh, fearing lest it might be brought as a charge against them, immediately transmitted it to the king ; who, with the characteristic meanness of a base mind in power, that de- lights to add insult to injury, insisted on the leading inha- bitants of Edinburgh subscribing a letter, drawn up by his The king

orders, and addressed to their ministers ; — reproaching them dlctates al>

answer to

with contemptuously, irreverently, and in opposition to their it. own conscience, slandering the good and necessary laws established by his majesty and the parliament, and endea- vouring to disturb the realm, and excite sedition ; adding, they had now discovered themselves, by deserting their flocks, and declaring themselves fugitives and rebels, and had made them, [the subscribers,] offend his majesty, by holding any communication with them. In conclusion, they thanked God, the ruler of the secret thoughts of all hearts, that they had been manifested to their own shame, and the church's happiness, which was thus relieved from wolves instead of pastors, and they hoped his majesty would provide them with good, and quiet spirited teach- |ers; finally, they committed them to God, and exhorted them to repent unfeignedly of their offences. All the power I of the court, could only procure sixteen names to this un- generous production ; but among these were some, who, in other times had been the most zealous and forward in the cause.

88 HISTORY OF SCOTLAND.

BOOK xxn. To open avowed oppression, Arran added the more H- infamous mode of supporting his power, and advancing his 1584.. ambition, by fictitious conspiracies, and a system of domes- Arran's tjc espionage. Drummond, of Blair, who had been impri- tenftfan. * soned in Edinburgh castle, on suspicion of being connected with the malecon tents, and on purpose to extort information from him, when it was found that he had none to give, was set at liberty. But scarcely was he liberated, when he was apprehended upon a new warrant, for some pretended of- fence, and examined before the privy council at Edinburgh, and then carried to Falkland, where he underwent another examination before the king. Having been tampered with by Arran, he declared: — that while in prison, Robert Dou- glas, the provost of Glencluden, was also confined there ; and that they had had several conferences about overturning the present government, and putting the earl of Arran to death. In some of their conversations, the provost inform- ed him that the earl of Crawford was friendly to the scheme, and the Hamiltons, Douglases, and the other fu- gitives in England, were likewise parties to the plot. Dou- glas, on being examined, denied that any such conversa- tions had ever taken place, and offered combat to Drum- mond.

xxiii. As it would have been difficult to have proved the conversation, the prosecution was not carried farther against Douglas ; it however answered a double purpose ; Mar, the governor of the castle, was removed for not being sufficient- ly watchful over the conduct of the prisoners, and the go- Made eo- vernorsmP bestowed upon Arran ; and greater rigour was vernor of exercised upon those who held any correspondence, of what- ever nature, with the exiles. David Home of Argathy, and Patrick, his brother, were executed for exchanging some letters with the commendator of Dryburgh, although their contents referred only to some private accounts, which re- mained unsettled when he was forced to go into exile ; and in order to encourage that race of miscreants, detested by all honourable men, and every upright administration — public informers, proclamation was made : — That who- ever should discover any treasonable correspondence or conspiracy, besides a full pardon, should receive a reward.

JAMES VI. 89

xxiv. When rulers show a willingness to receive accusa- tions, and offer a bounty for the discovery of treason, it is seldom long ere they are gratified ; either by the destruction of the innocent upon false evidence, or the conviction of the unwary, who have been entrapped by designing vil- lains ; nor did the present proclamation fail to produce these consequences. Malcolm Douglas of Mains, and John Cun- ningham of Drutnwhassel, gentlemen of considerable pro- perty, and universally respected, had become objects of sus- picion to the court ; Douglas especially, who was dreaded Fictitious on account of his courage and independence of spirit. This Plots* pointed them out as proper persons to be denounced ; and one Robert Hamilton of Ecclesmachan, allured by the offer- ed reward, and encouraged by the situation they stood in with the court, accused them of having conspired to inter- cept the king during a hunting match, and detain him in some stronghold till the lords should advance, into whose hands they had agreed to deliver him. This information, although generally believed to be a forgery, was greedily listened to by Arran ; but as another witness was wanting to render the accusation valid, it was agreed that sir James Edmonston of Duntraith, one of their most familiar acquaint- ances, should be charged with the same crime ; and an en- deavour made by operating upon his fears, and then offering him pardon, to extort some corroborative evidence. Under the influence of this refined torture, the courage of sir James yielded, and he incurred the everlasting reproach of being accessory to the murder of his friend. The plan of pro- cedure thus settled, colonel William Stewart was despatch- ed to apprehend the victims ; and finding them residing securely in their own houses, arrested the whole without re- sistance, and brought them to Edinburgh. They were all three put to trial, and Edmonston having, as was agreed, pleaded guilty, the others were also condemned ; although the absurdity of the charge, from the impossibility of the attempt, and the circumstances of the prisoners, v?as per- fectly and convincingly evident. Drumwhassel and Mains Executions, were executed the same day, in the High-Street of Edin- burgh. Hamilton, the informer, shunned and detested by all, was protected by Arran, with whom he resided till a

VOL. III. N

<JO

HISTORY OF SCOTLAND.

1584.

Arran reaches summit of power,

BOOK «ew revolution took place, and the favourite was forced to II- abscond ; when he, likewise endeavouring to make his es- cape, was overtaken and killed by Johnston of Westraw, who had vowed to revenge the death of Douglas. These executions spread a general gloom over the face of the com- munity, and the dread of spies and informers created such universal distrust, that the common intercourse of society was interrupted, no one knowing in whom to repose confidence. Meanwhile Arran continued to concentrate, in his own per- son, all the high offices of state, and to grasp at all the power of the realm. On the death of the earl of Argyle,* he was reaches the rajse(j to the office of chancellor, and besides being governor

• iimmif rtf

of Stirling and Edinburgh castles, he procured himself to be chosen provost of the city ; yet still unsatisfied, he at length obtained the title of lieutenant-general of the whole king- dom.

xxv. Elizabeth, whose policy was ever adapted to the varying circumstances of the times, perceiving the difficulty, or rather the impossibility, of managing the affairs of Scot- land as she had formerly done,— except through the medium of the king's favourites, — despatched Davidson, one of her principal secretaries, to Scotland, to attach Arran to her in- terest. Arran, who had in vain attempted to ingratiate him- self with Walsingham, received the advances of Davidson with the utmost eagerness, and readily entered into the views of England; for, hated by the nobility of his own country, and aware of the fickleness of his prince, he look- ed forward to the friendship of Elizabeth as the firmest sup- port of his authority. Soon after, a meeting was appoint- ed with lord Hunsdon, the governor of Berwick, at Foul- den, on the borders, to which the lieutenant general pro- Private ceeded with a splendid train. At this interview he renewed treaty with his professions of attachment to the English interest ; and, don, *n return» lord Hunsdon promised, on the part of his queen,

that the exiled lords should be removed to the interior, to prevent their intriguing in Scotland. At the same time, Arran, by a secret stipulation — as Elizabeth was uneasy on

Attaches

the Eng- lish in- teresf.

• Spotswood, p. 339. Crawford says, before the death of Argyle— Affairs of State, appendix, p. 447.

JAMES VI. 91

the subject— -engaged to keep James unmarried for three BOOK years, under pretext that the queen had provided a match for him of the blood royal in England, who would be marriage- 1584. able about that time ; and on his union with whom, her ma- jesty would declare him her heir.

xxvi. Arran, who had dreaded the interference of England on behalf of the fugitive lords, now relieved from all fear upon that account, immediately on his return called a par- liament ; in which Angus, Mar, Glammis, and a number of their followers, were attainted, and their estates divided, as was the custom, among the chiefs of the dominant party. But the exorbitance of Arran's power, joined with his im- A party perious temper, which would admit of no partner, disgusted for™8 a number of his own supporters ; and a party was secretly him. forming against him at the time when he thought he had most firmly fortified himself against any attack. The mas- ter of Gray, who had lately been introduced at court on his return from his travels, possessed those qualifications which generally attracted the king — a graceful person, and an in- sinuating address. He had already made considerable pro- Master of gress in the favour of his sovereign ; and* ambitious and rest- less, he viewed with impatience the overpowering influence of Arran. Sir Lewis Bellenden, the justice-clerk, a man of a high spirit, submitted reluctantly ; and even the secretary, John Maitland, who owed his office to Arran, deserted his de- clining fortune, and entered into the schemes of his oppo- nents ; but while plotting his ruin, with the instinctive dis- simulation of courtiers, they continued to flatter and fawn upon the man they had devoted to destruction.

xxvn. The increasing predilection of James for Gray, did not long escape the penetration of Arran, who, in order to get rid of a rival, procured that he should be sent as ambas- sador to the court of England, to negotiate with Elizabeth Hi* em- for the performance of Hunsdon's promise — the removal of pss? to the banished lords. Gray during his residence in France, by renouncing the protestant religion, and pretending great zeal for the captive queen, had gained the confidence of the duke of Guise and her friends there, by whom he was em- ployed in managing a secret correspondence with her. On his arrival at the English court, he professed himself a pro-

92 HISTORY OF SCOTLAND.

BOOK testant ;* and, flattered by the attention of Elizabeth, he n< abandoned his former connexions without hesitation, and submitted implicitly to the direction of the English govern- ment. He undertook to preserve the king under the in- fluence of England, and he betrayed the unfortunate Scottish queen, by revealing to her enemies all the secrets with which j his high pretensions in her service had made him be intrust- | ed. It was always the practice of Elizabeth's ministers to I Double po- play a double game with Scotland, and never to allow any of 1

EHzrieth the factions that distracted that country to be entirely destroy- ed ; but alternately to feed the hopes of both, and thus keep both in constant dependance. Their conduct on this occasion was in unison with their general policy. To grati- fy the king, and yet not wholly cast off the nobles, they avoided the request of sending them out of the country, but ordered them to reside in Norwich, at a distance from the borders ; and Gray having gained, as he supposed, the ob- ject of his mission, was dismissed by the queen loaded with presents, and carrying letters to his master, filled with the highest commendations of his talents and conduct. Seizing the opportunity of his absence, Arran had insi- diously endeavoured, by misrepresentations, to prejudice James against Gray ; but his success in the negotiation, and the praises he received, increased his credit with the sovereign ; and enabled him, at convenient seasons, to recompense, with " court charity," those secret ser- vices.f

xxviu. Still unsatisfied while the exiles were suffered to remain in England, James sent another embassy, at the Bellenden's head of which was Bellenden, the justice-clerk, to communi- ami plot. cate the particulars of Mains' and Drumwhassel's conspi- racy, and demand the expulsion of their associates. The lords, on his arrival, were brought from Norwich to London, ostensibly to hear the accusations against them ; and in a conference with the ambassador, before Elizabeth's coun cil, they easily cleared themselves from this imputation. Other negotiations succeeded, and Bellenden, who evident- ly had preconcerted the plan with Gray before he left Scot-

* Caldenvood, p. 170. f Melville, p. 317.

JAMES VI O.S

land, and used his public character as a cloak for his private BOOK intrigue, consulted with the men he had been commissioned ^ to accuse, about the removal of Arran, and their own return 1585. to their native country. Elizabeth and her ministers were privy to the whole, and as they could place no depend- ance on so venal and profligate a man as Arran, encourag- ed the enterprise ; but, at the same time, to prevent sus- picion, redoubled to him the assurances of the queen's re- gard.

xxix. Although standing on the brink of a precipice, Arran, unaware of his danger, instead of attempting to sooth, continued to exasperate the discontent by which he was sur- Aram's in. rounded. As insatiable in his avarice as in his ambition, he satiable imprisoned the earl of Athol, because he would not divorce his wife, a daughter of Gowrie's, and entail his estates on him ; lord Home, because he refused to part with the lands of Dirleton, which lay contiguous to some of his property ; and the master of Cassillis, because he would not accommo- date him with a sum of money which he thought he could spare. Regardless of the miseries he inflicted on the coun- try, he stuck at no measure, however desperate, to satisfy bis cupidity or revenge. Having required lord Maxwell to exchange the barony of Mernis, and the lands of Maxwell- heugh, for the estate of Kinniel, which he possessed by the Creates forfeiture of the Hamiltons ; when Maxwell refused to part feuds in with his paternal inheritance for a possession of very doubt- ful tenure, not daring openly to avow the cause, he involv- ed the district in confusion and bloodshed ; and had not the plague prevented, would have kindled the flames of civil war throughout the whole country. To accomplish his purpose, he first prevailed with Johnston, the hereditary enemy of Maxwell, to accept of the office of provost of Dumfries, and then procured an order from the king to the inhabitants for his election. Maxwell, who perceived the affront intended him, collecting his vassals, prevented Johnston from entering Between the town, and caused himself to be continued in the situa- ^nd John- tion. On this, the king was immediately informed that his ston- authority was despised, and there would be no peace in that quarter, unless the power of Maxwell was curbed; and he, using as a pretext, the non-appearance of one of the

94. HISTORY OF SCOTLAND.

BOOK clan Armstrong, for whom Maxwell was bound, denounced H> him as a rebel, and issued a commission to the laird of lags. Johnston to pursue him; who, in addition to his own men, was to receive the assistance of two companies of hir- ed soldiers.

xxx. Maxwell, as soon as he heard of these preparations, assembled his forces, and sent a detachment under his natu- ral brother to intercept the king's troops before they could Battle of jojn Johnston. They encountered each other on Crawford moor. moor, where, after a sharp conflict, the mercenaries were de- feated, one of their captains killed, and the other taken pri- soner. Johnston, on the other hand, that he might not ap- pear to be idle, wasted Maxwell's estates with fire and sword, and carried off great quantities of plunder. Maxwell re- torted by burning the house of Lockwood, and ravaging An- nandale ; and this system of mutual retaliation continued till Johnston was defeated and taken prisoner. The court, en- raged at this disaster, summoned a convention of the estates, who granted a subsidy of twenty thousand pounds, for levy- ing soldiers to suppress Maxwell ; and the king command- ed all south of the Forth, who could bear arms, to be in readiness to attend him upon an expedition into the disturb- ed districts. But the plague raged with such violence in Edinburgh during the summer, that the expedition was sus- pended ; and another revolution taking place in the king's council shortly after, it was wholly laid aside.

xxxi. A fortunate coincidence of circumstances, together with the wisdom of Elizabeth's councils, had hitherto con- tributed to preserve England comparatively tranquil, amid the agitations which convulsed almost every other neighbour- ing kingdom ; but the formidable conspiracy of crowned heads against the liberty and Reformed religion of Europe, Holy known by the name of the Holy League, in which the pope, L;at!ue. the Spanish king, and the Guises, who ruled France, were combined to crush the protestant states, now threatened that kingdom; which was considered the bulwark against the despots and bigots who wished to restore the passive obe- dience and implicit faith of the dark ages. Elizabeth, who knew that the power of England was an object of aversion and dread to the members of the league, proposed to unite

JAMES VI. 95

all the protestant princes in a counter-league for their mu- BOOK tual defence. With this intent she sent ambassadors to Denmark and Germany, and under the same pretence, des- 1585.

patched sir Edward Wotton to the Scottish monarch. The w°tton'8

embassy to

chief aim of Wotton's embassy, though veiled under this Scotland, pretext, was to re-establish English influence in Scotland up- on a sure basis ; and this he was instructed to attempt not by any formal propositions, but by ingratiating himself into the favour of the king, under the mask of an agreeable com- panion ; and while he appeared wholly intent upon promot- ing his amusement, to seize every favourable opportunity to influence his mind, and, at the same time, to cultivate as- siduously the affection of the nobles who were in opposition to Arran, promote their designs, and lend them every as- sistance.

xxxii. Wotton was well qualified for the task ; he excell- His install- ed in all the exercises for which James had a passion, was atingquali.

ti6S«

gay, humorous, and entertaining, had travelled much, was a quick observer of men and manners, and had a fund of amusing anecdote and adventure ; and early initiated into political intrigue, he possessed all that pliancy of temper and morals which qualifies a man to fill, with advantage to his employers, the important situation of a privileged spy. A strict alliance between the two kingdoms, in defence of the true religion, was what the nation universally desired, and the aspect of affairs on the continent rendered imperiously necessary. James entered warmly into the proposal; and having summoned a convention of the estates to St. An- drews, in a " long and pithy speech," enumerated the dan- gers that threatened religion, and enforced the necessity of reformed princes uniting together. The convention second- obtains ed the zeal of the king, and passed an act, empowering him a treaty, to enter into an alliance with " his dearest sister," offensive and defensive, for the preservation of their common faith. What probably contributed, in no small degree, to stimu- late James' zeal in the cause of the Reformed, was a mark of motherly affection his dearest sister had lately shown, in settling upon him an annual pension of five thousand pounds, a gift which his empty exchequer rendered extremely accep- table. Notwithstanding Wotton's ostensible business was

96 HISTORY OF SCOTLAND.

BOOK at an end, he still continued in the Scottish court amusing IL the king, and intriguing with the nobles. In his private in- 1585. terviews with the master of Gray, secretary Maitland, and trigue"" Bellenden, a plan was concerted for bringing back the ban- ished nobles, and enabling them to gain the ascendency ; but, at the same time, he continued on the most friendly footing with Arran, and used him to answer his purpose on after occasions.

xxxin. Among the other causes of Elizabeth's inquietude, was her dread lest James, by marriage, should obtain such a doyvry as would render him independent ; or contract an affinity that might make him indifferent or averse to her management; and having heard that an embassy was pre- paring in Denmark for Scotland, Wotton's mission had this also in view, to learn the nature of the errand, and throw ob- stacles in the way, if its object was any matrimonial project. In the course of the summer the embassy arrived, consist- Embassy ing of three noblemen magnificently attended, who were in- fron?Den~ troduced to the king at Dunfermline, where they presented their claim respecting the restoration of Orkney and Shet- land to the Danish crown. James received them courteous- ly, and appointed them to reside at St. Andrews till their despatches were ready. But under the influence of Wot- ton and Arran, every day that he fixed to give them their audience of leave, was broken, and they were detained at St. Andrews, mocked and insulted by the emissaries of Arran ; Rude wno» besides the instigations of Wotton, was irritated against

treatment them, because some of their attendants having known him a

of the am- . , ,. .

bassadors, private soldier in Sweden, they treated him with neglect.

Wotton, however, who had discovered that they were at- tempting to negotiate a marriage between one of the prin- cesses of Denmark and the king, paid them the most mark- ed attention ; and, while he represented to James the igno- ble descent from a race of merchants, the barbarous language and strange customs of the Danish monarchs, which render- ed any match in their family degrading to a prince whose lineage was the most ancient in Europe, he condoled with the ambassadors on the usage they received ; and, under a promise of secrecy, informed them of the contemptuous man-

JA.MES VI. 97

ner in which their king and country were spoken of at the BOOK Scottish court, which he represented as a scene of the low- est debauchery, and most riotous excess. 1585.

xxxiv. Enraged at the treatment they received, the am- bassadors were on the point of departing, when they were happily prevented by the interference of sir James Melville ; Explained who, having himself been educated from infancy among b>' sir courtiers, had penetrated the designs, and discovered the Melville, arts of the English envoy. In a confidential conversation, he exposed the artifice by which the king had been misled, and they ill used, and entreated them not to yield to the underhand dealings of their opponents, nor afford them a triumph, and involve the two countries in hostilities, by an abrupt departure. With considerable difficulty he succeed- whounde- ed in undeceiving the king ; to whom he explained the alii- c^vet the ances which Denmark had formed with the most ancient houses on the continent, and the near relationship in which they stood to himself. He likewise represented the deceitful manner in which Wotton had acted, and expatiated on the honour that had been done him, by sending so splendid an embassy. James, who was liable to be influenced by the last speaker, expressed his satisfaction at his information, and said he would not for his head, but that the verity had been shown him.

xxxv. Wotton, counteracted in this attempt, by the supe- w0tton rior dexterity of Melville, bent his attention with greater plots Ar- keenness, to accomplish the more important object of his mission — the removal of Arran from the councils of the king. In this he was aided by a circumstance, not uncommon in these troublous times, but rendered important by the rank of the nobleman who fell. At a meeting between the war- dens on the borders, to arrange their differences, and settle the restitutions, a quarrel ensued, in which sir Francis Rus- sel, son of the earl of Bedford, was killed. Kerr, of Ferni- hurst, the Scottish warden, was accused of being accessory to the murder, at the instigation of Arran, whose niece he had married, and application made to the Scottish king that he should be delivered up ; but Arran opposing this, Wot- ton entered a complaint, which was strongly seconded by the master of Gray, and in consequence, Arran was committed

VOL. III. O

98

HISTORY OF SCOTLAND.

1585.

Banished lords enter Scotland.

BOOK prisoner to the castle of St. Andrews, and Fernihurst to n- Aberdeen. By a bribe to the master of Gray, Arran in a few days procured his liberty, and was permitted to retire to his estate of Kinniel; but before he set out, James contriv- ed to borrow from him a massy gold chain, of considerable value, which he bestowed as a present on the Danish ambas- sadors, who, about the same time, were honourably dismiss- ed. The absence of Arran, afforded Wotton, and the friends of the exiles, the fairest opportunity for maturing their plans, which they did not fail to improve. Their friends were all prepared for their reception, and the whole country directed to expect their arrival. James alone ap- peared ignorant of the plot ; and the first notice he receiv- ed, was information sent to him, while hunting in the neigh- bourhood of Hamilton, that the banished lords had passed the borders, and were joined by Maxwell, with the forces he had raised, to oppose Johnston. Surprised at the intelli- gence, he immediately sent for Arran, and returned to Stir- ling, where he was met by another equally unexpected dis- covery. Wotton, not content with effecting the return of the nobles, had formed the design of seizing the king's per- son in the park of Stirling, and carrying him to England ; but the design being discovered, Wotton departed, " with- out bidding good night ;J1 only he left a letter for the king, in which he alleged the return of Arran to court as his ex- cuse.

xxxvi. Meanwhile, the lords continued to advance. On their entering Scotland, they issued a declaration, which they dispersed widely, explaining the motives by which they were

Their de- impelled to take arms ; these were, — to deliver the king from evil counsellors, restore the liberty of the church, procure the repeal of the late acts, relieve the country from oppres- sion, and preserve the relations of amity with England They also enumerated the crimes of Arran, whom they de- picted in the most odious colours, and charged with having aimed at the crown ;* and classed colonel Stuart along with

* He, m the plenitude of his power, had deduced his descent from Murdac, the regent, who suffered in the reign of James L, and had had the insolence or folly, to renounce formally in parliament, all claim or pretension to the in- heritance of the crown. Spotswood, p. 34,1.

claration.

JAMES VI. 99

him, as the chief corrupters of the king, but named none of BOOK the other attenders at court. This marked distinction, con- nected with the letter left by Wotton, which the king had J5g5 shown Arran, created dissensions among the courtiers. Ar- ran and Stuart immediately accused Gray of being accessory to the plot. Gray denied it stoutly, and to such a height was the quarrel carried, that Arran, with his associates, the earls of Crawford and Montrose, had determined to have assassinated Gray and Bellenden, had they not withdrawn. Meanwhile, the preparations for resistance were either thwarted, or rendered ineffectual ; the castle was unprovi- sioned, and the few troops that had been assembled, were heartless in the cause. Nor were the lords unacquainted with the state of affairs ; they therefore hastened their march, and on the last day of October, 1585, arrived at St. Nin- ians, not quite a mile from Stirling, where they halted, and drew up in order of battle. The gates of the town were shut, and Arran had undertaken to guard the access by the bridge that night ; but by means of their friends, they en- tered the place in another direction, and took possession without resistance. On the cry that the town was taken, Take Stir Arran, having locked the gate of which he had the command, ng* threw the keys into the Forth, and fled. Colonel Stuart at- tempted resistance in the market-place, and might perhaps have turned the fortune of the day, had he been at all sup- ported ; — for the borderers, according to their usual custom, had already separated to examine the contents of the stables, — but his numbers were insignificant, and were quickly dis- persed.

xxxvu. Next day the castle was invested, and being to- Invest the tally unprepared for a siege, the king found himself under the necessity of coming to some agreement. The lords were equally anxious. They declared, — " that nothing was more dear to them than the king's honour and safety ; but, banish- ed their country, robbed of their estates, their friends cruel- ly prosecuted, and all access to his majesty denied, they were forced, in order to save themselves from ruin, to act as they had done ; yet, if admitted into his majesty's presence, they would humbly solicit his forgiveness." When this was reported to the king, who was in no situation to resist any

100 HISTORY OF SCOTLAND.

BOOK demand they might have chosen to make, he appeared gra- n- tified with their submission ; and replied he had never ap- ~~~~~ proved of Arran's violence, although, at the same time, he 1585 could not help being dissatisfied at the line of conduct pur- sued by the lords ; yet, for the sake of public peace, he would pardon and overlook every thing. Only he requir- ed that none who were with him, should suffer harm, parti- cularizing the earls of Crawford, Montrose, and colonel Stu- art ; and if this were provided for, he would willingly con- sent to admit them to an interview. To this the lords an- swered, that if the two earls were removed from his majesty's presence, and committed to the charge of some responsible noblemen, and colonel Stuart dismissed from his office, and it bestowed upon another, they would promise to prosecute Admitted no revenge. These requisitions being consented to, they to the were introduced into the royal presence, when, falling upon sence! ? *" their knees, lord Hamilton, as first in rank, implored his majesty's mercy and favour. The king, in return, thus ad- dressed him : " I never, my lord, ever saw you before, and I must confess, that of all this company, you have been most wronged. You were a faithful servant to my mother, and in my minority, when I was incapable of judging, you were in- deed hardly used. As for the rest of you, your own conduct procured your sufferings ; yet, as I believe none of you meant any harm to my person, I give you all my hand and heart ; and I will remember nothing that is past, provided for the Pardoned future you behave as dutiful subjects." A pardon in the and receiv- most ample form was then granted them, and next day pub- vour. licly proclaimed by sound of trumpet. The earls of Craw- ford and Montrose were committed to the charge of lord Hamilton, who was also appointed governor of Dunbarton castle ; colonel Stuart was allowed to retire, and the com- mand of the guard was given to the master of Glammis , Stirling castle was entrusted to the earl of Mar, and the castle of Edinburgh to sir James Hume of Coldinknows. So soon as these arrangements were settled, a parliament was summoned to meet at Linlithgow, to establish the tran- quillity of the country. At this parliament, the king's par- don was ratified, the forfeitures reversed, and the returned nobles restored to all their honours and estates. Arran, de-

JAMES VI. 101

prived of his title, which reverted to the right owner, strip- BOOK ped of the fruits of so many crimes, and declared a public enemy, protracted for some time his wretched existence in a 1585. distant corner, under his original obscure name of captain Ar71'{ de" James Stuart ; by which he must in future be designated, and which it had been happy for him he had never exchang- ed for another.

xxxvin. As the redress of the grievances of the church had constantly formed a leading feature in all the proclama- tions the nobles had published, this formed part of their pe- tition at first, and the king had acceded to it in general terms. But, as he had a known antipathy to the ministers, secretary Maitland, who soon discovered, that if their own claims were agreeably adjusted, the nobles would not be too rigorous in their stipulations for the church ; previously to the meeting of parliament, concerted with them, to grati- fy him in this, as well as in the lenity shown to the mem- bers of the late atrocious administration.* In consequence the king appeared resolute to support the arbitrary laws enacted under Arran's influence, and would not hear of their repeal, as trenching on his prerogative. The nobles,

* James identified his own character with that of the administration, by the affection he retained for the worthless favourite, after his dismissal. This is mentioned by H. Woddryngton, in a letter to secretary Walsingham, Jan- uary 7th, 1585, and by the French ambassador, in a letter to D'Esneval, Oc- tober 3Ist, 1586. Nor did he fill up the office of chancellor, vacant by his dismissal, but created secretary Maitland vice chancellor, apparently in hope of his return. M'Crie's Life of Melville, p. 351. Note. Two anecdotes, for which we are indebted to the research of Dr. M'Crie, still farther establishes this identity of the king and his servant, by the savage inhumanity,. and callous want of principle which they exhibit. The countess of Gowrie, after the ex- ecution of her husband, having been several times repulsed in her suits on behalf of her children, one day met the king, and " reaching at his cloak to stay his majesty, Arran putting her from him, did not only overthrow her, which was easy to do in respect of the poor lady's weakness, but marched over her, who, partly with extreme grief, and partly with weakness, swooned presently in the open street, and was fain to be conveyed into one of the next houses, where, with much ado, they recovered life of her." Davidson to Walsingham. William, prince of Orange, the patriotic assertor of the liberties of the Low Countries, fell at this time, by the hands of a hired assassin. When the news came to Scotland, the king said openly, that the prince had met with such an end as he deserved, and the greater part of the court rejoiced at the event. Life of Melville, vol. ii. pp. 327, 328.

102

HISTORY OF SCOTLAND.

BOOK IIg

1585.

bthe church.

Ministers the king.

with the exception of the earl of Angus, basely sacrificing their honour to their interest, deserted the church, whose most eminent preachers had suffered so much in their cause ; anc* instead of any acts Deing past in their favour, they en- forced the one which was considered the most tyrannical of the whole ; and annexed the punishment of death, to be ex- ecuted with all rigour, against such as should publicly or privately speak to the reproach of the king's person or go- vernment, or should misconstrue his proceedings. Perhaps the nobles, who were extremely solicitous to ingratiate themselves with the king, might think they were in some measure relieved from the obligation of their promises, by an unfortunate dissension which arose between the ministers who had left the country, and those who remained. In a sermon preached by one of the former at Linlithgow, he introduced the subject of the bond, and blamed the subscrib- ers ; Craig, one of those who had subscribed, in a subse- quent discourse, delivered before the members of parliament, replied, and defended their conduct, blamed the ministers who had fled, and maintained the doctrine of the royal pre- rogative in its widest extent. The dissension was allayed by the interposition of the more moderate, but Craig's ser- mon could not be recalled ; and the doctrines which had been openly advocated, and the arguments which had been used in the pulpit, afforded, I am inclined to believe, a handle to the nobles for declining to interfere in the busi-

ness.

xxxix. Repulsed by the nobles, the ministers waited on ^e king, by whom they were most ungraciously received. At his desire, they drew up animadversions upon the acts of parliament, which they delivered in writing; and his ma- jesty spent a whole day in his cabinet, in writing a reply to them with his own hand ; in which he commences with this declaration, which he said should be as authentic as an act of parliament. " I for my part, shall never, neither my posterity ought ever, cite, summon, or apprehend, any pas- tor or preacher, for matters of doctrine in religion, salva- tion, heresies, or true interpretation of the scripture ; but according to my first act, which confirms the libertie of preaching the word, and ministration of the sacraments, I

JAMES VI. 103

avow the same to be a matter mere ecclesiastical, and alto- BOOK gether impertinent to my calling; and disclaim for myself M< and posterity, all power and jurisdiction." He then defines 1535.

what he understood by a bishop. " I allow not a bishop ac- Hu™WT

J to their re-

cording to the traditions of men, or inventions of the pope, presenta-

but only according to God's word ; not to tyrannize over his tlon" brethren, or to do any thing of himself, but with advice of his whole diocese, or at least with the wisest number of them, to serve him for a council ; and to do nothing alone, except teaching the word, administering the sacrament, and voting in parliament;" and he thus concludes, "I confess and ac- knowledge Christ Jesus to be the head and lawgiver of his church ; and whatever person arrogates to himself as head of the church, and not as member, to suspend or alter any thing which the word of God has only committed to them, that man, I say, committeth manifest idolatry, and sinneth against the Father, in not trusting the word of his Son ; against the Son, in not obeying him, and taking his place; and against the Holy Ghost, the said Holy Spirit bearing contrary record to his conscience." To this declaration there was no reply made ; and as the parliament was an- xious to rise, the meeting of ministers also dissolved, having jresented by their commissioners, a supplication to the king, n which, after praising God for his majesty's judgment and cnowledge, they craved that the weighty subject of establish- ng, upon a permanent basis, the perfect policy and govern- They again ment of the church, might be gravely considered in a con- supplicate erence of the most learned and pious men within the realm ; and that, till next parliament, they might have liberty to hold their ordinary assemblies, and exercise their discipline, as jefore the restrictive acts were passed ; that all ministers and masters of colleges should be restored to their charges and ivings.

XL. When the parliament, from which such great things lad been expected, separated, without having enacted one statute to secure the civil or religious liberty of the country, Their dis Vom being again laid prostrate at the nod of the monarch, appoint- or of any minion he might choose to exalt; the clergy, who m aad most severely felt the yoke, and who knew the value of the king's promises, were sorely disappointed ; and some of

104 HJSTOUY OF SCOTLAND.

BOOK the more violent among them, gave public vent to their in- IL dignation. In particular, James Gibson, minister of Pen- 1585. caitland, in a sermon which he preached at Edinburgh, used the following indecorous, though perhaps not altogether Violent unfounded expressions. " I thought that captain James Gibton! °f Stuart, lady Jezebel his wife, and William Stuart, had per- secuted the church, but now I have found the truth, that it was the king himself. As Jeroboam and his posterity were rooted out for staying of the true worship of God, so, I fear, that if our king continue in his present course he shall die childless, and be the last of his race." For this lan- guage, he was called before the privy council, and declared, in terms of the late act, to have been guilty of treason. He was committed to prison, but shortly after liberated.* Ludicrous A more ludicrous scene took place in the High Church a conduct of jpew dayS after. Balcanquhall, in the course of his sermon, having attacked the order of bishops, the royal polemic arose, and demanded what scripture he had for his asser- tions ? Balcanquhall replied he could bring plenty ; the king denied it, and offered to wager his kingdom that he would prove the contrary. The divine not appearing an- xious to take the bet, his majesty sat down triumphantly, adding: "It was a custom of ministers to busy themselves with such causes in the pulpit, but he would look after them And, in pursuance of his promise, sent for the preacher to the palace, and argued the subject with him for more than an hour.

Adamson, XL1- Adamson, archbishop of St. Andrews, first felt the archbishop effects of the restoration of the church courts. He was a drews. man °f considerable ability, a polite scholar, an elegant poet, and an attractive preacher ; but immoderately ambi- tious, and of a very doubtful private character. At the es- tablishment of the Reformation he was settled minister of Ceres in Fife, but gave up his charge to accompany the eld- est son of sir James Macgill, clerk- register, on his travels

* Gibson was afterward brought before the general assembly, and having promised to make satisfaction, but failed, he was again summoned, and having neither sent a reasonable excuse, nor appeared himself, he was declared con- tumacious, and suspended. Calderwood, p. 221.

JAMES VI. 105

to France ; and during his residence in that country, ap- BOOK plied himself to the study of law. On his return to Scot- **• land he practised at the bar, but gave it up, and accepted 1596. the living of Paisley, from which he removed to become chaplain to Morton ; who, on the refusal of Melville to ac- cept the dignity, appointed him to the see of St. Andrews. In the assembly which met in October, 1576, he affirmed he did not intend to prosecute his presentation, but before their next meeting he was installed in the archbishopric and pri- macy of all Scotland. After much shifting and tergiversation, His tergi- he submitted to the general assembly, and subscribed the versatlon' book of discipline, concerning episcopacy and church go- vernment ; but afterwards, being sent on a mission to Eng- land, his high episcopalian views were confirmed, and on his return to Scotland, he acted as chief promoter of those statutes by which presbytery was overturned ; and strenuous- ly defended by his pen, the worst deeds of the late adminis- tration.

XLII. At a meeting of the synod of Fife, Mr. James Mel- Accused in

ville, in his opening sermon, attacked Adamson, who was tlie 8YnoA

* . ' of Fife,

present, and accused him ot overthrowing the scriptural go- vernment established in the church of Scotland, and exer- cising an unlawful office. The synod immediately adopted the preacher's invective as charges against the archbishop, and, although he declined their authority, put him upon his trial. He then objected to several members, as his declar- ed enemies, being allowed to sit in judgment ; and on this objection being overruled, he protested and appealed to the general assembly. Notwithstanding which, the synod pro- ceeded, and a sentence of excommunication, which Dr. Ro- Excommu- bertson characterizes as " equally indecent and irregular," n'cated. was pronounced against him.* The archbishop, in return, excommunicated Melville, and several others of his oppo- nents, a proceeding not less precipitate and improper ; and He retorw. at the same time, appealed to the king and privy council. The king declined the appeal to himself, and referred the whole to the decision of the general assembly ; who, with- out entering into the merits of the question, agreed to remove

* History of Scotland, Book vii. VOL. III. P

106 HISTORY OF SCOTLAND.

BOOK the sentence of excommunication, on the bishop's disclaim- IL ing all supremacy over the church ; acknowledging his er-

ror in advancing any such pretensions, if he ever did so ;

craving pardon for his imperious behaviour and contempt of the synod of Fife ; and promising, in time coming, to con- duct himself as a pastor ought, suitably to the character of a bishop, as described by Paul, and to submit his life and doctrine to the judgment and censure of the general assem- bly, without reclaiming or appealing from its decision. On the archbishop's subscribing a declaration to this effect, the assembly declared they held the sentence of the synod of

The mat- Fife as unpronounced, and restored the bishop to the state

ter com- ^ • jmme(Jiately before. Notwithstanding this was the

promised. • r n •

most prudent measure they could have followed, in counter- acting the bad tendency of proceedings both violent and rash, yet some of the members protested against the act ; and the king is represented, by Spotswood, as having given a deceit- ful consent, temporizing in the hope of being able, at some future period, to restore the bishops to their full authority and power.

XLIII. Previously to the meeting of the general assembly, the king, who used every means in his power to introduce his favourite episcopacy, appointed a conference between se- veral of the most moderate of the ministers, and some mem- bers of the privy council. At this conference a number of articles were agreed upon, preparatory to bringing the polity of the church under the consideration of the assembly, in Arrange- which the name and office of bishop was allowed, but his "ectln™" roinistrations were to be confined to one congregation ; he bishops. was to act as moderator of the presbytery within whose bounds he resided, and possess the right of visitation, but under their control; and his life and doctrine were sub- ject to be tried by the general assembly. These propositions were now laid before the assembly, and in substance adopt- ed.

XLIV. About this time, the king incurred heavy and merit- ed censure, for his unaccountable conduct to Archibald Douglas. This man was deeply implicated in the murder of his father, but having made his escape, had fled into England six years before. The earl of Morton, and Bin-

JAMES VI. 107

nie, a servant of his own, both of whom were executed for BOOK being privy to the deed, declared that he was present at _ the perpetration of the crime, and James had often re- 1586. quired Elizabeth to deliver him up, which she had refus- Dougiaslfc- ed ; yet now he obtained the king's license to return to quitted of Scotland, and stand a mock trial, when, being declared in- ^JJ^ s nocent by a jury, he was not only received into favour, but sent back as ambassador to the court of the English queen.

XLV. While James was more eager upon settling the con- troversies of the church, than attentive to the civil adminis- tration of his kingdom, the internal state of the nation pre- sented a melancholy picture of lawless outrage. During the summer a feud arose between the chief of the M'Leans and the chief of the M'Niels, which exhibits, in a striking point of view, the feebleness of the government, and the barbar- Feud be-

ism of the highlands and isles. M'Lean, who was married l™e? n tne ° M 'Leans

to a sister of M'Niel's, had received his education on the and the

continent, and by his superior civilization, his suavity ofM'Niels* manners, and style of living, was highly beloved in that quarter. M'Niel, piqued at his popularity, had frequently quarrelled with him ; and, at last, to such a height did his envious feelings rise, that he determined to satiate his ran- cour with his blood. In order to accomplish this savage purpose, he laid a plan of the most detestable deceit. He sent a message to his brother-in-law, proposing that they should lay aside all animosity, and henceforth live in that harmony which became persons so nearly related ; and to show to the whole world their reconciliation, he offered to spend a few days in conviviality at his house, provided he would promise to return with him, and do the same at his. M'Lean replied by the messenger, that he would receive his visit with pleasure, and as to his repaying it, they could talk about that at meeting. On receiving his answer, M'Niel came next day, and was cordially welcomed by M'Lean, with whom he spent some time in the greatest seeming cor- diality; and whence was about to depart, insisted on M'Lean accompanying him, offering to leave his eldest son and bro- ther-german as pledges for his safety. M'Lean, overcome by his importunity, at length consented to go ; but refused to

108 UI8TOKY OF SCOTLAND.

BOOK accept any pledge, lest he should seem to distrust his kins- «. man's professions. Accordingly he set out along with him, 1586 accompanied by about forty-five of the principal men of the clan.

XLVI. They arrived at Kintyre, M'Niel's residence, early in the morning, and the day was spent in feasting and mer- riment. At night, after they had retired to rest, M'Niel beset the house in which M'Lean and his company were lodged ; and calling for them, invited them to come and re- new the conviviality. M'Lean replied, they had already drunk enough, and wished to be left to their repose, as it was now time to go to sleep. But it is my will, said M'Niel, that you rise and come out. On which M'Lean, suspect- ing treachery, arose, dressed himself, and opened the door ; when perceiving M'Niel standing with his sword drawn, M'Niel's he asked him if he meant to break his faith ? I gave no perfidy. faith, said the inhospitable savage, and I now mean to have my revenge on you and yours for the wrongs I have suffer- ed. M'Lean had that night taken his nephew, a little child, to bed with him, and being put to his defence, held the boy upon his left shoulder as a target. M'Niel, per- ceiving that he could not hurt M'Lean without injuring his son, and the child crying for mercy to his uncle, promised to spare his life if he would give up his weapons, and sur- render himself his prisoner. M'Lean who saw no other al- ternative, yielded to the ruffian, and was conveyed to a place of confinement. His attendants, with the exception of two, submitted to necessity, and followed the example of their chief. These two defended the door with such obsti- nate desperation, that the banditti found it impossible to force it ; and in their rage set fire to the house, which was burned, together with its resolute defenders. They who had submitted to the mercy and promise of the barbarian, were brought out, part next morning, and the remainder on the day following, and beheaded in presence of M'Lean. M'Lean himself, who was reserved for the same fate, would have perished also, but M'Niel was disabled by a fall from his horse, and the execution was delayed. In the interval, information was sent to the king of the horrible transaction, who immediately despatched a herald to demand that

JAMES VI. 109

M'Lean should be delivered to the earl of Argyle ; but the BOOK message was treated with contempt, and the unfortunate chief detained, and compelled to yield to the most unrea- 1586< son able conditions before he obtained his liberty. No soon- er, however, had he regained it, than, regardless of his ex- torted engagements, he entered M'Niel's domains with fire and sword, and massacring without distinction, man, wo- M'Lcan's man, and child, took a cruel revenge on the wretched revenge, dependants, for the infamous treachery of their barbarous lord. Not long before this, the earl of Eglinton, a young lobleman of the highest expectations was assassinated by ome of the Cunninghames, which was also the occasion of much bloodshed.

XLVII. The nobles, who now surrounded the king, were ittached to England, both by interest and inclination; and anxiously promoted every measure to preserve peace be- ween the two nations. The treaty which had been propos- ;d last year, was now concluded by commissioners from the Treaty wo sovereigns, who met at Berwick, in the month of June, with Eng« 586.* The preamble to the treaty set forth the combina- ion of the popish princes, for the extirpation of the true re- igion, as the occasion of this " straiter friendship ;" and its object was declared to be the defence of the evangelic reli- gion. The chief stipulations were : — that it should be offen- sive and defensive against all who attempt to disturb the ex- ercise of true religion within the two kingdoms, notwith- standing any leagues existing between the aggressor and either of the contracting parties ; that in case of invasion, mutual aid should be afforded according to the following

stipulations : If England were invaded in parts remote from ,

Its stipula- •Scotland, the (Scottish king should, when required, send a tions.

>ody of forces, not exceeding two thousand horse, and five thousand foot, into any part of England at the expense of the queen ; in like manner, if Scotland should be invaded, the queen of England should send a body of forces, not ex- ceeding six thousand foot, and three thousand horse, to be

* The commissioners for Scotland were, Francis, earl of Bothwell, lord Boyd, and sir James Home of Cowdenknowes ; for England, the earl of Rut- and, lord Evers, and sir Thomas Randolph.

110 HISTORY OF SCOTLAND.

BOOK supported by the Scottish king; or that if England should H» be invaded on the north, within sixty miles of Scotland, the 1586. Scottish king, when required, should assemble the whole ol his array, and keep them in the field for thirty days, or ii necessary, for as long as his subjects are bound to fight in defence of their own country ; and if Ireland were invaded, none of the inhabitants of the highlands, or the isles, were to ; be allowed to pass over to assist the queen's enemies. The other articles referred to the preservation of tranquillity on the borders, and provided for the amicable adjustment of any disputes which might unfortunately arise. In pursuance of which arrangements, the earl of Angus, the most virtuous and patriotic of the Scottish nobles, was appointed lieutenant of the marches, and had a sufficient force, both horse and foot, allowed him to suppress the thieves, and restrain the turbulent.

Its stabili. XL viii. This treaty, so necessary for Scotland, and so ad- ty threat- vantageous for both kingdoms, was highly grateful to the people; and as Elizabeth had accompanied it by a letter, written with her own hand, assuring the king, that nothing should be allowed to take place which might derogate from his right and title to the English crown, it had every appear- ance o£ being long and sincerely adhered to ; when a cir- cumstance took place, which, had James been a prince of any spirit, would never have been attempted by Elizabeth, or would have rendered peace impracticable, the union with England more hopeless than ever, and probably overturned the throne of one or other of the sovereigns — the trial and execution of Mary, queen of Scots. But it is necessary to go back a little.

Treatment XLix. Worn out with the accumulated afflictions of disap- of Mary. pOinted hope, long confinement, and bodily distress, Mary, who had now passed the meridian of life, was become more humble in her wishes ; and professing to lay aside the am- bition of reigning, appeared anxious to obtain only a little more liberty, and to spend the remainder of her chequered life in dignified retirement ; with the name and rank, but without the authority or pomp of a queen. She proposed to Elizabeth, that she should be associated with her son in the title to the crown of Scotland, but that the administra-

JAMES VI. Ill

tion should remain wholly in him; while she herself was con- BOOK tent to remain in England, under the inspection of the Eng- H- lish court. To this proposal, Elizabeth returned no answer, so lono- as Lennox was in favour, and there was any pro- bability of its being acceded to by the Scottish administra- tion ; but immediately on his dismissal, and when she knew any proposition of the kind would never be listened to in Scotland, she pretended to accede to Mary's proposal ; and alleging that no obstacle prevented an entire accommoda- tion, if the Scottish council would concur, she ordered her ambassador, Bowes, to open a negotiation, but without allowing any person to appear in behalf of the captive queen. As she anticipated, the privy council of Scotland incurred the odium of a refusal ; and James himself was induced to declare, that he never had listened to any proposals for an accommodation with his mother. This transaction must have convinced Mary, — had she needed to be convinced, — of the duplicity of Elizabeth, and of the vanity of expecting any mitigation to the rigour of her fate from that quarter ; and Elizabeth, who had with feline cruelty sported with the feel- ngs of her prisoner, could not venture to intrust her with li- serty. It was, therefore, natural for Mary to hearken to every overture that promised her freedom, and to enter into any correspondence, from which she could hope to derive the means of escape ; and it was as natural for Elizabeth, who must have intensely hated the woman she had so deeply injur- ed, to suspect her as connected with every conspiracy that was either feared, or discovered in her kingdom. Had her own iubjects been united, perhaps time, and the sufferings of Mary might have softened her ; but the zeal of the Roman catholics, irritated by being deprived of power, daily threat- ened insurrection or assassination, and personal fear knows no pity. Her safety demanded, that she, to whom the Ro- manists looked up as their lawful queen, and whose sufferings they attributed to her attachment to their religion, should not Oe placed in a situation to hold direct communication with them ; and while it is impossible to justify the tantalizing treat- ment she received, it must be allowed that Elizabeth, after mving first used her ungenerously, was constrained by policy o use her unjustly.

112 HISTORY OF SCOTLAND,

BOOK L. Deprived of all means of directly communicating with IL any of her partisans, the ingenuity of the Scottish queen had

found means of holding a private correspondence with them ;

and as this was a constant object of dread to Elizabeth and her ministers, informers, spies, and counterfeit letters were employed to discover the secrets of the unhappy Mary. In the course of these precautionary measures, a letter was in- Throck- tercepted from Francis Throckmorton, a Cheshire gentleman, morion's addressed to the queen of Scots, on which he was immediate- ^SaCy ly taken into custody. Among his papers were found two queen jjsts? one of the principal harbours in the kingdom, their situ- ation and soundings ; the other of all the eminent Roman catholics in England. At his first examination, he denied all knowledge of any conspiracy, and although tortured, still maintained his innocence; but when the rack was produced a second time, he confessed his secret correspondence with the Scottish queen, and discovered a design to invade England, formed by the pope, the duke of Guise, and the king of Spain. The English exiles were to accompany the invading force, the papists at home were to join them on landing, and Men- doza, the Spanish ambassador, was employed in hastening the crisis, by encouraging the disaffected in the country, and conducting the correspondence with the continent ; but this confession he disavowed at his trial, as having been forced from him through fear. Induced by the hope of pardon, he returned to it after sentence was passed upon him ; but at the place of execution, when he had nothing to fear or hope, he solemnly retracted it before he suffered ; and subsequent events have shown that there is a strong probability of the whole having been a fabrication. This plot, however, real or fictitious, furnished Elizabeth with a pretext for increasing her severity towards the Scottish queen.

LI. Scarcely were the terrors occasioned by Throckmor-

ton's conspiracy abated, when the public apprehensions were

Auotker again roused by a new discovery. One Crichton, a Jesuit,

conspiracy. on njs passage from pjan<iers to Scotland, was chased by a

pirate, and he in confusion, tore some papers to pieces, and

threw them away ; but by some extraordinary accident, the

wind blew the pieces back into the vessel, on board of which

he was, and they were picked up by some of the passengers,

JAMES VI. 113

who carried them to sir William Wade, clerk of the privy BOOK council, late ambassador at the Spanish court ; he, with great industry, joined them together, and found that they 1586. contained the account of a plot, formed by the king of Spain, and duke of Guise, for invading England. The circumstances attending this story, render it still more doubtful than the declaration of Throckmorton, but it answered the same pur- pose ; it pointed the indignation of the people of England against the queen of Scots, and awakened their fears and af- fections for their own sovereign.

LII. While these feelings were inflamed, an association was Her nobles formed by the earl of Leicester, and other courtiers, to de- f^*,, £".d fend the queen against all her enemies, foreign and domes- fence, tic, and a bond was framed, the subscribers to which, en- gaged by the most solemn oaths: — "That if any violence should be offered to her life, in order to favour the title of any pretender to the crown, they not only engaged never to allow or acknowledge the person or persons by whom, or for whom, such a detestable act should be committed, but vowed in the presence of the eternal God, to prosecute such person or persons to the death, and to pursue them with their utmost vengeance, to their utter overthrow and extir- pation." Mary, alarmed at the danger which she saw threat- Mary's re- ening her safety, requested permission to sign the bond ; q.uest. to but instead of any attention being paid to her request, or fused, any alleviation given to her sufferings, she was removed from the charge of the earl of Shrewsbury, — a nobleman who had fulfilled his trust with fidelity, but with humanity, for fifteen years, — and given in custody to sir Amias Paulet, and sir Drue Drury, men of inferior rank, whose dependence and ex- pectations would enforce the most severe vigilance, and the most rigid execution of the harshest orders.

LIII. Another conspiracy, with which Mary had no con- cern, occasioned an act of the English parliament, that ul- timately brought her to the block. William Parry, a doc- Parry's

tor of laws, and a Roman catholic, who had been condemn- con?Pira<y , f . , against Eh-

ed tor some capital crime, but pardoned and allowed to tra- zabeth.

vel, set out for Italy. At Milan he became acquainted with Palmio, a Jesuit, who persuaded him that he would perform not only a lawful, but a meritorious action, if he took away

VOL. III.

114

HISTORY OF SCOTLAND.

BOOK

Ii586>

the life of the sovereign who had spared his. Campeggio, the pope's nuncio, approved also of this pious deed. Pass- ing to Paris, he was still farther encouraged by Thomas Morgan, a gentleman of great credit in the party, and Ra- gazzoni, the papal nuncio in that capital. Hence he wrote to the pope, informing him of his design, and craving abso- lution, and his paternal benediction ; and through cardinal Como, received a plenary indulgence, and an answer that his design was highly applauded. When he arrived in Eng- land, he procured an introduction to the queen, and entreat- ed her to relax somewhat of her severity towards the Roman catholics. He likewise got himself elected a member of the house of commons, where he made some violent ha- rangues against the severe laws for restraining papists. At length, when he found all his attempts unsuccessful, he de- termined to carry his desperate design into execution ; and he communicated his intentions to Nevil, who entered zea- lously into the plan, and was ambitious to share in the merit of its execution. A treatise published by Dr. Allan, after- wards created a cardinal, confirmed them in their purpose ; but still some lingering hesitation, arising from the remains of moral feeling, which all the sophistry of Rome had not been able quite to eradicate, induced them to allow several favourable opportunities for assassinating the queen to escape ; and in the mean time, the earl of Westmoreland happening to die in exile, Nevil, who was next heir, and whose zeal had been stimulated by his poverty, conceiving that by some extraordinary service, he might recover the forfeited estates and honours, which he wisely deemed pre- ferable to martyrdom in the cause of papacy, revealed the conspiracy to Elizabeth's ministers ; and Parry being appre- hended and brought to trial, confessed his guilt, and suffered the last punishment of the law.

LIV> These repeated conspiracies were calculated to keep English alive a constant agitation in the country. Under such] fetal*™6"* alarming circumstances, when parliament met, the statute Mary. alluded to, passed ; enacting, " that if any rebellion shall be excited in the kingdom, or any thing attempted to the hurt of her majesty's person, by, or for any person pretending a title to the crown, the queen shall empower twenty-four per-

Statute of

JAMES VI. 115

sons, by a commission under the great seal, to examine in- BOOK to, and pass sentence upon such offences ; and after judg- ment given, a proclamation shall be issued, declaring the 1586. person whom they find guilty, excluded from a right to the crown, and her majesty's subjects may lawfully pursue every one of them to the death, with their aiders and abettors ; and if any design against the life of the queen take effect, the persons by or for whom such a detestable act is executed, and their issues being in any wise assenting, or privy to the same, shall be disabled for ever from pretending to the crown, and be pursued to death in the like manner." This act, of which it would be difficult to say whether it be more cruel or unjust, was so plainly levelled at Mary, that she immediately considered it a warning to prepare for the worst ; and from that time she seems to have looked forward to her destruction as resolved upon, although it does not appear she ever dreamed that she would present the novel and un- precedented spectacle of a sovereign prince being brought to trial before the bar of another, whose subjects were to be her judges.

LV. Motives of policy may account for, or extenuate the grand injuries of imprisonment, or of death, which Elizabeth inflicted on her rival ; but it is difficult to conceive any rea- sons, except such as degrade her character, that could in- fluence her in rendering the few remaining days of her less fortunate cousin more wretched, by removing the only plea- sures which her situation admitted — the attendance of her Her more

confidential servants, and liberty to distribute her alms rigorou*

. • r P * treatment,

among the poor ; destroying every vestige or comfort, by con- fining her, during the depth of winter, to two cold, misera- ble chambers, after years of imprisonment had broken her constitution; and by adding insult and indignity to the other hardships of her lot. Nor can it be alleged, that these outrages upon humanity, were committed without the knowledge of Elizabeth ; for Mary often expostulated, in the high unbroken spirit of a queen, with her oppressor, but her letters were treated with neglect ; and it was not till Castlenau had remonstrated with vigour against the indigni- ties to which she was exposed, that his importunity prevailed

11({ HISTORY OF SCOTLAND.

BOOK in procuring her removal to more tolerable lodgings at Til-

!'• bury.

1686> LVI. One bitter ingredient was only wanting, to fill up the cup of Mary's suffering; and that, at the instigation of Eliza- beth, was mingled by the hand of her son. James was per- suaded by Gray, upon his return from England, to write his mother, whom he had hitherto treated with respect, a harsh Ungrateful and cruel letter, refusing to acknowledge her queen of jSmes*0^ Scotland» or to consider her affairs as connected in any manner with his. Indignant at this undutiful behaviour, in the anguish of disappointed affection, she gave vent to her sorrow, in a letter to the French ambassador. "Was it for this,51 said she, " that I have endured so much, in or- der to preserve for him the inheritance to which I have a just right ? I am far from envying his authority in Scotland. I desire no power there, nor wish to set my foot in that king- dom, if it were not for the pleasure of once embracing a son I have hitherto loved with too tender affection. Whatevei he either enjoys or expects, he derives it from me. Froir him I never received assistance, supply, or benefit of anj kind. Let not my allies treat him any longer as a king, h< holds that dignity by my consent ; and if a speedy repent ance do not appease my just resentment, I will load him wit! a parent's curse, and surrender my crown with all my pre tensions, to one who will receive them with gratitude, anc defend them with vigour."

ivn. But the long protracted sufferings of the Scottisl

queen were now drawing to a close ; and a conspiracy ori

Roman ginating in the fiery zeal of the Roman catholics, and theii

conspiracy natred to Elizabeth, intended to procure Mary liberU

«gamst and the throne of England, led her to the scaffold. The Elizabeth, ™ ,. , . ° i • • n i • i_

Jiinglisn seminary at Khiems, innamed with rage agains

the queen of England, whom they considered as the chief ob- stacle to the restoration of their religion, had adopted the fanatical notion, that the bull of pope Pius V. by which he excommunicated and deposed that princess, was dictated by the immediate inspiration of the Holy Ghost. The assas- sination of heretical sovereigns was inculcated as a sacred duty, the accomplishment of which, or even a failure in the

JAMES VI. 117

holy attempt, entitled the worthy son of the church to the BOOK gratitude of all her members ; and insured his entrance into H- the society of the saints and martyrs, and the inheritance of 1596. an eternal crown of glory. Dr. Gifford, Gilbert Gifford, and P1an»ed b Hodgson, who had been educated at that college, imbibed these wild doctrines, and instilled them into the mind of John Savage, a man of desperate courage, who had served some years in the Low Countries, under the prince of Parma. Elevated by these enthusiastic reveries; and the exhortations of the priests, Savage bound himself by a solemn vow, to murder Elizabeth.

LVIII. About the same time, John Ballard, a trafficking priest of that seminary, returned to France, from a mission in England. In his progress through that kingdom, he had observed the universal spirit of discontent which animat- ed the Roman catholics, who only wanted a leader, and a little assistance from abroad, to break out into open insurrec- tion ; and upon this he had built a project for overturning the throne of Elizabeth, advancing Mary to her place, and re-establishing the ancient religion. He communicated his ideas to Mendoza, the Spanish ambassador in Paris, who strongly encouraged him to expect assistance from his mas- ter, and the duke of Guise. But Charles Paget, a zealous Englishman of the same communion, and a devoted partisan of the queen of Scots, strenuously insisted upon the removal of Elizabeth, and the deliverance of Mary, as necessary pre- liminaries to the re-establishment of the Roman catholic re- ligion in England. Ballard was, in consequence, sent back, furnished with an introduction to Anthony Babington, a Babin^ton young gentleman of good family, and large property, in engages iu the county of Derby, a zealot for the Romish faith. ^ While in France, Babington had got acquainted with the bishop of Glasgow, Mary's ambassador at that court, and some other of her exiled adherents ; by whose representations his young and warm mind was so much interested in the fate of the unfortunate queen, that he was recommended to her without his knowledge, as a person well qualified for her ser- vice. On his return to England, she wrote to him a confi- dential letter, and for some time he was the medium through whom her foreign correspondence was managed ; but after

118 HISTORY OF SCOTLAND.

BOOK she was committed to the custody of sir Amias Paulet and H> sir Drue Drury, their vigilance rendered it unsafe, and he 158(5< desisted for some time from attempting to do any thing in that business. Subsequently, when Ballard arrived, he wait- ed upon Babington, and imparted to him the design of invad- ing England, and placing the queen of Scots upon the throne. Babington, whose views were similar to those of Paget's, im- mediately represented the impracticability of any attempt to overturn the established order of things during the life of Elizabeth, and Ballard, in return, acquainted him with the vow which Savage had made. He, however, considered this as too great an attempt to be intrusted to one individual, and proposed to join five others in the desperate enterprise along with him ; which being agreed upon, he engaged Barn- Plan of the well> of a noble family in Ireland, Charnoc, a gentleman ot compira- Lancashire, Abington, whose father had been cofferer to the household, Charles Tilney, the heir of an ancient family, and Tichbourne of Southampton, to assist in the assassination oi the queen ; while he, at the same time, joined by Edward Windsor, brother to the lord of that name, Thomas Salis- bury, Robert Gage, John Travers, John Jones, and Henry Donne, all of them men of good families, united together by the bonds of private friendship and religious zeal, would effect the rescue of the queen of Scots, by attacking her guards with a hundred horse, when she should be taking art airing.

LIX. While the conspirators were maturing their plans, a they thought, with the most profound and impenetrable se crecy ; not a step that they had taken was unknown to th Discovered sagacious Walsingham. He had in his pay Maud, a Roma . catn°lic Priest, who accompanied Ballard to France, and in formed him of the outline of the plot; Polly, another of his spies who pretended great zeal for the cause, had engaged in the conspiracy for the purpose of betraying it ; and daily reported to the secretary the proceedings of the conspirators. But still the whole extent of the conspiracy was not known when Gifford, the priest, arrived in England, to invigorat the resolution of Savage, and manage the correspondence o Mary.

LX. From some motives of interest or remorse, this un

JAME6 VJ. 119

principled seducer turned informer, and transferred his ser- BOOK. vices to the ministers of Elizabeth. He was employed by the conspirators to manage a private correspondence with 1586. Mary, and to inform her of their designs, and he immediate- ly applied to Walsingham to afford him facilities for carrying it on. Walsingham directed him to sir Amias Paulet, and proposed that Paulet should connive at Gifford's corrupting one of his servants ; but Paulet's stern integrity would not consent to allow any of his servants to be tampered with, A brewer, however, who supplied the family with ale, was brib- ed to carry letters to the captive queen, which were thrust through a chink of the wall, and answers returned by the same means. The letters thus conveyed were all subjected to the inspection of Walsingham ; who, after opening them and taking copies, sealed them so carefully that the deceit could not be perceived, and forwarded them regularly to their destination. Babington, in his letters, informed Mary of all their plans for her escape, for the assassination of Eli- zabeth, and the projected insurrection ; and she, in reply com- mended his zeal for the Roman catholic religion, approved of their designs, and promised the highest rewards to the gentlemen who were to carry them into execution. Besides the letters, Walsingham became possessed of another means of detection, by which, after being already acquainted with the names, he became also acquainted with the faces of the conspirators. Babington, with a folly which tends greatly „ ,. to invalidate the accounts given of his superior ability, had ton's folly, caused a picture to be painted of himself standing in the midst of the six assassins, with this motto affixed : — Quorsom hac alio properantibus ? Of this picture Walsingham ob- tained a copy, which was brought to Elizabeth, and so well was it performed, that one day, when walking abroad, she recognised Barnwell, one of the conspirators.

LXI. Every thing being now arranged, Babington became impatient for the arrival of the foreign auxiliaries, and fur- nished Ballard with money to proceed to France, and urge their departure ; but as it was difficult to obtain a passport, he procured an introduction to Walsingham, and applied to him for two, one for Ballard, under a feigned name, and one for himself. Affecting great loyalty for the queen, and pro-

\-20 H1STOKY OF SCOTLAND.

BOOK, mising, from his connexion with the Roman catholics abroad, ' IL to procure important information respecting their designs, 1586. Walsingham allowed him to proceed ; pretended to give cre- dit to his professions, treated him with the greatest apparent cordiality, expressed a high value for his proffered services, and promised him an ample reward ; at the same time, gave him reason to expect that he would soon be furnished with the passports.

LXII. The conspirators having been allowed to bring their plot almost to the point of execution, Elizabeth, to whom alone Walsingham had communicated his proceedings, alarm- ed for her life, insisted upon his immediately putting a stop to the further prosecution of the design. A warrant was is sued, in consequence, for seizing Ballard ; and this incident alarming the others, they began to consult about their own safety. Some proposed that they should immediately endea- vour to escape ; others, urged by their zeal or their despair, recommended that the attempt upon the queen should be in stantly made. Babington, who at first was in the utmost consternation, when he saw the seizure of Ballard followec up by no other measures against any of the rest ; and as the pretext under which Ballard had been apprehended was5 that being a popish priest, he had entered the kingdom with- out licence ; recovered his composure, and even waited upor Walsingham to endeavour to procure his liberation. Tha subtle statesman expressed his regret at Ballard's arrest which he attributed solely to the officiousness of the spies Conspira- employed to detect priests and Jesuits, and promised his ut tore flee. mOst endeavours to procure his release. Meanwhile, he gav orders to have Babington more narrowly watched, whicl Babington having perceived, made his escape, and gave th< alarm to his associates ;* they all fled, but after skulking

* Scudamore, the person employed to watch Babington, received the not from Walsingham, desiring him to be more vigilant in his office, while at sup per with him at a tavern, and having held it carelessly while he read it, Bab ington had an opportunity of also perusing its contents ; on which he rose froi the table, and leaving his cloak and sword behind him, went out as if to sett! the reckoning, but proceeded instantly to Westminster, and changing his clothes withdrew into St. John's wood with some others, and lurking about for te days, were at last discovered near Harrow-on-the-Hill, hid in borne, and dress ed like countrymen. — Cambden.

JAMES VI. 121

few days in disguise, were taken and committed to pri- BOOK son. On their examination they accused each other, and finally discovered all they knew. Fourteen were executed, 1586.

seven of whom were embowelled alive. Seized

mi f — execut-

LXIII. The execution of the conspirators was immediately ed.

followed by deliberations in the English cabinet about the disposal of Mary. Elizabeth, and those more immediately in her confidence, had already determined her fate. They proposed that she should be brought to public trial, under the statute which had been enacted last year with especial reference to her case ; others, who thought that it would be Delibera- derogatory to the royal blood to see a queen tried like a *10e"Jn" common felon, were averse to this proceeding ; and advised, Mary, that as her constitution was now broken by long confine- ment and disease, she should be suffered to sink silently un- der her accumulating infirmities. Leicester recommended that she should be secretly carried off by poison, and sent a divine to Walsingham, to silence his scruples on the sub- ject ; but Walsingham rejected with abhorrence the pro- posal, and continued fixed in his opinion, that the Scottish queen should be brought to an open trial, which at least would have a show of justice ; although, from the state of public opinion with regard to Mary, and the means which had been taken to connect her death with the safety of their own queen, little more than a mere form was to be expected from any jury the court would select to judge the cause.

LXIV. The English ministers were, perhaps, even more than Elizabeth interested in procuring the death of Mary. They had injured and insulted her beyond the possibility of forgiveness. She was unequivocally the next heir to the Her death English crown ; and her claims were supported by a power- necessary, ful body in the nation, whose religion was similar to hers, and adverse to that of the state. The people, who were not accustomed to make nice distinctions, would most probably adhere to her who had no rival ; and her exaltation to the throne, from which she was only excluded by the life of Elizabeth, would be the signal for their ruin. Their perso- nal safety demanded the sacrifice of Mary. A general alarm was therefore artfully kept up by them, and various publica-

VOL. in. u

122 HISTORY OF SCOTLAND.

BOOK tions had been disseminated, to persuade the nation that the H< safety of the two queens was incompatible ; and the public 1586. voice was made to echo the sentiments of the confidential ad- visers of the crown.

LXV. While all England was agitated by these discus- sions, so strict was the vigilance exercised, that the person most deeply interested in them had been kept in utter ig- norance of all that had taken place. With the same studied cruelty that had all along been used towards her, the com- munication of Babington's trial and execution, the discovery Accused of of the conspiracy, and the imputation with which she was

being ac- }oac|ed as accessary to it. were abruptly announced to her

cessory to * £ *

the conspi- by sir Thomas Georges, who was despatched by Elizabeth

racy* for this purpose. The time he chose for surprising her with the intelligence, was just as she had got on horseback to ride out with her keepers. Struck with astonishment, she would immediately have returned to her apartment, but was not permitted. She was led, for some days, from one gen- Lodged in tleman's house to another, till she was at last lodged in Fotneringay castle, in the county of Northampton. Her two secretaries, Naue, a Frenchman, and Curie, a Scot, with her principal domestics, were all arrested ; her private closet was broken open ; her cabinet and papers, among which was her correspondence with persons beyond sea, and with many noblemen in England, was sealed and sent to London. About sixty different keys to ciphers were found, and nearly two .housand pounds in money, which was also secured.

LXVI. Having determined to dispense with the essentials of justice, and subject to trial a sovereign princess, over whom no law allowed her any power, Elizabeth resolved to render the scene as imposing as possible. According to the Commis- act, forty commissioners were appointed to hear and decide poTnrdaLinthisimP°nant Case5 and to these men, the most illus- her trial, trious for rank and office in the kingdom, were added five judges. Some difficulties were started about the designa- tion of Mary ; which were at last resolved, by adopting the one considered the most humiliating: "Mary, daughter and heir of James V. late king of Scots, commonly called queen of Scots, and dowager of France." The commissioners

JAMES VI. 123

came to Fotheringay on the llth of October, and next BOOK morning delivered to Mary a letter from Elizabeth, written II- in the most bitter style, and filled with invective ; inform- 1586 ing her that she had at last been compelled, by a regard to her own safety, to institute a public inquiry into her con- duct, and requiring her to submit to the laws, whose protec- tion she had so long enjoyed. Mary replied, that she had always considered the association, and the act of parliament, as aimed at her life, and that she would be brought to bear the blame of whatever was concerted in other countries ; but she was surprised that the queen of England should consi- der her as a subject, and command her to submit to a trial. She was a sovereign queen, and would do nothing prejudi- cial to the honour of royalty, to her own dignity, or to that of the king, her son. Besides, she was ignorant of the laws and statutes of England, was destitute of counsel, nor diu she know who, in that kingdom, were entitled to be called her peers, or had a right to sit in judgment upon her con- duct. She affirmed solemnly, that she was guiltless of the crime imputed to her, nor had she ever countenanced any attempt upon the life of Elizabeth ; and she demanded to be charged only upon her own words or writings, which she was confident were never criminal, and challenged their pro- duction. Next morning the commissioners sent her a copy of her answer, which she said was accurately enough taken, only she had omitted one material objection. It was said that she should be subject to the laws of England, because she had lived a long time under their protection ; now it was notorious to the whole world, that she came to England to implore the assistance of the queen, her sister, not to subject herself to her authority ; but she had been ever since detained in prison, and had enjoyed no protection from the laws, nor did she so much as understand their na- ture.

LXVII. For two days she continued to decline the authority g^e de_ of the commissioners, and would not admit that Elizabeth dines their possessed any jurisdiction over her, except what was usurped aB by force. The judges, who had affected to find a difficulty about a mere trifle, the style and title by which Mary was to be indicted, found none in setting aside the two substan-

124 HISTORY OF SCOTLAND.

BOOK tial and incontrovertible pleas which she urged against her

II. trial her royal dignity and forcible imprisonment. A de-

" putation was sent to her by the commissioners on the second day, but still she refused, even although threatened to be proceeded against in absence ; when Hatton, the vice-cham- berlain, by an insidious speech, at last prevailed upon her to consent to appear. He told her : " That she was accused, but not condemned ; that if innocent, she injured her repu-

Entrapped tation by allowing a sentence to be passed against her with- out taking the opportunity of publicly clearing herself before a court of upright and honourable men ; and that the queen herself had told him at his departure, that nothing would give her greater pleasure than to find that the charges were groundless."

LXVIII. On the 14th of October, Mary made her first ap- pearance before the commissioners, and at no period in her life does the unfortunate queen of Scots appear so interest- ing, as when the whole legal and political array of England was marshalled against her ; and she, friendless and alone, without counsel, and without even the use of her own pa- pers, had to combat at once the greatest lawyers, most acute counsellors, and most implacable enemies.* The chancellor opened the business of the court by informing Mary, that

Charges a- she was accused of compassing the death of the queen, con-

gamst er. Spjrjng against the safety of the realm, and attempting the overthrow of the protestant religion ; and that they were commissioned to examine the truth of the accusation, and hear her answer. The queen then rose and protested, that although she had condescended to appear there to vindicate her innocence, her appearance was not to be construed as any acknowledgment of the authority of the judges ; she was a queen, and no subject of Elizabeth's, and if she stood before them, it was only to secure her honour and reputa- tion. The chancellor answered, that all who resided in England were amenable to the laws of England ; and the

* The judges met ra the great hall of the castle. At the upper end of the room, was placed a chair of state for the queen of England, under a canopy of state ; over against it below, at some distance, near the beam that ran across the room, stood a chair for the queen of Scots. By the walls on both sides were placed benches, on which sat the commissioners — Cambden.

JAMES VI. 125

statute upon which her accusation was founded, recognised BOOK no distinction of persons. The commissioners ordered both iL protest and answers to be recorded, and proceeded with the 1586. trial. The attorney-general then read the commission for her trial, in which the act was specified. When he had finished reading, she strongly protested against the act, as passed directly and purposely against her. Cecil — lord Burleigh — replied, every person in that kingdom was bound by the laws, however enacted ; and the commissioners de- termining to proceed, Mary at length said she would, not- withstanding the protestation, hear and answer respecting any facts committed against the queen of England. On this the attorney-general proceeded with the charge against her, detailed all the proceedings of Babington's conspiracy, and produced copies of Babington's letters and confession, and some letters in cipher from herself to Babington, in which mention was made of the earl of Arundel and Northumber- land. Mary, who had hitherto remained unmoved, when she heard this passage, burst into tears, and exclaimed : " Alas ! what has the noble house of the Howards endured for my sake." The confessions of Savage and Ballard were next read, acknowledging that Babington had communicat- ed to them several letters he had received from the queen of Scots ; after which, other letters in cipher were brought for- ward, wherein she approved of the conspiracy, and these let- ters were substantiated by the confessions of her own secre- taries, Naue and Curie.

LXIX. Mary, who answered the articles seriatim, denied Her an. that she knew Babington, or ever received any letters from swers. him ; affirmed that she never had entered into any plot against the queen's life ; and to prove such a charge, it was requisite, not to produce copies which might be forged, but the letters themselves in her own handwriting or subscrip- tion, which they could not. As to Ballard, she never saw him ; and being a prisoner, she could not prevent the plots of a foreigner. The ciphers, she said, she knew nothing about, and besides the ease with which her enemies could procure them to be counterfeited, they contained internal evidence of their being fabrications ; for how could she ever think of employing the earl of Arundel, who was at the time

126

HISTORY OF SCOTLAND.

BOOK II.

1586. Accuses Wai sing- ham.

His reply.

Continues her obser- vations,

shut up in the tower, or the earl of Northumberland, quite a youth, and totally unknown to her ; but she was afraid this was a practice too familiar to the secretary, who, she had heard, had frequently plotted against her life. At this re- mark Walsingham rose, and protested that neither in his private nor public capacity, had he done any thing unbecom- ing an honest man. But his regard for the safety of the queen and the realm, had made him diligently search out all plots and designs against them ; and if Ballard had offered his assistance, he would not only not have refused, but have rewarded him for his services ; and if he had tampered with any of them unfairly, how was it that none of them accus- ed him when their lives were at stake ? With this answer Mary declared herself satisfied ; and begged of him that he would give no more credit to those who slandered her, than she did to those who slandered him. Spies, she added, were men who were little to be depended upon.

LXX. At the second sitting, in the afternoon, copies of the letters Mary had received, informing her of the conferences held at Paris, for the purpose of invading England, were read, and proved by the evidence of her secretaries, Naue and Curie, given before the privy council. These, she ob- served, had no reference to a design upon the queen's life ; and as any attempt to invade an enemy's kingdom had never been considered unlawful, she neither affirmed nor denied the fact; but remarked upon the proof adduced from the testimony of her secretaries, that she believed Curie the Scot to be an honest man, but no competent witness ; as he was wholly under the direction of Naue, the Frenchman, who she feared was not inaccessible to corruption, who might have written as her letters, what she never dictated ; they ought therefore to have been produced in court, and examined in her presence,* and she was persuaded their evidence would

* Hume endeavours to defend, but I think unsuccessfully, the keeping back these witnesses. " The not confronting of witnesses," he concludes, " was not the result of design, but the practice of the age." Hist, of Etig. vol. v. ch. 4,2. note. Now by an act of the 13th of Elizabeth, to which he himself re- fers, it was expressly declared that witnesses should be confronted with the accused ; and although Mary was not tried under that act, yet the principle was acknowledged in the law of England. It is needless to say this " was a novel-

JAMES VI. 127

have acquitted her. To elude the force of this objection, BOOK which it was impossible fairly to meet, Burleigh brought for- — IL . ward two new charges, which had no connexion with the New ' crime they were commissioned to investigate ; and accused charges her of intending to send the king her son to Spain, and to^"^. make over to Philip II. her right to the English crown. To the first she did not deign to reply ; and as to the second, affirmed her right to convey to whoever she chose, all her hereditary claims ; but this, she added, was no proof of her Which she having consented to any project for killing the queen ofrcPel8t England. The invasion of the kingdom, and the overthrow of the protestant religion were then introduced, and her let- ters to Inglefield, Mendoza, and Paget read. These she said, merited no answer, being also unconnected with the charge of her accession to the conspiracy against the life of her sister, to whom she had often told, that she would use every effort to procure her liberty.

LXXI. Next day, when the court met, Mary repeated her Again pro- protestation against its authority, and complained of the tes.ts a~

* gainst the

manner in which she had been treated by the introduction authority

of much extraneous matter : and that all her letters were of ^e

court.

publicly read, even when containing matters altogether fo- reign to the impeachment. When she sat down, Burleigh said he would answer her in his double capacity of commis- sioner and privy counsellor ; as a commissioner, he informed Burleigh's her, her protest was recorded, and a copy would be deliver- ai ed ; that their authority was founded on letters patent, un- der the queen's own hand, and the great seal : and as to reading her letters, of which she complained, the circum- stances which were not immediately connected with the charge, were so interwoven with others that were, that it was impossible to separate them, and rendered it necessary to read the whole. She here interrupted him, and remind- ed him, that the letters were not authenticated, that those

ty," it was an enactment previous to the act under which Mary was tried, had been introduced into practice, and was not repealed by that act. The letter of Elizabeth, quoted in the same note, contains strong symptoms of the omis- sion being designed. She had been consulted about allowing Naue and Curie to be produced, and " she was willing to agree to it, only she thought it need- less," a very intelligible hint to the managers of the trial.

J28 HISTORY OF SCOTLAND.

BOOK produced had no subscription or address, might be directed n- to others than the persons alleged, or things might be in- 1586. serted in them, which she had never authorized ; and that having been deprived of all her papers, she was prevented from every means of vindicating herself, or detecting what was false. To this the lord treasurer replied, that as no- thing was charged against her, that had taken place previous to the 19th June last, her memory could easily furnish what- ever was necessary for her defence; besides, the papers could be of no service to her, as Babington and her secre- taries had owned that they came from her ; and it was for the commissioners to judge, whether their affirmation, or her denial was most worthy of credit. As a privy counsellor, he would allow that she had made many efforts to procure her liberty ; but it was owing to herself and the Scots, that they had proved fruitless. The Scottish lords had refused to give the king as a hostage, and during the very last negotiation, Morgan, one of her agents, had sent Parry to England, to assassinate the queen. At this unmanly, unfair, and insidi- ous insinuation, Mary cried out, Ah ! you are my adver- sary ! Yes, said he, I am an adversary to all queen Eliza- beth's enemies. The last evidence produced against Mary, was her letters to Paget, telling him that in her opinion there was no way left to reduce the rebellious Netherlands, but by placing a true catholic on the English throne ; — a copy of a letter to her from cardinal Allen, in which he calls her his most dread sovereign lady, and told her that the busi- ness was recommended to the prince of Parma's care ; — and some passages out of her letter to Mendoza, mentioning her design to make over her right to the throne of England to the king of Spain.

Her final Lxxn. In her final reply, Mary, who was chiefly anxious to free herself from the only charge which could be consider- ed criminal, — compassing the queen's death, — again repeated her denial of any knowledge of the proposed attempt, or any connexion with Babington's conspiracy ; asserting that Bab- ington and her secretaries had accused her, to save them- selves ; and Naue and Curie, had, probably from fear, confess- ed any falsehoods that were suggested, imagining that her royalty would protect her. But, besides their testimony was

.JAMES VI. 129

unworthy of credit ; for having sworn never to reveal any BOOK of her secrets, they could not, without perjury, give evi- dence against her. She never had heard of any such person |58(5. as Ballard, but one Hallard had offered her his service, which she refused, because she knew he was one of Wal- singham's spies. All the rest of the charges, even if proved, were of no importance, for they did not bear upon the prin- cipal charge. She could not hinder foreigners from giving her what titles they pleased ; nor could she be accountable for the conduct of persons in other countries, while she was herself a prisoner in this. With respect to her design of making over her rights to the crown of England to the king of Spain, her friends, from the state of her health, had sug- gested its propriety ; and she, without hope of ever obtain- ing her liberty from the justice of the queen of England, or by any other means, had now resolved not to refuse foreign aid. When Mary had concluded, Burleigh asked her, if she had any thing else to offer in her defence ; upon which she demanded to be heard before parliament, or the queen in council. To this no reply was made, and the court adjourn- Court ad. ed to the star chamber, Westminster, without coming to any J°urns> decision.

LXXIII. When the court again assembled, Naue and Curie were brought before them, and confirmed their for- mer declaration upon oath ; and the commissioners unani- mously declared Mary to have been privy to Babington's conspiracy, and " also, that the said Mary, pretending a title to the crown of this realm, has had compassed, and imagin- Their ver ed within this realm, divers matters, tending to the destruc- dict* tion of the royal person of our sovereign lady the queen, con- trary to the tenor of the statute made for the security of the queen's life."

LXXIV. It were superfluous to enlarge on the unfairness of Reflections, this trial — as, even on the supposition of Mary's guilt, and allowing that Elizabeth had possessed a jurisdiction over her ; to remove from her every means of defence, usually granted to the lowest criminal ; to refuse confronting Naue and Curie with the accused, and afterward to produce them before the commissioners in the star chamber ; and to allow her declared enemies to sit in judgment; were acts of op-

VOL. m. s

130 HISTORY OF SCOTLAND.

BOOK pression or partiality, incompatible with equity. It is indeed n- evident from the whole proceedings, that Mary^ death was 1586. determined upon, before these commenced ; and that the so- lemn farce was got up, to throw an air of justice over an ac- tion which the parties wished to perpetrate, and did not well know otherwise how to accomplish : — for, however the coun- cil of Elizabeth may have been persuaded of Mary's partici- pation in Babington's conspiracy, and however strong the presumptions may be that she really was, yet the evidence adduced did not amount to legal proof. On the same day that sentence was pronounced, the judges gave their opi- nion that this sentence did not derogate in any manner from the title of James, the king of Scotland, to the English crown.

LXXV. Four days after the sentence was pronounced, a parliament was summoned, which was opened by commis- sion, the queen professing, that from motives of tenderness and delicacy, she could not be present ; as she foresaw that the affair of the queen of Scots would come under consider- ation, and she had not courage to stand the discussion. Both houses immediately entered upon an inquiry into the late conspiracy, the danger that threatened the queen's life, as well as the peace of the kingdom, and the safety of religion. The whole proceedings at Fotheringay were laid before them, and unanimously approved of. The sentence of the Parliament commissioners was likewise ratified, and declared to be just, sentence— an(^ we^ founded ; and a joint address was voted to the and re- queen, beseeching her to allow its publication, and consent

quires its ' .. L • . , . . -»r i i

execution. to lts Delng carried into execution. Yet the reasons they brought in support of these violent measures, were not found ed on the clearness of Mary's guilt, but on the restlessness of her character ; and expediency, rather than justice was urged, to hasten the punishment of a dangerous and design ing rival. Her own safety, and the safety of her people, il was alleged, could never be secure, so long as she was suf- fered to live, whom the utmost vigilance could not preven from intriguing; and who, even in the solitude of a priso had for so many years kept the kingdom in a state of con stant agitation and alarm. Elizabeth replied to their peti tion, in an ambiguous, embarrassed, and seeming irresolut

JAMES VI.

131

speech. She stated the numerous dangers she had escap- BOOK

ed: adverted to the increasing affection of her people after J

a reign of twenty-eight years, which she considered as little 1586.

, , . , , , i • i . Elizabeth's

less than miraculous ; and which were she to lose, she might answerto continue to breathe, but would cease to live. She then ex- their ad- pressed her grief at the crime of one so nearly allied to her by blood, of the same stock, and of similar dignity ; yet, were her own life only concerned, and not the welfare of her people, she could willingly and readily pardon ; or, if by her death England would be rendered more flourishing, and obtain a better prince, she would cheerfully lay down her life ; as it was for her people's sake alone she desired to live. She expressed great reluctance to execute the sen- tence on her kinswoman ; affirmed the late statute, so far from being framed to ensnare her, was intended rather to warn and deter her from engaging in any treasonable prac- tices ; and now it had enabled her to select a number of the noblest personages of the land to examine so weighty a cause, instead of sending a princess to be tried before a jury of twelve ordinary men Then, after alluding to her ab- senting herself from parliament, lest she should have had her troubles increased, by hearing the matter mentioned, she assured them it did not proceed from any dread of danger, or apprehension of any treacherous attempts; and imme- diately added, " but I will tell you a farther secret — though it be not usual for me to blab forth in other cases what I know — it is not long since these eyes of mine saw and read an oath, wherein some bound themselves to kill me within a month," and concluded by telling them, that it was her cus- tom to deliberate long in lesser matters than this, before she resolved ; and hoped they would not expect any immediate decision from her, on a subject of such immense magnitude. In the mean time, she besought Almighty God to illuminate and direct her heart, to see clearly what would be best for the good of the church, the prosperity of the commonwealth, and their mutual safety ; and the result she would immediately communicate to them.

LXXVI A few days after, Elizabeth sent a message to Herdissi- both houses of parliament, entreating them to devise some mulatlon'

132 HISTORY OF SCOTLAND.

BOOK expedient, by which the life of the queen of Scots might be ^' preserved, and the safety of the state secured. The message 1586. was taken into immediate consideration, and four ways were suggested to save Mary ; but all were declared inefficient : — Her repentance — which was not to be expected ; her oath and bond, that she would engage in no conspiracies for the future — these were not to be trusted ; her giving hostages — a vain precaution ; or allowing her to depart the kingdom — the most dangerous of all : — for, if while a prisoner, she had stirred up so many in her cause, what would she not at- tempt if set at liberty ? There, therefore, remained no me- thod for securing public tranquillity, and the queen's safety, but by carrying the sentence into immediate execution ; and an address was voted to her majesty to that effect, in which they represented the impropriety of delay : — for if it were in- justice to deny the execution of the law to the meanest of her subjects, how much more to refuse it to the unanimous demand of the whole people. Although this was the point to which all Elizabeth's proceedings tended, her second an- swer was equally indecisive, though not quite so ambiguous as the first ; for it more plainly insinuated the necessity of the death of Mary. She complained of the distressing si- tuation to which she was reduced, by having her safety made to depend upon the ruin of another; and the great reluc- tance that she, who had pardoned so many rebels, felt, in appearing cruel toward so great a princess, notwithstanding their resolution, that her security was desperate without the death of the other. " But so far," continued she, " am I from cruelty, that though it were to save my own life, I would not offer her the least violence ; neither have I been so careful to prolong my own life, as how to preserve both her's and mine ; which now, that it is impossible to do, is my most grievous affliction." To show, however, " what manner of woman she was, about whose preservation they had taken such extraordinary care," she expatiated at length upon her care for religion, her love to her people, and her constant labours for their advantage, from the first day she had swayed the sceptre ; and then, after expressing her gratitude for their labours, dismissed the committee of

JAMES VI. 133

parliament, in a state of as great uncertainty as ever, with BOOK

regard to her final determination.* The queen having thus n*

obtained from their urgent entreaties, a plausible apology for 1586. ordering the execution of Mary whenever she chose, the

parliament was prorogued, and the sentence published by municated

to Mary. proclamation.

LXXVII. As soon as parliament broke up, lord Buckhurst, and Beale, the clerk of the council, were sent to acquaint Mary with the sentence pronounced against her ; with the earnest supplications of that assembly, and the clamorous importunity of the people for its execution, as the establish- ed religion of England was not considered secure, so long as she continued alive. Mary received the intelligence, as what she had long expected, not only with firmness, but even with triumph ; attaching to herself from the last ex- pressions, the character of a martyr for her religion. She added, " it was not strange that the English, who had so often murdered their own sovereigns, should now treat her, who was sprung from the same origin, in a similar manner." After the annunciation of the sentence, Paulet, her keeper, was ordered to treat her no longer as a sovereign prin- cess. Her canopy of state was taken down, and he told her •she was now to be considered as a dead person, incapable of any dignity. She only replied, that she had received her i royal character from the hands of the Almighty, and no earthly power could bereave her of it. In her last letter I' to Elizabeth, however, she complained, though mildly, of |the indignities to which she was exposed, while she express- I ed her gratitude to heaven, that they were now drawing to an end ; and she preferred, as her dying requests, that Her last her body might be buried in catholic ground in France, pear the remains of her mother; that she might not be

The conclusion of her speech is curious. " And now for your petition, I lesire you for the present to content yourselves with an answer without an- swer. Your judgment I condemn not, neither do I mistake your reasons, but '. must desire you to excuse those thoughtful doubts and cares, which as yet perplex my mind, and to rest satisfied with the profession of my thankful es- teem of your affections, and the answer I have given, if you take it for any an- iwer at all. If I should say I will not do what you request, I might say per- Japs more than I intend, and if I should say I will do it, I might plunge my - wlf into as bad inconveniences, as you endeavour to preserve me from."

134, HISTORY OF SCOTLAND.

BOOK put to death in private, but in the presence of her servants, 11 who might bear testimony to her constancy in the faith ; and

1586. that afterward they might be allowed to depart without mo- lestation, wherever they chose, and enjoy the legacies she had bequeathed them in her will; and she besought her in the name of Jesus, by the soul and memory of Henry VII. their common ancestor, and by the royal dignity with which they were both invested, to grant her these favours. To tin's let- ter no answer was returned. King of LXXVIII. No sooner were the extraordinary proceedings

France m- against Mary known, than Henry III. of France ordered

tercedes for n * » •

her. L'Aubespine, his resident ambassador, to interpose in behalf

of Mary ; and, in addition, he despatched Bellievre with the professed intention of interceding for her life, but it is said, with private instructions to hasten her death. With, per- Herson re- haps, more sincerity, but with as little effect, the young king monstrates. of gcotg soucjtecj Elizabeth to mitigate the sentence of hi* mother. Whenever he heard of her trial and condemnation, he despatched sir William Keith, a gentleman of his bed- chamber, to London, with a letter to the queen, expressing his astonishment that English nobility and counsellors should presume to pass sentence upon a queen of Scotland, descend- ed from the blood royal of England ; but he would be still more astonished, were she to stain her hands with the blood of his mother, equal in rank to herself, and of the same sex. This he could not believe possible; yet, if she did entertain any such intention, he desired her to recollect that neither his honour as a king or a son, would suffer him quietly to allow an independent princess, and his mother, to be put to an ig- nominious death. No answer being returned to this remon- strance, James instructed his envoy to remonstrate still more strongly on the insult offered to royalty itself, in allowing a sovereign to be treated as a common subject ; and to remind Elizabeth, that both nature and a sense of honour would call for revenge, if she inflicted so enormous an injury ; and that it would be impossible for him to justify himself to his own subjects, or to the world, if he should patiently endure it; and he further instructed him to procure a delay, till hte should send an ambassador with such overtures as might at once satisfy the queen, and save his mother. At the same

JAMES VI.

135

lime, he made a show of vigorous preparation, as if to carry BOOK his threats into execution. Sir William Keith acted up to ' his instructions, and urged Elizabeth with so much honest i5Hfi. sincerity, that she broke into a violent rage ; and would in- stantly have dismissed the Scottish ambassador, had not her

courtiers interposed ; and at their entreaty she consented to Her execu-

i j u i tlon delay-

suspend the execution, till the promised ambassadors should ed.

arrive from Scotland.

LXXIX. Immediately on learning that they might still ar- James

* f , J sends other

rive in time to prevent the catastrophe, James sent the mas- ambassa.

ter of Gray, and sir Robert Melville, to the English court. d°rs-

They offered that the Scottish king would pledge himself,

and give some of his chief nobility as hostages, that no plot

or conspiracy, against her crown or person, should hereafter

DC carried on or countenanced by his mother ; or if she were

sent to Scotland, effectual measures would be taken to pre-

vent the possibility of such an occurrence. Calling in the

earl of Leicester and her chamberlain, Elizabeth sneeringly

repeated to them the offers that had been made. When Their con.

these offers were rejected, the ambassadors proposed that

Mary should resign all right and pretension to the English beth.

crown to her son, from whom no danger to the protestant

interest, or to the realm, could be dreaded , on which, Eliza-

Deth exclaimed with an oath : — " That were to cut mine own

throat He shall never come in that place ;" assigning, as a

reason, the little confidence she could repose in the loyalty

of courtiers, were she to name a successor, any of whom, she

said, for a dutchy, or an earldom, would procure some des-

perate knave to kill her ; and with another oath, confirmed

the royal estimate of their value. One of the envoys then

remarked, that the king would be more unequivocally in his

mother's place if she were removed by death. " Well, tell

pour king," said Elizabeth, sternly, " what I have done for

bim to keep the crown on his head since he was born. For

Bay part I intend to preserve the league between us, which

I he break, his be the blame ;" and with these words she

was retiring, when sir Robert Melville following, begged that

the execution might be delayed but eight days. " No, not

an hour," was her reply. But while Gray in public acted Gray's du-

along with the other envoys, in private, he performed a most PHcity-

136

HISTORY OF SCOTLAND.

1586. Elizabeth's conduct,

BOOK perfidious part, and encouraged Elizabeth to carry the sen H< tence into execution ; engaging to pacify the king, and pre vent any rupture between the two kingdoms.

LXXX. Elizabeth, who was an admirable judge of charac te^ knew tne prjnce with whom she had to deal, and endea- voured to work both on his fear and his cupidity. While she talked in a high tone to James' ambassadors, she employ- ed her ministers to state to him, in confidential letters, all the disadvantages which would arise from any attempt of his to revenge the death of his mother ; and by representing her in the worst colours, as a determined enemy to his religion, and wholly alienated from his interest, to show that she was un- worthy of being revenged. In the mean time, she herself he- sitated, and dissembled. She wished the death of her rival, but she also wished to escape the infamy of the action. In order, therefore, to give the appearance of necessity to what she had resolved upon, numerous rumours were circulated to procure additional solicitations, and prevent the public mind from relapsing into indifference. At one time the Spanish fleet was arrived at Milford haven ; at another, the duke of Guise had landed in Sussex with an army ; now, the queen of Scotland had escaped out of prison, and was raising troops in the north ; then, several plots were laid to kill the queen, and set fire to the city of London. And to give some ap- pearance of credibility to such vague alarms, L'Aubespine. the ambassador, was examined before the council, upon a charge of having hired two assassins to murder the queen By these means, the passions of the people were inflamed to madness ; and a universal cry raised for the blood of the un- fortunate Mary, as the only means of allaying the public ter- ror.

LXXXI. Although it cannot be supposed that the affection of James for his mother, whom he never saw, was very ar- dent;* yet common decency required that he should shov

* It does not appear that James ever, during the whole time of his mother' captivity, made one application to Elizabeth in her favour, till a sense of sham> forced him upon the present occasion, and it is very problematical whether the;* he was sincere ; for when his mother's danger was mentioned to him by lord Hamilton, at the request of Courcelles, the French ambassador, his unfeeling answer was -. « That the queene, his mother, might well drink the ale and been

Inflames the public mind.

JAMES VI. 1ST

some interest in her fate, and some resentment at the man- BOOK ner in which she was treated. He therefore, as soon as he understood that her execution was determined, recalled his [^ ambassadors, and ordered prayers to be offered up for her James or- in the churches. To prevent any opposition, he prescribed e^f^^i a form to which he thought there should have been little ob- mother, jection : — " That it might please God to illuminate her with the light of his truth, and save her from the danger that threatened her." All ministers were charged, by public pro- clamation, to use this form, on pain of incurring his majes- ty's displeasure; and commissioners and superintendents were commanded to suspend from preaching such as refus- ed. With this requisition some of the ministers of Edin- burgh, either from an idea that the king was usurping power in the church by prescribing a form, or that praying for Mary implied a belief of her innocence, and a censure of Eli- zabeth, would not comply. On which, the king appointed a public fast, and ordered solemn prayers to be made for her; at the same time directing the bishop of St. Andrews Conduct of to officiate in St. Giles's church on the occasion. The mi- tne inini-

, . «,.. -IT -\/r T i stersofEd-

nisters, to prevent his officiating, prevailed upon Mr. John

Cowper, " a young man not entered as yet in the function," to take possession of the pulpit, and exclude the bishop. When the king arrived he found the service begun, and stopped Mr. Cowper in the middle of his prayer, telling him, that that place was destined for another ; but added, since you are there, if you will obey the charge that is given, and remember my mother in your prayers, you may go on. To this the preacher replied : — " he would do as the Spirit of God should direct him." On which he was commanded to leave the pulpit ; but hesitating to obey, the captain of the guard went to pull him out, when he reluctantly left his post,

which herself had brewed ; and further, that hauing bound herself to the queene of England to doe nothing againste her, she ought to have kept her promise ; notwithstanding, he woulde no waye faile in his dutie and natural) obligatione he ought her." To sir George Douglas who represented to him how dis- creditable it would be to him to allow Elizabeth to put his mother to death, the king said that he knew " she bore him no more good will than she did the queene of England ; and that, in truth, it was meete for her to meddle with no. thing but prayer and serving of God." — Courcelles' Negotiation, quoted by Dr. M'Crie, Life of Melville, vol. i. pp. 366 — 7. VOL. III. T

138 HISTORY OF SCOTLAND.

BOOK exclaiming : — " this day shall be a witness against the king

H* in the great day of the Lord ;" and denounced a wo against

~ 1587. the inhabitants of Edinburgh. The bishop of St. Andrews

then went up and finished the service. For this conduct

Cowper was called before the council, and sentenced to be

imprisoned in Blackness ; and those who at first refused,

afterward yielded to pray for Mary.*

LXXXII. When Elizabeth had sufficiently excited the fears of the vulgar, and received as many solicitations as afforded her a decent excuse for complying with what was her own wisn> sne ordered Davidson, one of her secretaries, to draw warrant for out the warrant; which when she had signed, she gave it jocularly bade him tell Walsingham what she had

* In the above statement I have chiefly followed Spotswood, as I do not see any good grounds for rejecting his account. It is clear that Cowper must have pre-occupied the pulpit of St. Giles by the advice, or with the approba- tion of the ministers of Edinburgh ; and it is not improbable that a young man, who could be persuaded to take possession of a pulpit the king had destined for another, might, with equal imprudence utter the speech attributed to him. Dr. M'Crie thinks that Spotswood, who must have seen the record of the privy council, " has introduced circumstances not warranted by the record ; which if true, it would scarcely have failed to mention." It [the record] says nothing of the king's giving Cowper liberty to proceed if he would pray for his mother, nor of Cowper's reply ; nor was Cowper imprisoned fo refusing to pray for the queen, but " becaus his Ma'tie desyrit him to staj efter he had begwyn his prayer in the pulpit, w'in St. Geill's kirk in Edin- burgh, declaring that yr was ane vther appoyntit to occupy that rewme. That he vttered thir words following, thay ar to say, That this day suld here witnes against his Ma'tie in the greit day of the Lord," and denounced a wo against the inhabitants of Edinburgh. — Record of Privy Council, February 3d, 1586-7. Now the circumstances mentioned by Spotswood, might easily have taken place, yet not be narrated in the books of the privy council. Praying for Mary was a question about which the nation was divided. Contempt of the king's authority, in taking possession of the pulpit, which he knew the king had expressly ordered to be filled by another, and denouncing a threat- ening against his majesty, in presence of the congregation, when ordered to come down, was conduct, the criminality of which could admit of no dispute. Therefore the higher and more evident charge was preferred against him and inserted, while the dubious one was left out. This transaction occurred pre- viously to the 3d of February ; the ministers of St. Andrews complied with the requisition on the 8th, and Courcelles, in a letter written on the 28th of the same month, says, that even those who at first refused, yielded. So that, as Spotswood states, the whole might at first refuse — though they afterward came in — and it is not unlikely the punishment of Cowper might have some influence in settling their scruples — Vide M'Crie's Life of Melville, vol. i. p. 364, Note, and 365 Note.

JAMES VI. 139

done; "though I am afraid," she added, "he will die for BOOK grief when he hears it." Next day she sent to Davidson, _ telling him she had altered her mind, and desired him to 1587. forbear executing her former orders. When Davidson came and informed her it had already passed the great seal, she blamed his precipitancy, and said she thought a better mode might be adopted, hinting at a more private; but Da- vidson, rejected the proposal, and answered that the just and the openest was always the best and safest course. Still she would willingly have had Mary removed in some other way, and ordered a letter to be written to Paulet, complain- ing of his remissness in sparing so long the life of her ene- my ; but Paulet, who knew the danger as well as disgrace which would have been the consequence, refused to comply ; and in his answer to the queen, told her, she might dispose of his life at her pleasure, but he would never consent to an action which would leave an indelible stain on his honour. Elizabeth, vexed at his refusal, called him a dainty and pre- cise fellow, who would promise much, but perform nothing. Davidson, when he parted from the queen, went directly to the council, and acquainted them with the whole transaction. They were of opinion that the execution should be hasten- ed, each professing that the blame of the business would be equally borne by every member ; and a commission signed by Shrews- all present, was transmitted by Beale to the earls of Shrews- ^"T and bury and Kent, empowering them, together with the high dered to see sheriff of the county, to see the sentence carried into execu- " carr'ed

* into effect,

tion.

LXXXIII. On Tuesday, 7th February, 1587, the two earls came to Fotheringay castle; and being introduced to Mary, in the presence of her domestics, read their commission, and desired her to prepare for death next morning at eight o'clock. She heard the dreadful annunciation with compo- She re- sure, and replied, " I did not think that queen Elizabeth, ™™£™ my sister, would have consented to my death ; but since it is posure. so, death is to me most welcome. That soul is not worthy of the joys of heaven, that cannot look forward to the stroke of the executioner without dismay." The earls then re- minded her of her crime, the fair and honourable trial she had had, and the necessity imposed on Elizabeth of execut-

140 HISTORY OF SCOTLAND.

BOOK ing the sentence, as it was found she and her could not both IL exist together ; for even since her sentence was known, new 15g7 conspiracies were attempted, and would be while she was permitted to live. She had now had long warning to pre- pare, and they hoped she was ready to die ; but that no Christian duty might be said to be omitted that might be for her comfort, and tend to the salvation of her body and soul in the world to come, they offered her, as a spiritual counsellor, the dean of Peterborough. But she refused his assistance, saying, she was prepared to die in the Roman catholic faith, which her ancestors had professed, and re- quested that she might be allowed now in her last moments, a priest of her own persuasion to attend her ; but this was peremptorily denied, and the earl of Kent told her, that her death would be the life of their religion. She then asked what answer had been returned to the requests she had made to the queen, but the earls had received no instruc- Solemnly tions. When Babington's conspiracy was mentioned, she innocence, solemnly protested that it was entirely unknown to her, and expressed her belief that it was not for the conspiracy, but for her religion, that her life was sought ; and when Kent denied that she would have been touched for her re- ligion, had she not conspired against the queen of England, she again protested her innocence; and added, that al- though she herself forgave those who had persecuted her to death, there was a God who would take vengeance on the guilty ; and when she was dead, it would appear how injuri- ously she had been treated. After the departure of the earls she hastened supper, that she might have time to ar- range her affairs.

LXXXIV. At supper she ate sparingly, as was her custom, and conversed cheerfully with her attendants ; remarking to Burgoin, her physician, that although they pretended that she must die for conspiring against the queen's life, the earl of Kent had let out the secret; her religion was her real crime. She then called in her servants, and drank to them. They pledged her on their knees, and asked pardon for any omission or neglect of duty, while she requested them to forgive any offence she might unwittingly have committed towards them. She then distributed her money, clothes,

JAMES VI. 141

and jewels, among them, according to their rank and merit, BOOK and also wrote to the king of France, and the duke of Guise, recommending them to their protection. At her 1587. wonted time she retired to bed, slept some hours quietly, and afterwards spent the rest of the night in prayer. About day dawn she dressed herself in a rich mourning habit of silk and velvet, such as she generally wore on festivals, and employed the remainder of her time in devotion. At eight o'clock, Andrews, the sheriff, entered her apartment, and informed her the hour was come, and she must attend him to the place of execution. She replied that she was ready, and with a calm and unaltered countenance, followed, lean- ing upon two of Paulet's guards, on account of a rheumatic affection in her limbs. At the foot of the stairs she was met by the earls of Shrewsbury and Kent, sir Amias Paulet, sir Drue Drury, and many other gentlemen of distinction. Here also sir Andrew Melville, her steward, was waiting to take his last farewell. As soon as she approached he fell on his knees, and weeping, lamented the situation of the queen, and his own unhappy lot in being the messen- ger destined to carry such melancholy tidings to his native country. " Do not lament for me, my good Melville," re- , plied she to her disconsolate servant, " rather rejoice that thou shalt this day see Mary Stuart delivered from all her cares ! And take this message from me, that I die true to my religion, and unshaken in my affection towards Scotland and France. Thou hast been ever faithful to me, though of Her mes- a different persuasion, yet as there is but one Christ, I charge S&K° to her thee, as thou shalt answer to him, carry these my last words to my son ; tell him that I enjoin him to serve God, to pro- tect the catholic church, to rule his kingdom in peace, and to take warning from me, never to put himself in the power of another. Assure him that I have done nothing prejudi- cial to the crown of Scotland, and it is my wish that he would maintain his amity with the queen of England. Serve him faithfully as thou hast served me. Farewell." Then turn- ing to the noblemen, she requested that her servants might be permitted to attend her at her death. At first Kent ob- jected, lest their weeping and cries should disturb both him- self and the spectators, or lest they might indulge in some

142 HISTORY OF SCOTLAND.

BOOK superstitious practices, which it would be improper for htm n- to allow ; and instanced the dipping their handkerchiefs in 1587t her blood. " My lord," replied the queen of Scots, " I can promise they shall not incur any blame for such actions as you mention," and repeated her request. Kent still refus- ing, " I am," cried she indignantly, " cousin to your queen, of the same blood royal, married queen of France, anointed queen of Scotland ;" on which, perceiving how invidious their obstinacy would appear, the commissioners consented that she might take a few of her servants along with her, and she chose Melville, her physician, apothecary, and surgeon, and two of her maids.

LXXXV. The scaffold, about twelve feet broad, and two- feet high, was erected in the same hall in which she had been tried, opposite the chimney, where a large fire had been1 kindled. It was covered, as well as a chair, the cushion,

Herbehavi- and block, with black cloth. Mary entered the hall, and

our at her surveyed with solemn composure, all the dreadful apparatus execution. „ , , ,.. , i/.-ii

or death, and signing herself with the cross, she sat down on

the chair. The room was crowded with spectators, who be* held with mingled emotions of admiration and pity, the for- titude and the fate of the royal, and still lovely sufferer ; for,, neither her age, infirmities, nor misfortunes, had yet destroy- ed her former beauty. When silence was procured, Beale read with a loud voice, the warrant for her execution, to which she listened, as if her thoughts had been employed on some more interesting subject. This finished, the dean of Peterborough began a discourse, such as he thought suitable to her present condition, and attempted to administer some consolation ; but the topics on which he insisted being harsh, controversial, and ungrateful, she repeatedly requested him to desist, as she could not attend to him. Still he persisted,, and pled his orders from her majesty's council, for his un- gracious perseverance ; till at last, in a peremptory tone, she- desired him to be silent, as she had nothing to do with him, and he had nothing to do with her. Some of the noblemen then interfered, and desired him to trouble her no farther. " Yes !" said she, " that will be best, I am decidedly attach- ed to the ancient catholic religion ; in it I was born, I have lived in it, and in it I am determined to die." The earl of

JAMES VI. 143

Cent replied, yet would they not cease to pray to God for BOOK ier, that he would vouchsafe to open her eyes, and enlighten **• ler mind with the knowledge of the truth, that she might 1597. lie therein. In that, my lord, answered the queen, you may o as you choose, as for me, I will pray by myself. The lean then commenced a prayer, while she apart prayed in he Latin tongue. When the dean had finished, Mary, with n audible voice, and in the English language, commended o God the afflicted state of the church, prayed for the pro- perity and happiness of her son ; and for queen Elizabeth, bat she might live long, and have a peaceful reign. She ben added, that she hoped only to be saved through the jlood of Christ, at the feet of whose figure represented on be crucifix, she would willingly shed her own ; then lifting t up, and kissing it, she said, " As thy arms, O Jesus ! were pread abroad on the cross, so with the outstretched arms f thy mercy, receive me, and forgive my sins." The earl f Kent, who was displeased at her using a crucifix in her evotions, reproved herJfor her attachment to such popish rumpery, and exhorted her to have Christ in her heart and ot in her hand. She replied, it was difficult to hold such n object in the hand, without feeling the heart affected. She ben, with the assistance of her two women, began to dis- obe herself of her upper garments, and the executioner offer- ng to assist, she put him back, saying, she had not been ac- ustomed to be served by such grooms, nor undressed before o great a multitude. Her upper robe being taken off, she lerself loosened her doublet, which was laced on the back, md put on a pair of silken sleeves. She then kissed her naids, and bade them farewell. At this last mark of ten- erness, they burst into tears, on which she turned to them, md putting her finger to her lips, as a sign of silence, said, promised you would be silent, pray for me ! Then kneei- ng undauntedly down, she repeated, " In thee, O God, I rust, let me not be confounded for ever !" and one of her naids having covered her eyes with her handkerchief, she aid her neck on the block, crying aloud, in manus tuas Do- nine — into thy hands, O Lord, I commit my spirit. The executioner at two blows, separated her head from her body, md he held it up, yet streaming with blood, while the dean

144 HISTORY OF SCOTLAND.

BOOK of Peterborough exclaimed, " So perish all queen Elizabeth's H- enemies." The earl of Kent pronounced a solitary Amen 15g7 The rest of the spectators remained silent, their attention fixed on the melancholy scene before them, every harshei feeling being hushed by sympathy for the misfortunes o a woman, and a queen, whose tresses, prematurely gray, bore witness to the weight and intensity of her afflictions.

LXXXVI. Mary was forty-four years, and two months old, when she ended on the scaffold, a life chequered beyond the common lot of humanity, and nearly nineteen years of which

Character, had been passed in captivity. Possessed of exquisite per- sonal beauty, she was also endowed with admirable natural talents. To the most fascinating manners, she added every elegant accomplishment of her sex. Affable and polite in her demeanour, gay and sprightly in her disposition, she possessed, or could counterfeit, all the softer graces, which render a lovely woman irresistibly captivating. But here panegyric must stop ; her passions were violent, and under no restraint ; she was impatient of contradiction, capable of the most profound dissimulation, and the most terrible re- venge.

LXXXVII. Mary's misfortunes, and the unjust treatment she received from Elizabeth, her protracted imprisonment, and melancholy death, have contributed to throw into shade, the causes which led to her sufferings ; for, while we view with pity the pressure of her calamity, we are apt to forget the extent of her crimes. Yet, historical truth requires that they

Reflections, be not altogether passed in silence. During the short time she allowed Moray to direct her councils, no king in Scot- land ever had more cheerful obedience; and if her own in- tolerant spirit, and ardent attachment to the Romish church, and her repeated breach of promise, had not alienated the minds of her protestant subjects, and raised their suspicions, | she would have been allowed the quiet exercise of her own religion, nor would any of the ministers have dared to insult her. Her first attachment to Darnly, was as indelicate and imprudent, as her subsequent hatred was implacable and deadly. Her connexion and marriage with Bothwell, can be defended upon no principles, which do not at the same time obliterate every distinction between innocence and guilt.

JAMES VI. 145

Her unhappy education, — as a queen — from her birth, in a las- BOOK civious and tyrannical court, which early corrupted her mo- _ _____

on

rals, and perverted her judgment ; which, intent on produc- 1687. ing a graceful and princely exterior, neglected to cultivate the better affections of the heart, can unfortunately account for the rash and obstinate perversity with which she rushed upon her ruin ; even allowing that she possessed the materi- als, which, under other tuition, might have formed a model of almost spotless perfection.

LXXXVJII. When Elizabeth was informed of Mary's exe- Elizabeth's

cution, she affected the utmost astonishment, rage, and sor- f°°*J?

_ _ learning

row ; she put herself in deep mourning, was frequently in her execu- tears, refused her ministers all access to her presence, and tlon' secluded herself with her maidens, to bewail the deplorable misfortune, which, contrary to her wishes and fixed purpose, had befallen her kinswoman. She had now accomplished one great object of her wishes, and got rid of a rival, whom, during all her reign, she feared and hated. Her next drift was to persuade the world, that this consummation was with- out her knowledge, and in opposition to her will. For this purpose, with a hypocrisy more glaring than any she had yet practised, she rolled over the whole blame upon Davidson, rjavidson her secretary, an honest, upright servant, whom she had em- blamed for ployed as her instrument, and who had not been sufficiently initiated in her artifices to avoid the snare.* He was imme- diately deprived of his office, thrown into prison, and soon af- ter, tried in the star chamber. The secretary, confounded at the charge, and knowing the danger of contending with the queen, acknowledged himself guilty of an error, which he said he could not attempt to vindicate, without failing in the respect and duty he owed her majesty; but he protested, it was by the advice of the whole council that the warrant was put in execution, as they were afraid lest the queen or the state might incur any damage by delay. Yet he would not contest; he left the whole with the queen, to whose con- science, and the verdict of the judges, he entirely submitted

* He had been only made secretary a few days before the trial of queen Mary, probably with the intention of taking advantage of his unsuspecting in- tegrity.

VOL. HI. 17

14« HISTORY OF SCOTLAND.

BOOK himself. On this confession, after enduring the reproaches of the very counsellors, — who, if there was any guilt, were U87. more deeply involved than himself — he was condemned to be His punish firi ecj in ten thousand pounds, and imprisoned during the queen's pleasure. He suffered a long confinement, was beg- gared by the fine, and all the favour he ever received, was an occasional pittance to save him from starvation. Such is the gratitude of courts.

LXXXIX. Filial affection is an instinctive passion, in some degree felt by every human being, and one of the mysterious ties in our nature, that link us to our kind. By it we are interested in the fate of those to whom we have owed our _ birth, although we may never have seen them, or never knew any of the endearments of a mother's love, or the kindness , of a father's protection. In James this was neither vigorous nor strong; and Elizabeth knew well, that whatever feeling the death of his mother might produce, it might be acute, but it would be only momentary ;* she therefore despatched Mr. Robert Carey, a son of lord Hundson, with a letter, in her own hand-writing, calculated to meet its first ebullition. It ^

* Alexander Stuart, sent in company with the ambassadors " with more secret charge," had said to Elizabeth, " were she even deade, yf the king at first shewed himselfe not contented therewith, they might easily satisfy him in sending him doges and deare." On being informed of this, the king was in marvilose collore, and sware and protested before God, that yf Stuart came, he would hange him before he putt off his bootes, and yf the queene medled with his mother's life, she should knowe he would follow somewhat else than doges and deare. (February 10th.) Courcelles expresses his fears, that if Mary's execution should happen, James would " digeste it as patiently as he hath done that which passed between the queene of England, and Alexander Stuart, whose excuse he hath well aUowed, and vseth the man as well as be- fore." (February 28th.) Courcelles' Negotiation, quoted by Dr. M'Crie. And neither Courcelles nor Stuart were much mistaken in their remarks, as the following anecdote, preserved by Wodrow, fully evinces. A little after the king had got on his mournings for his mother, one day when Mr. Melville came in to wait upon his majesty, he was laughing heartily, frisking and dancing about the room with no little levity, as was not unusual with him while in his younger years. Mr. Melville observed him a little, and the following lines struck him in the head extempore, from his bright poetical fancy ; and smiling, he turned to a nobleman, and repeated them. The nobleman was mightily pleased, and burst out into laughter. The king soon came up, and asked the reason. The nobleman waved it saying it was a merry tale of Mr. Andrew. The king would know it. Mr. Melville said it might be offensive

JAMES VI. 147

was of this purport. " My dear brother, I would you knew, BOOK though not that you felt, the extreme anguish that over- whelms my mind, on account of that miserable accident which 1587. has happened, far contrary to my inclination. I have there- fore sent my kinsman, whom you have been formerly gracious- ly pleased to favour, that he may instruct you truly of that, which my pen refuses to write. I beseech you, that as God and many others, know my innocence in this case, so you will believe, that if I had commanded it, I should not have disavowed it. I am not so base minded, as that the fear of any living creature should make me afraid to do what is just ; nor so degenerate or vile, as to deny it when done. Open- ness best becomes a king, and I shall never stoop to dissem- ble. This assure yourself of from me, that as I know it was deserved, I would never have laid the blame on another ; but neither will I impute to myself, that which I did not so mueh as think of. You will learn the particulars from the bearer ; and believe me, 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 persuade you to the contrary, consider them as more attached to others than to you. Thus in haste I have trou- bled you, beseeching God to send you a long and happy reign."

xc. James refused either to see the messenger, or receive the letter ; and his resentment seemed for the time both live- ly and sincere. The estates of Scotland, who were then sit-

TJio _

ing, participated in these feelings, and urged him to revenge, tatesurge

professing their readiness both to expend their lives and es- Wm to re-

venge. tales in the quarrel ; and lord Sinclair, when the courtiers

appeared in mourning, presented himself in armour, as the

to his majesty. The king said he would not be offended, and so Mr. Andrew repeated them. Be these circumstances as they will, the lines contained much wit and salt — they were

Quid sibi vult, tantus lugubri sub veste cachinnus, Scilicet hie matrem deflet, ut ilia patrcm.

Why the loud laugh ? beneath the vesture sad, He mourns his mother, as she did his dad.

148

HISTORY OF SCOTLAND.

BOOK II.

1587.

Walsing. ham's letter to Thirl- stane.

proper mourning for the queen. Carey, on not being ad- mitted into the king's presence, consulted with his court; and received instructions to deliver his letter to some of the council, with a memorial to be laid before James, expressing the queen's determination never to have put his mother to death, notwithstanding the solicitations of her nobility, and the cries of her people ; and informing him that she had de- livered the warrant to her secretary, Davidson, to be kept secret, and not to be produced, except in case of actual inva- sion by an enemy, or any insurrection by rebels to procure her liberty. But the secretary having shown it to the coun- cil, they, without her consent, sent a mandate for the execu- tion,— which she protested to God, was done before she knew it, — for which the secretary should not escape her high displeasure ; and this the envoy heard her express with such a heavy heart, and sorrowful countenance, that had his ma- jesty been present, he would have rather been inclined to pity her grief, than blame her for a fact to which she never gave consent. James however, would not immediately listen to these excuses ; and Elizabeth, uncertain what effects vio- lent counsels might produce on his facile disposition, employ- ed those among his ministers who were best affected towards England, to sooth his mind, and prevent any sudden or rash sally.

xci. Walsingham wrote to lord Thirlstane, the secretary, who then stood high in James' favour, a long letter, in which he employed every argument that could operate upon the hopes or fears of the young monarch,* to induce him to lay aside all hostile intentions, and continue to cultivate the ami- ty of Elizabeth. He was absent, he said, from court, when the execution of the king's mother happened ; but on his return, he had communicated to Douglas what some of the king's best friends considered the course he ought to pursue in consequence of this remediless accident, in order to pre- serve friendship between the two crowns, so necessary for

• " The kinge of Scotts will not declare himself openly against her (Eliza- beth) though his mother he put to death, vnlesse the queen and the statts would deprive him of his right to that crowne, which himself hath vttered to earl Bothwill, and chevaliere Seaton." Courcelles' Negotiation, quoted as be- fore.

JAMES VI. 149

the welfare of both. But as he would not interfere, he there- BOOK fore stated to him the reasons which should prevent any interruption of the harmony subsisting between the two na- 1587. tions. The ground of the quarrel would be revenge, and that on account of an act of justice founded on necessity, a cause of war, which no good man would support, and on which no blessing could be expected. But setting this aside, motives of policy forbade a rupture. The king could not hope, inferior as he was in force, to attack England with any prospect of success, without foreign assistance ; and the ex- amples, both of ancient and modern times, with which a prince of his knowledge must be familiar, should leach him how precarious and dangerous it is to depend upon such aid. The only two powers to which he could apply, were France or Spain, and his religion rendered him obnoxious to both, neither of whom would wish to see his power increased by the union of the crowns, an event which must be prejudicial to the catholic cause ; and such an union was not only re- pugnant to the general policy of France, because, in case of war, this would prevent her from distracting the forces of England as formerly, by involving Scotland in her quarrels; but particularly so to the present king, who would not wish to see a near relation of the house of Guise aggrandiz- I, lest he should lend them assistance to usurp his throne, which they had but just attempted. Spain was a more likely, but more dangerous ally ; whose monarch aimed at [the whole empire of the west of Europe, and he pretended ito have a claim superior to the Scottish king upon the crown England, as descended from Lancaster ; being the nearest |eatholic heir by blood, and possessed by gift of the rights [of his mother. Nor would the king's changing his religion .procure him any advantage. Catholic princes would never aid him, merely because he was a catholic ; and the protes- its of England would hate him for his apostacy, while ;he catholics would never believe in his repentance. By sviving his mother's pretensions, he would forfeit the cer- tin prospects of his succession ; and by resenting her death violently, he would force all the noblemen in England 'ho had assented to it, to oppose his ever obtaining that :rown ; and however some persons might endeavour to per-

150 HISTORY OF SCOTLAND.

BOOK suade him that his honour required him to seek vengeance, ^ yet the true honour of a prince consists in moderation. 1587. Having used every endeavour to save her life so long as there was any hope, he had performed his duty ; and there remained now only, that he should rather consult the dig- nity of a prince, than prosecute any private revenge. These, James' an- and similar considerations, induced James, who was sensi- ^e °^ n's own wea^ness5 an^ wno delighted more in the polemical arena than in the tented field, to lay aside all thoughts of revenge, and return by degrees, to his usual cor- respondence with the court of England ; and although a num- ber of his courtiers were known to have tampered with the English ministers during the trial of the queen, and after the sentence to have hastened the execution, the master of Gray was the only person who was punished ; perhaps, how- ever, more through court intrigue and his own insolence, than from any regard the king paid to the memory of his mother.*

xcn. Sir William Stewart had, about this time, returned to court, and attached himself to the master of Gray, who was then engaged in a plot with lord Maxwell, for the destruc- i tion of lord Thirlstane, sir James Home of Cowdenknowes, and Mr. Robert Douglas, the collector. Gray, believing that sir William would readily assist him in removing those who were the determined enemies of his brother, particular- ly lord Thirlstane, as having been one of the chief instru- ments in bringing back the lords to Stirling, revealed to him the design. Sir William pretended to agree to the propo- sal ; but aware of the treacherous disposition of Gray, and of the little confidence that could be reposed in him, went directly and informed the king. Lord Thirlstane having also received similar information, complained to the coun- cil, and desired that it should be investigated ; on which, both Stewart and Gray were examined, when Stewart ad- hered to what he had said to the king, and Gray as stren- uously denied having ever held any such conversation with

• When Gray was banished, the queen's death was not mentioned, " lest he should have accused others." Courcelles' Negotiation, quoted by M'Crie, Life of Melville, vol. i. p. 367, Note.

JAMES VI. 151

lim ; and the dispute becoming warm, Stewart asserted that BOOK Gray was unworthy of any credit; for, having been sent to London on an embassy to endeavour to save the life of 15g7 the king's mother, he had treacherously consented to her Charges death. A report of Gray having written a letter to the queen of England, advising her to put the queen of Scots to Gray, death, and of his having used as an argument, the adage, Mortui non mordent, — the dead do not bite, — had been very generally current; though, on account of the favour in which he stood with the king, no one had ventured to accuse lim ; but now, when he was challenged to his face with his conduct, the council, who viewed him with the common dndness that courtiers bear to favourites, seized the occa- sion, and requested the king to bring him to trial ; and the dng, whose affection had begun to grow cool, consenting, the accused and the accuser were both committed to Edin- Durgh castle. Three days after, they were again brought before the council, when Stewart repeated his former charges, and, in addition, stated that Gray had engaged in a corre- spondence inimical to religion, both with the king of France and the duke of Guise; informing them that the king in- tended to ask their assistance to revenge the death of his mother, but desiring them not to grant it unless he came un- der an obligation to extend liberty to the catholics for the exercise of their religion. Gray, perceiving that he had lost the favour of his master, on being desired to make an ingenuous confession, if he expected mercy, acknowledged that he had endeavoured to procure toleration for the ca- tholics ; that he disliked some of the officers of state, and did wish an alteration, but that he had ever entertained the highest regard for his majesty's person, and hoped his er- rors would be imputed to his youth, and a foolish ambition. Being interrogated respecting his letter to the queen of Eng- land, he owned that when he perceived her resolved to take fiway the queen of Scots' life, he advised her rather to do It in a private way, than publicly, under form of justice. He likewise acknowledged that he had used the words, |9forftM non mordent, but not in the sense alleged against Found Ihim. He was found guilty on his own confession, and sen- (lenced to perpetual banishment from Scotland, under pain

152 HISTORY OF SCOTLAND.

BOOK of death in case of returning, and prohibited from going H- either to England or Ireland.

1587. xciu. Captain James, who ever since his disgrace had 8 s- skulked privately among his friends, supposing this a fa-

unsuccess-

ful attempt voura\)le opportunity for obtaining revenge on the rest ol the^g^s his enemies, ventured from his lurking place ; and in a let- favour. ter to jjjg king, offered to prove that lord Thirlstane, and some of the other counsellors, were equally accessory to hit, mother's death with Gray ; and had even formed a design of delivering the king himself into the hands of the English. But time had extinguished the king's favour for one who so little deserved it; and his ministers now were both more able and complaisant, than those who, after the Raid of Ruthven, gave way to his superior influence. The king, on receiving the information, laid it before his council, and an order was sent to captain James to enter ward within the palace of Linlithgow, and remain there till the truth of his accusation should be examined ; under pain of being forfeit- ed as a sower of discord between his majesty and his nobi- lity. Failing to comply with this mandate, the office of chancellor, of which he had still retained the title, was de- clared vacant, and bestowed upon lord Thirlstane, who had for a considerable time performed its duties.

THE

HISTORY OF SCOTLAND.

BOOK III.

James VI. — Attains full age — Reconciles the Nobles — Church lands annex- ed to the Crown. — Representatives for Counties first introduced into Parlia- ment— Ancient constitution of Parliament — Warlike preparations of Spain. — James courted by Philip and Elizabeth ; adheres to England Philip in- trigues with the Popish Nobles. — Bond for defence of Church and State. — Lord Maxwell preparing to assist the Spaniards, made prisoner. — Destruction of the Invincible Armada. — Proposal of the Popish Peers to Philip — Their Conspiracy defeated — The King's too lenient conduct towards them — His marriage with Anne of Denmark — His panegyric on the Presbyterian Church — Disordered state of the Country — Feud between Huntly and Mo- ray.— Bothwell accused of consulting witches respecting the King's death. — Escapes from prison. — Defeated in an attempt to seize the King — Hunt- ly murders Earl of Moray. — Critical state of the Kingdom — Presbytery established by Law — Bothwell foiled in another attempt to seize the King. — Dreadful Feud in the North — Captain James Stuart, (Earl of Arran) kill- ed.— Death of John Erskine, of Dun. — Another plot of the Popish Lords defeated — Bothwell extorts a pardon from the King, which is declared null by Parliament — Popish Lords excommunicated, — Act of Abolition. — Feud between Maxwells and Johnstons. — Bothwell's unsuccessful invasion. — Argyle is sent against the Popish Lords. — Battle of Glenlivet — They are allowed to leave the Country. — Bothwell retires to Italy. — His estates divided 1587-1594.

i. THE king had now completed his twenty-first year, and BOOK

he issued a proclamation, summoning a parliament to meet J

on the 29th of July ; previously to which, he attempted the 1587- truly royal design of completely reconciling all his nobles, attains ma-

especially such as had cherished inveterate feuds, or were Jorit7,— re- » , XT • • i i concilesthe

known to be open enemies at the time. He invited them nobles.

all to Edinburgh, and prevailed upon the whole to pro- fess a mutual oblivion of injuries ; except lord Yester, who refused to accommodate his difference with lord Traquair, till a few months confinement in the castle brought him

VOL. III. X

154 HISTORY OF SCOTLAND.

BOOK to a better temper. The highly delighted monarch en-

Hk tertained the rest magnificently in the palace of Holyrood-

1587. house, and thence they walked to the Cross in procession,

hand in hand, where, in presence of the people, they

pledged each other, and drank, amid the rejoicings of the

spectators, to the continuation of the harmony now so happily

effected.

ii. Before the meeting of parliament, the general assembly convened at Edinburgh, to consider some propositions from the king, respecting the ministers who had used insulting language towards him, and about receiving Montgomery Affairs of again into communion. In answer, they replied, that if the church. tnere was anv prospect of the king's acceding to their re- quests for the security of the protestant religion, and restor- ing to the church the same liberty enjoyed before the year 1584, they would endeavour on these points to satisfy his majesty. Commissioners were at the same time appointed to attend parliament, and watch over the interests of the church, among whom was the venerable Erskine of Dun, now in extreme old age, and almost the last of the original p moters of the reformation.

in. When parliament sat down, their attention was first directed to the rights of the lords spiritual, to meet along Parlia- with them. The commissioners of the church who attend- ed, petitioned for the removal of the prelates, as they possess- ed no authority from the church, and the majority of them had neither function nor charge in it. Bruce, the abbot of Kinloss, defended their right as the first estate in the realm, — a right which the churchmen had ever enjoyed, — and complained against the ministers, for, after having first de- prived them of their ecclesiastical dignities, now wishing to exclude them from their places in the state. Pont, who though a bishop,* was one of the commissioners, replying in

* Pont was presented by the king to the bishopric of Caithness without so- licitation ; but before accepting it, he consulted the general assembly, whether they thought he might do so with a good conscience and without slander, as he meant to officiate at one church, and submit to all the regulations of the assembly. They thought, in consideration of his severe losses, that he might accept the temporalities, and as he was a bishop indeed, according to the character described by St. Paul, they did not object to the name. But in a

JAMES VI.

155

rather keen language, the king put an end to the debate, and BOOK desired the petition to be presented in a regular manner to the lords of the articles. This, which was a specious way of getting rid of a troublesome discussion, being adopted, the petition was refused. But as a douceur to soften their disappointment, they obtained the ratification of all the laws passed in favour of the protestant religion during the mi- nority of the king ; the enactment of a new and severe sta- tute against seminary priests and Jesuits, the most able, ac- tive, and insidious enemies of the reformation ; and an act an- nexing the unappropriated church lands to the crown. This last, so important in its consequences, was recommended to the presbyterians, as the most effectual preservative against episcopacy, by this most irrefragable consideration : — " If you take away," said its proposers, " the rich benefices, you will not be troubled with indolent bishops."* The king, who did not immediately perceive the tendency, was induc- ed to give his consent to what he afterward pronounced a vile and pernicious act,f by the necessities into which his pro- fusion to his favourites was constantly plunging him.

iv. The revenues of the crown had become nearly inade- Low state quate to meet the ordinary expenditure, as the administra- tion of the government, owing to the extending connexion of Scotland with other nations, was now more heavy, and the increase of luxury rendered the court more extravagant ; while the depreciation of the currency, since the discovery of India and America, the limited bounds of the royal do- mains, and the waste of so many minorities, rendered the monarch more indigent. To meet the public exigency some new fund was necessary ; but the nobles had not been accustomed to endure taxation, and there was little or no commerce to tax. The property of the church, which was still considerable, was therefore the only source from which

letter to the king, to prevent misconception, they added : " As to that cor- rupt estate or office of those who have been deemed bishops heretofore, we find it not agreeable to the word of God, and it hath been damned in divers others of our assemblies, neither is the said Mr. Robert willing to accept of it in that manner." — Calderwood, pp. 215-6.

» Spotswood, p. 365. Calderwood, p. 218. Parl. 11. Jac. VL c. 28.

+ Basilicon Doron, lib. 2.

156 HISTORY OF SCOTLAND.

BOOK any supply could be drawn ; and as the presbyterian minis-

[^ ters performed the duty, it seemed no great injustice to

1587. withdraw the emoluments from the bishops, who did no- Church thing. The nobles were urgent for the bill, because it secur- nexedato" e{^ to tnem tne ^ega^ possession of all the grants of church the crown, lands they had obtained from regents, or from the king in his minority — which he now might have revoked — and which they held by a precarious tenure, having previously no proper parliamentary sanction; and the ministers — whose aims were not high — were secured in a moderate living from the tithes, which then, with the majority of the Scottish clergy, was the utmost of their temporal ambi- tion.

Scottish v. Another act, passed this session, produced a consider- parha- a^je cjlange jn tne Scottish parliament, by introducing repre- sentatives for the counties among the commons ; and al- though its effects were not immediately perceived, it even- tually counteracted the beneficial tendency of the others. This may seem strange and paradoxical; but a very short view of the constitution of the Scottish parliament will un- riddle the apparent contradiction, and show that a measure essentially despotic, may be promoted by means apparently favourable to freedom.* The three estates, as their name implied, consisted of the lords temporal — the great and small barons — the lords spiritual, bishops, abbots, and priors ; and the commons, consisting at first of a few com- missioners of boroughs, who all met together in one chamber, where the lord chancellor presided. The num- bers naturally varied considerably at different times, from deaths, minorities, and forfeitures, among the nobility; from vacancies among the ecclesiastics ; and from a general disinclination in the boroughs to be at the cost of sending representative, as they had to pay his expenses during th time he served.

* It was not till after the revolution, when the lords of the articles were de clared a grievance, by Conv. Est. 1689, and actually suppressed, 1690, that freedom of discussion was known in the Scottish parliament. Of course, the king's influence depended upon the number of votes he could command. Ther appears, likewise, to have been a discretionary power sometimes used by the king, in only calling such as he knew were friendly to the measures he intend- ed to propose.

JAMES VI. 157

vi. Iii 1488, the whole of the titled Scottish nobility BOOK amounted to about forty. The dukes were confined to the royal family, the others were earls and lords ; the lesser ba- 15s?. rons were lards, or lairds, generally designated from their estates ; they held immediately of the crown, but their pro- perties were comparatively small. As peers of parliament, however, they were upon an equal footing with the titled nobles, and considerably exceeded them in number. The roll of parliament, 1472, gives the following, as the propor- tion in which that assembly was formed : — One duke, four bishops, six abbots, four priors, eight earls, fourteen lords, thirty-four lesser barons, the commissaries of the burghs, eleven ;* and here it will be observed, the number of the lesser barons was nearly equal to both the clergy and the peers ; and this proportion continued down to the time of the reformation, when a most important change took place in the constitution, by the exclusion of the ecclesiastics, or their re- duction to comparative insignificance in the high council of Ancient the land. The nobles were hereditary ; the clergy, ex officio, tjon members ; their rights were always definite and known ; those of the burgesses are more dubious ; they are noticed first in the parliament of Bruce, 1326;fbut it does not appear whether they were summoned as a constituent part of the parliament, or simply for a particular purpose in the then exigencies of the country, — to authorize, or rather regulate the mode of taxation about to be imposed on the boroughs. In that of David II. held at Scone, 20th July, 1366, are enumerated certain burgesses, summoned from each burgh, " for especial reasons." In another council, held at the same place, 27th September, 1367, thirteen delegates are mentioned from the burghs of Edinburgh, Aberdeen, Perth, Montrose, Had- dington, and Linlithgow. The object was to levy a tax. At the parliament in the same place, 12th June, 1368, " appear- ed the prelates, lords, and burgesses." Here no specific ob- ject was mentioned, and the business of the parliament ap- pears to have been general. From this period the burgesses seem to have met, and voted along with the other members of parliament. It may, however, be proper to remark, that

• Kaimes' Essay on British Antiq. p. 125. -f Abercromby, p. 635.

158 HISTORY OF SCOTLAND.

BOOK almost all the members of parliament considered it as a grie- **L vous burden to be constrained to attend, except those who 1587. were immediately connected with government, or had some particular purpose to serve. The smaller or lesser barons were extremely averse, and penalties were considered neces- sary to compel them to do their duty. James I., who wished to form his parliament on the English model, taking advan- tage of this disposition, procured an act, exempting the mi- nor barons from personal attendance, and empowering them to choose two commissioners for each county to represent them ; but this act was never carried into effect by that mon- arch, and the kings retained the power of enforcing the per- sonal attendance of all the minor barons, as vassals of the crown.

vn. A love of ease often forms the failing of some of the noblest minds ; and the arguments by which they can defend the superiority of their choice are so plausible, that they were ill to refute, did not the whole practical knowledge of life refute them. The active politician, though of inferior ta- lents, succeeds in getting into place and power, while the fa» superior endowments of a better competitor are buried in the shade ; merely because he declines the contest, from motives it were difficult, even for the most ingenious, to support, di he stop to analyze them. This principle however, which i more ignoble cases receives its proper name of indolence, ope rates with stronger power among half cultivated men, wh are glad to get rid of what costs a continuity of thought o of exertion. It produced among the Scottish chieftains c early ages, those anomalies in the constitution of Scotlanc which rendered, in these times, the Scottish parliament th most passive thing upon earth; while the Scottish noble were the most untractable and ungovernable of human be ings. They could not be troubled with public business, an with pleasure allowed the fatigue to be taken out of the Commit- hands by committees. The first of these was chosen in th parliament held at Perth, 6th March, 1368, when the scare ty of the season was assigned as the reason for committin the whole business into the cognizance of a select numbe while the rest were allowed to go home. This committe consisted of sixteen barons, sixteen clergy, and eight bui

JAMES VI. 159

gesses ; but in the last general council of David II., the coin- BOOK niittees assumed a rather different form, and appear as the _ first undoubted institution of the LORDS OF THE ARTICLES, 1587. afterward to present so prominent a part in the parliament ^ ^°ti_ of Scotland. At this meeting some were elected, by the ge- cles, neral and unanimous consent of the three communities as- sembled, to treat and deliberate on certain " special " and " secret " affairs of the king and kingdom, before they came to the knowledge of the said general council. This commit- tee consisted of six for the clergy, fourteen for the baixms, and seven burgesses ; which plainly shows, that it had first originated with the members of parliament, and was more likely to have proved an instrument of oligarchical, than of kingly tyranny ; but the impatience of civil drudgery, which the warlike nobles possessed, threw the advantage into the hands of the king, who was surrounded always with the high dignitaries of the church — men clear sighted to perceive, and ambitious enough to seize every avenue that led to influence. In consequence, from being a committee of parliament, it be- came completely a king's committee, and was latterly as much ander his control, as his own privy council.* The lords of the articles had the sole arrangement of whatever business was to come before parliament; to receive or to reject peti- tions, recommendations, &c. and to shape, previously to their meeting, all their acts. After the institution of this body, their influ. the Scottish parliament became merely a court for register- ence* ing edicts, in which any opposition to the royal will, would i probably have been held as treasonable as any opposition in the field.f The Scottish king had no negative voice in par- liament. Whatever acts were presented to him, as passed by the estates, he was bound to ratify ; but this was mere-

* They were elected at this time in equal numbers from each estate ; eight from the nobles, eight from the clergy, and eight from the representatives ot boroughs ; to which were added, eight of the principal officers of the crown.

f " For here I must note unto you, the difference of the two parliaments in these two kingdoms, for there [in Scotland] they must not speake without the chauncellor's leave, and if any man doe propound or vtter any seditious or vncomely speeches, he is straght interrupted, and silenced by the chaun- cellor's authority." — King James' Works, p. 521, 528. Such was the liberty of speech in the days of James VI. It did not improve under any of the suc- ceeding Stuarts.

160 HISTORY OF SCOTLAND.

BOOK ly nugatory, as no acts were presented to him which had HI' not previously received his sanction; or if any such had been,

1587. they were silently removed before they received the con- firming touch of the sceptre. This James VI. in his speech to the commons at Whitehall, distinctly states. He re- marks : " It has likewise been objected, that in the parlia- ment of Scotland, the king has not a negative voice, but must pass the laws agreed on by the lords and commons.

Subservi- I can assure you, that the form of parliament there, is no- ^tcaete°sf the thing inclined to popularity. About twenty days before parliament, proclamation is made to deliver to the king's clerk-register, all bills to be exhibited that session. They are then brought to the king to be perused, and considered of by him, and only such as I allow of are put into the chauncellor's hands, to be proposed to parliament. Besides, when they have passed them for laws, they are presented to me, and I, with my sceptre put into my hands by my chauncellor, must say, I ratify and approve all things in this parliament ; and if there be any thing I dislike, they raze it out before."

Confirmed viu. Such being the constitution of a Scottish parlia- represent! ment, it might seem of little consequence, how the minor tion. arrangements, the collecting of its subordinate constituent

parts, was conducted. But the reformation had greatly strengthened the power of the aristocracy, by destroying that of the clergy, and by the erection of many priories and abbeys into temporal lordships ; and in the same pro- portion had the influence of the crown been weakened. The king, therefore, in order to counterbalance this, pro- cured an act, similar to that of James I. to be passed; by which, representatives were chosen for the counties, and ever after continued to form a part of the Scottish parlia- ment. By this means the king regained his full influence; it being always, or for the most part, in his power to di- rect the election of the representatives of the shires.

1588. 1X< Europe had for some years resounded with the war- Warlike like preparations of Spain, the object of which was un- tions of" known, but the magnitude of the scale on which they were Spain. conducted, evinced its importance. Philip, by the con- quest of Portugal acquired the command of the commerce

JAMES VI. 161

and wealth of India, as he had already possession of the BOOK treasures of America, and both were expended on this

vast armament. A fleet, the greatest known in modern 15g7 times, was collected at Lisbon, which had been appointed the rendezvous, and a numerous army, composed of ve- terans, esteemed the best soldiers in Europe, was assem- bled ready to embark. Elizabeth, who knew the enmity of Philip, and the provocation she had given him, by aid- ing his heretical subjects in the Netherlands ; by allowing her ships to insult the coasts of Spain, and threaten his do- minions in the New World, was neither inattentive to her danger, nor to the means of defence. Aware of the im- portance of having Scotland secured, she instructed her am- bassador, Ashby, to warn James of the impending danger which threatened his own crown equally with her's. The bigoted disposition of Philip left no room to doubt, but that james when he subdued England, he would not allow Scotland, — courted by

P n . , Elizabeth

so obnoxious to the court or Kome, — to remain Jong unmo- and Philip, ested ; and she used besides, other arguments, which she upposed might have equal weight — she promised him a dutchy in England, with suitable estates attached to it, be- sides a pension of five thousand pounds per annum, and to maintain for him a body guard. The king of Spain, who was equally anxious to gain James, was not less liberal in his sromises ; he flattered him with the hope of sharing in his conquest, and offered him his daughter, the infanta Isabella, in marriage. But it required little penetration to perceive that the safety of Scotland was closely joined to that of Eng- land, and that Philip was not a monarch who would con- quer kingdoms to give them away; James, therefore, pursu- Adheres to ing the line of conduct which his own interest imperiously de- England. manded, rejected the offers of Philip, and adhered to his al- liance with the queen of England.

x. Philip, in addition to his negotiation with the king, had sent over numerous emissaries, priests and Jesuits, to tamper with his nobles, and seduce his subjects from their Philip en- adherence to the protestant faith, and their loyalty to their t*aVjUrs prince. James Gordon, a Jesuit, uncle to the earl of Hunt- the noble*, ly, and Edmond Hay, of the same order, a man of great VOL. in. Y

162 HISTORY OF SCOTLAND.

BOOK ability, and insinuating manners, had been particularly ac- III- live, so much so, as to draw upon them the attention of the

1588. court; and a proclamation was issued for their apprehen- sion, together with a long list of others who had attracted the notice, of the ministers ; but through the interest of their friends, — particularly Huntly, who was on the eve of his marriage with Lennox's daughter, — upon their represen- tations to the king, and their promise to leave the country as soon as they could find a convenient opportunity, they were permitted to remain and disseminate their doctrines till the beginning of the year, James contenting himself, du- ring the winter, with writing a commentary on the Apoca- lypse, and proving the pope to be antichrist; by which, probably, he expected to effect their conversion, an issue more desirable to him as an author, than their banishment. xi. The ministers, although equally zealous with his ma- jesty, in endeavouring to counteract by argument the efforts of the enemy, who were preparing a party to join the inva- ders, if they should effect a landing, deemed it expedient to resort to some more efficacious and prompt measures. An extraordinary meeting of the general assembly was called, to take into consideration the dangers hanging over the church and commonwealth, through the machinations of the Jesuits. The meeting was unusually crowded, and all were equally impressed with the alarming state of public affairs. Proceed- In order that their deliberations might be conducted without

ings of the C0nfusjon, and that the several opinions and advice of the assembly .

members might be more easily collected, the ministers, no-

bles, and lesser barons and commissioners, met each apart. The result of their separate conferences were next day de- livered to the assembly, when it was proposed to proceed in a body to the king, to require that the laws against Jesuits, seminary priests, and their accomplices, should be put in execution ; and offering their lives, lands and for- tunes, to be employed in the service of their country. The king, when informed of their intention, considering this as a reproof of his own carelessness, got petted and angry, and asked if they meant to threaten him with their power, and dictate to him ? and refused to receive the assembly ; but

JAMES V/. 163

sent for a few, to whom he expressed his dislike at the man- BOOK ner of their proceedings, which he did not think sufficiently respectful. Yet, as the subject was important, and as it was 1588. necessary to take immediate steps, he desired them to tell the assembly, that he would appoint some members of his privy council to meet with any deputation they would ap- point, and concert measures for the common safety.* The joint committee proceeded cordially ; and notwithstanding the king wished to temporize with Huntly, Errol, and Craw- ford, who were at the head of a faction that openly espous- ed the cause of Spain, the grand objects were in some mea- sure attained ; by shaming him into more active measures, and originating a bondf among themselves, under his sanc- tion, for the mutual defence of king, church, and state, which was recommended by the ministers, and eagerly en- Bond for tered into by persons of every rank. In this solemn obli- defence of gation, they consider the Reformed religion and the king's state. estate, to have the same friends and enemies, and both to be equally threatened by foreign preparations for prosecut- ing that detestable conspiracy, named the holy league, and by the emissaries of the foreign powers, and their accom- plices within the realm ; and they engage before God, to defend and maintain both, against every attempt, foreign or domestic, particularly the threatened invasion; and bind and oblige themselves, to assemble with their friends in arms, at such time and place as his majesty should appoint, and hazard their lives, lands and goods, in defence of the true re- ligion, and his majesty's person ; and also engage upon their truth and honour, that they would do their utmost to disco- ver Jesuits and vassals of Rome ; that every private interest should yield to the public welfare, and that every private

* Spots wood, 305-6.

f Dr. Robertson, Hist, of Scot. Book vii. confounds this Bond with the National Covenant, which was entered into, 1580, vide p. 39. This was especially a bond against the Spanish invasion, which, however, the Doctor very properly characterizes, " as a prudent and laudable device for the defence and liberties of the nation. Nor were the terms other than might have been expected from men, alarmed with the impending danger of popery, and threat- ened with an invasion by one of the most bigoted, and most powerful princes in Europe."

HISTORY OF SCOTLAND.

BOOK quarrel or feud, should be submitted to the arbitration of 1IL persons to be appointed by his majesty.* 1588> xn. Immediately after the assembly rose, James took ac- tive measures to disperse an insurrection which happened in the south. Lord Maxwell, who had received liberty to go abroad, had resided some months in Spain ; where, having Lord Max- seen the preparations for invading England, he returned pates^Tas- nome' and landed at Kirkcudbright, about the end of April ; sist the as it was then expected that the Spanish fleet would steer for Spaniards. the wegt of gcotlant|} wnere they might land more safely, and with the assistance of the disaffected in that quarter, en- ter England by the borders. A number of the unruly and necessitous borderers flocked to him on his landing, and his partisans were increasing so rapidly, that lord Herries, the warden, finding himself unable to put them down, gave in- Summoned formation to the king, who immediately charged Maxwell to befor^h aPPear before the council. Maxwell, instead of obeying the king. summons, began to fortify the castles of which he had pos- session, which so provoked his majesty, that, collecting what troops he could, upon the spur of the moment, he set out for Dumfries, with such unexpected despatch, that he had near- ly surprised Maxwell in that town ; but some short resistance having been made, he had time to escape. Next day, the castles of Lochmaben, Langholm, Treve, and Carlaverock, were summoned, and all of them surrendered except Lochma- ben, the governor of which, trusting to the royal army's want of artillery, refused ; but the king having borrowed a few pieces from the English warden, after a shot or two had been fired, the garrison surrendered to sir William Stuart, brother to captain James, upon condition that their lives should be spared. The captain, having refused to surrender when summoned by the king in person, was hanged ; the rest were dismissed. Next day, the king despatched Stuart after lord Maxwell, who was endeavouring to escape by sea ; and Madepri- he having overtaken him, brought him prisoner to Edin- burgh, to the king. Soon after, captain James was killed in a casual rencounter, by the earl of Bothwell, in the High Street of Edinburgh.

* Calderwood, pp. 323-5.

JAMES VI. 165

xin. Scarcely had the king returned to his capital, when BOOK

intelligence arrived of the sailing of the Spanish Armada, _

on which he immediately summoned a meeting of the estates ; 1588. and, in an opening speech, pointed out to them the close uni- on that existed between the interest of Scotland and Eng- and, and that an invasion of England, as it was an invasion Prepara- of his right, would be but a prelude to the invasion of Scot- and ; the pretext for invading England was religion, but in his view both kingdoms were the same. " For myself, >-1 continued the king, " I have ever thought mine own safety, and the safety of religion, to be so conjoined, as that they cannot well be separated ; neither desire I to live, or to reign [longer, than while I am able to maintain the same. I know that the opinion of some is, I have now a fair opportunity For revenging the wrong and unkindness done me, by the (Jeath of my mother ; but, whatever I think of the excuses Uhich the queen has made me, I will not be so foolish, as to pke the help of one stronger than myself, nor will I seek to gratify my own passions at the expense of religion, and the *isk of putting in hazard, not only this kingdom, but those :hat belong to me after her decease." Maitland, the chan- :ellor, seconded the sentiments of the king, and suggested ,he most proper plan of defence to be adopted. As Eliza- jeth had not required any assistance, he recommended that heir principal attention should be directed to secure their jwn country from invasion ; that a general enrolment should oe made of the whole population fit to bear arms, and noble- men appointed in every district, to take the command ; watches to be appointed at all the sea-ports, and beacons erected upon the most conspicuous eminences, to alarm the country on the appearance of any fleet ; and that the king fnd council should remain at Edinburgh, to direct and (superintend the whole. The estates unanimously approv- i;d of the measures proposed, with the exception of Both- well, who wished to take advantage of the present circum- stances, for attacking England ; but the king desired him |o attend to his own duty as admiral, and look to the ships, xiv. While the country exhibited a general appearance >f vigorous exertion, — all the protestant population, as if Animated with one soul, actively seconding the measures of

166 HISTORY OF SCOTLAND.

BOOK government, — James wrote a letter to Elizabeth, offering u

. IIL aid her with the whole of his forces. The queen of Eng

He offer's land> wno was nighlv gratified with these demonstrations o assistance cordial co-operation, despatched sir Robert Sidney, to thanl the Scottish king, and to offer in return, her assistance if the Spaniards should land in Scotland. In conversa- tion with this ambassador, on the probable subjection o Scotland in case England were overcome, James told hinr the only favour he expected from the Spanish king, was similar to that promised by Polyphemus to Ulysses, to b< devoured last.

xv. At this most important juncture, the king was influen- ced by Maitland, — almost the only able statesman that evei enjoyed any thing of his confidence, — and he perceived th necessity of acting in conjunction with the ministers, who pos sessed so much influence with the people; the consequeno was, that the public measures, which were directed by tin council, were wise, and well adapted to the exigencies o the time ; while those in which the king was personally ea gaged, betrayed a woful degree of indecision and imbecility A little after the convention dissolved, colonel Semple, a; agent of the prince of Parma, arrived at Leith, on a pretend- ed mission to the king ; but his communication was of so trifling a nature, that it raised suspicions of its being merely a covert for some darker purpose. He was accordingly order- ed to be watched, and was taken in the very act of unsealing despatches from abroad. When detected, he readily offer- ed to go before the council, but contrived to inform Hunt- ly, who was allowed by the king to reside with his new married lady in the precincts of Holyroodhouse, of his pro- cedure; and was in consequence, forcibly rescued on his road to the palace. Information of this being carried to the chan- cellor, who was attending the evening service of St. Giles — it was a public fast — he instantly collected a number of peo- ple, and went in pursuit of Huntly, who must have been taken ; but the king, who was returning from Falkland, met him in the street, and would not allow him to proceed. Huntly, however, was sent for to the chancellor's, and hav- ing made some frivolous excuse, was permitted to depart, on promising to produce Semple next day ; but during th<

JAMES VI. 167

night, Semple made his escape, and was never more heard BOOK >f, and the only punishment inflicted on Huntly for this dar- _ ng and treasonable outrage, was being forbid the king's pre- 1588. ence for a few days.*

xvi. At length the long threatened expedition arrived in Armada he English channel. The instructions of the Spanish mo- t^e gng? narch were, first to scour the straits of all the enemy's vessels, lish

TIB!

hen join an armament under the duke of Parma, and sail- ng directly up the Thames, by one decisive blow, seal the fate of England ; and so certain were they of success, that no >recautionary measures were taken to lessen the disasters of a defeat, by securing some friendly port, where they might lave found shelter from enemies or storms, or repaired their damages. The admiral of the fleet disobeyed his orders, and sailed direct for Plymouth, where he understood the English fleet, dispersed by some late gales, had gone to re- it ; but the English, who had been informed by a Flemish or Scottish pirate of their approach, were prepared to meet them, and had put to sea, with the intention of taking ad- vantage of any favourable circumstance which might arise ; and the activity of sir Francis Drake was successful in cut- ting off two of the largest ships. As the Armada proceeded, it continued to be harassed by the smaller, but more manag- able vessels of their enemies ; and when they reached Calais, 3efore which they anchored, a successful stratagem was practised against them, by sending a number of small ves- sels, filled with combustibles, into the midst of the fleet. Alarmed at their appearance, the Spaniards cut their cables, and endeavoured to escape, without order, and in the great- est trepidation. The English attacked them in their con- fusion, and did considerable damage; while the elements con- spiring with the enemy, spread terror and ruin throughout this immense armament, a few weeks ago, presumptuously designated invincible.

xvii. The duke of Parma, blockaded by the Dutch, had only a fleet of transports ; and the floating bulwarks to which he had trusted, scarcely able to defend themselves, could neither relieve the blockade, nor protect him on his passage.

• Spotswood, p. 370.

168

HISTORY OF SCOTLAND.

1588.

And des- truction.

BOOK He therefore gave up all idea of attempting it, and the Spa- IIL nish admiral, who saw his fleet daily diminishing, prepared to return home ; but the wind proving contrary for sailing through the channel, he resolved to stretch northward, and, making a sweep round the island, return by the western ocean. A violent tempest overtook them after they had passed Orkney, and the sailors, unable to contend, yielded to its fury, and the scattered Armada perished miserably nmono- the Hebrides, and on the coasts of Scotland and Ire- land. A few only returned to Spain, to carry thither the melancholy tidings, which filled almost every family of note with mourning; for such had been the anxiety of the gran- dees to share in the glory of conquering England, that there was hardly one house, who had not furnished a father, bro- ther, or son, as a soldier or volunteer, on this holy expedition, xvni. The rejoicings in both kingdoms, on account of this most propitious event, were, among the protestants, ardent and sincere. In Scotland they were expressed in the most lively manner ; yet, notwithstanding the zeal manifested against the errors of popery, and the determined resistance to its tyranny, it is pleasant to know that it did not operate in extinguishing the feelings of humanity to the most bigoted of the Romish persuasion, when shipwrecked upon their coasts, and thrown helpless among a people they had em- barked to destroy. Hundreds of the sufferers, who were forced ashore, were kindly treated, supplied with necessaries, and sent back in safety to their own country.* The Roman

* Robertson's Hist, of Scot. Book vii. The following is too remarkable to be omitted. James Melville, minister of Anstruther, a seaport on the south- east coast of Fife, was early one morning, before the overthrow of the Armada was known in Scotland, informed by one of the bailies of the town that a ship filled with Spaniards, had entered their harbour, but that the strangers wert- come to ask mercy, not to give it, and the magistrates requested his advice how to act. The principal inhabitants having convened, it was agreed, after con- sultation, to give audience to the commander, and that their minister, who had some acquaintance with the Spanish language, should convey to him the senti- ments of the town. Intimation of this having been sent to the vessel, a vene- rable old man, of large stature, and martial countenance, entered the town-hall, and making a profound bow, and touching the minister's shoe with his hand, addressed him in Spanish. " His name was Jan Gomez de Medina. He was commander of twenty hulks, being part of the grand fleet, his master Phi- lip king; of Spain, had fitted out, to revenge the insufferable insults which ht

JAMES VI. 169

catholics, however, who had anticipated the triumph of their BOOK religion in the ruin of their country, disappointed by the '*'• unexpected failure of the Spanish Arniada, became dispirited ~TJIT"~

had received from the English nation , but God, on account of their sins, had fought against them, and dispersed them by a storm, the vessels under his com- mand, had been separated from the main fleet, driven on the north coast of Scotland, and shipwrecked on the Fair Isle ; and after escaping the merciless waves and rocks, and enduring great hardships from hunger and cold, he, and such of his men as were preserved, had made their way in their only remain- ing bark to this place, intending to seek assistance from their good friends and confederates, the Scots, and to kiss his majesty's hand, (making another pro- found bow,) from whom he expected relief and comfort to himself, his officers, and poor men, whose case was most pitiable." When James Melville was about to reply in Latin, a young man, who acted as interpreter, repeated his master's speech in English. The minister then addressed the admiral. " On the score of friendship, or of the cause in which they were embarked, the Spaniards, he said, had no claims on them ; the king of Spain was a sworn vassal to the bishop of Rome, and on that ground, they and their king defied him ; and with respect to England, the Scots were indissolubly leagued with that kingdom, and regarded an attack upon it as the same with an attack upon themselves. But although this was the case, they looked upon them in their present situation, as men, and fellow-creatures, labouring under privations and sufferings, to which they themselves were liable ; and they rejoiced at an op- portunity of testifying how superior their religion was to that of their enemies. Many Scotsmen, who had resorted to Spain for the purposes of trade and com- merce, had been thrown into prison as heretics, their property confiscated, and their bodies committed to the flames. But so far from retaliating such cruel- ties on them, they would give them every kind of relief and comfort which was in their power, leaving it to God to work such a change in their hearts as he pleased." This answer being reported by the interpreter to the Spanish ad- miral, he returned most humble thanks, adding, that he could not answer for the laws and practices of his church, but as for himself, there were j many in Scotland, and perhaps some in that very town, who could attest i that he had treated them with favour and courtesy. After this, the admiral and his officers were conveyed to lodgings which had been provided for them, ! and were hospitably entertained by the magistrates and neighbouring gentle- I men, until they obtained a license and protection from his majesty to return ! home. " The privates, to the number of threttin score, for the maist part j young berdles men, sillie, trauchled and hungered, were supplied with keall, ! pottage, and fish."

The sequel of the story is gratifying. Some time after this, a vessel belong-

I ing to Anstruther, was arrested in a Spanish port. Don Jan Gomez, was no

sooner informed of this, than he posted to court, and obtained her release

i from the king, to whom he spoke in the highest terms, of the humanity and

j hospitality of the Scots, he invited the ship's company to his house, inquired

kindly after his acquaintances in the good town of Anstruther, and sent his

warmest commendations to their minister, and other individuals, to whom he

considered himself as most particularly indebted. Melville's Diary, quoted by

Dr. M'Crie.

VOL. in. Z

170 HISTORY OF SCOTLAND.

BOOK and enraged, in proportion as they had been sanguine anc

confident, and began immediately to engage in new intrigues

15S8. The duke of Parma endeavoured to revive their hopes

Intrigues by representing the loss in the late expedition, as greatly ex

of the Pop. acrcrerated, and encouraging them with the hope of a

:sh lords. ots o r

armament being despatched m the spring, before the tem- pestuous weather should set in ; and in the meantime, re mitted a large sum of money to Bruce, a seminary priest ir Scotland, to be applied as he saw proper, in securing th nobles already gained, and in endeavouring to make ne proselytes.

xix. At the head of the party, stood the earls of Huntly, Crawford, Errol, and lord Maxwell, who styled himself earl of Morton. All these entered into a correspondence with the prince of Parma, and offered their services to the king of Spain, advising him to make an attempt upon England through Scotland, which they lamented had not been done by the Armada ; for if it had, it could scarcely have failed of success. Huntly, who had basely reconciled himself to the church, excused himself for his compromise, by pleading ne- cessity ; and promising to atone for his hollow compliance, by some good service, tending to the advancement of the cause of God, who, he said, had given him such favour with his majesty, as to enable him to remove the former guard, and replace them by persons wholly at his devotion ; who, so soon as the promised aid should arrive, should ensure the downfall of the heretics' power, and the triumph of the catho- lics. Errol, who had been newly converted to the Roman catholic faith, said, that ever since his conversion, he thought himself bound to promote his catholic majesty's enterprises,

Their pro- and as the promotion of that religion, which was the great- posals to • , ° .

Philip. est» anc* most important cause in the world, was so inti- mately connected with them, he was now become altogether his; and the united desire of the whole was, that Philip would send six thousand veteran troops, and as much mo- ney as would support six thousand more, with which they engaged, within six hours after their arrival, to advance in- to England, to assist the forces he might be able to land there. They besides, advised him, that the most likely plan to ensure success, would be to divide his forces; and in-

JAMES VI. 171

stead of attacking England with his whole army at one BOOK point, to make a simultaneous attack upon it, from Ireland

and Scotland, which would distract the attention of the 1589- government; and while they made their greatest efforts on the side of Scotland, believing the main force to be in that quarter, a descent might be made directly upon the coasts of England, which would be left naked and defenceless.

O *

xx. The foreign emissaries, who foresaw that a number of difficulties or hindrances might retard any attempt from abroad, urged the popish lords, in the meantime, to do some- thing at home, which might induce the Spanish monarch to hasten his operations, and make him more anxious to send his promised aid. A plan was formed at their instigation, to get They con. possession of the king's person, and remove from his presence SJ the chancellor and treasurer ; for they despaired of effecting king, their purpose while they directed his councils. In this scheme to overturn the cabinet, they calculated upon the as- sistance of other noblemen, who, although not Roman ca- tholics, were discontented. Bothwell, a grandson of James V.* — whose restless disposition would never allow him to remain long quiet, — and the earl of Montrose, proposed to assemble a force at Quarrel- holes, between Leith and Edin- burgh, and thence proceed directly to Holyroodhouse, and take possession of the royal person. Maitland and Glam- mis were to be excluded, or, if found in attendance, were to be killed. This plan was, however, disconcerted, by his majesty's remaining with the chancellor, in whose house he had lodged during the greater part of the preceding winter. The conspirators, when they learned that the king had fix- ed his residence within the walls, halted at different places, a considerable way from the city. Huntly alone, presum- ing on James' affection, proceeded, and on the evening on which they had appointed to meet, with the most daring au- dacity, entered the presence chamber, where the king was conversing with the chancellor, attended by Kinfauns, the earl of Crawford's brother, and some of Errol's most deter- mined followers. The unexpected appearance of the men, and their threatening look, excited suspicion in some of the

• A son of John Stuart, prior of Coldinghani.

172 HISTORY OF SCOTLAND.

BOOK chancellor's friends, who, anxious for his safety, pressed *"• round him; and on the king's retiring — which he did after he 1589. had conversed a little with Huntly — guarded him to his own Their plan apartments, immediately above those of his majesty. As e eated. soon as },e withdrew, he sent a message to the king, to intimate respectfully the insult that had been offered, and point out the impropriety and danger of suffering so many armed men to remain in the house ; whereupon the earl and his followers were ordered to depart, and the rooms were shut. Next morning the king sent for him, and straitly interro- gated him as to his errand in town, and why he came with

Huntly armed attendants? his answers being vague and unsatisfac- sent to the

castle. tory, he was forthwith committed to the castle. Informa- tion being also received that day of the advance of some of the others with bodies of men, the whole plot was discovered. Errol and On this Errol and Bothwell were summoned to appear be- declared re- ^ore *-ne council, which refusing to do, they were denounced bels. rebels. Huntly, after a very short confinement, was, upon a

promise of better behaviour in future, set at liberty by the king, and allowed to go north. In his progress thither he had an interview with the earl of Crawford at Perth, which they intended to fortify as convenient head quarters for as- sembling their forces ; but hearing that the treasurer had ar- rived in that quarter, and had appointed a meeting of his vas- sals at Meigle, they gave up their intention, and proceeding against him, pursued him to the house of Kirkhill, which, on his attempting to defend, they set fire to, and forced him to surrender. After this they marched north.

xxi. Prosperity had not lulled the vigilance of Elizabeth ; and as she was well acquainted with the state of Scotland, she watched with jealousy the proceedings of the disaffected, then rendered more dangerous and daring by the impunity which they hoped from the facile disposition of the king, or the incomprehensible refinement of his ingenious king-craft. Elizabeth All the treasonable correspondence of the popish lords was their plots, intercepted in England by her agents, and the extensive con- spiracy discovered. Alarmed at the danger with which she was threatened, she wrote a very sharp letter to James; and reproaching him with his remissness and lenity in former cases, exhorted him to take some strong measures now, and

JAMES VI. 173

to punish with severity those concerned in the present wide BOOK spread treasonable project. In compliance with her injunc-

tions, a proclamation was issued, ordering the Jesuits, semi- 1539. nary priests, and their abettors, particularly Hay, Crichton, Urges their and Bruce, to quit the country under pain of death ; but in- j^™1* " stead of obeying the mandate, they resorted to Huntly, Craw- ford, and Errol, and instigated them to repay the clemency of their sovereign, by breaking out in open insurrection.

xxn. The three combined lords accordingly collected They rebel their forces, and in the beginning of April entered Aber- deen, where they issued a proclamation in the king's name, declaring that he was held captive ; and calling upon all his loyal subjects to aid those who had taken arms to procure his liberation. They were the more readily induced to take this step, by the hope that Bothwell and his friends in the south would be able to create such a diversion as would prevent the king, for some time, for bringing any force against them. But the king having proclaimed Both- The king well and the chief of his followers, rebels, resolved to march Pro?eeds

against

against the more formidable party in the north, and crush them, them before they had time to consolidate their strength. Having hastily assembled a small army, he advanced rapidly to Currie, a small village about ten or twelve miles distant from Aberdeen, where he learned that the confederates, three thousand strong, were in full march to meet him. They did not, however, dare to trust their forces ; many of whom had joined them in the belief that they had the king's commission, and the leaders disagreeing among themselves, they dispersed at the bridge of Dee. On hearing of their dispersion, the king went to Aberdeen, where he received the submission of several who had joined the rebels, and offers of service from numbers of the noblemen and barons. ' From Aberdeen he proceeded to Edinburgh, where he was joined by the treasurer; who had obtained his liberty, and i was commissioned by Crawford and Huntly to carry their They sub- i offers of submission to the king, as was the chancellor that mu* | of Bothwell. The parties were desired to enter ward, and submit to trial ; but the king would consent to no conditions. With this the earls found it advisable to comply, and on the 4th of May were indicted in eight distinct charges of treason:

174

HISTORY OF SCOTLAND.

BOOK III.

1.589.

Are indict ed for trea-

Found guilty,

Pardoned.

The king's matrimo- nial nego- tiations,

— for practising with Jesuits, priests, and foreigners, against religion ; receiving Spanish gold, and hiring soldiers to dis- turb the peace of the realm ; for entering into a treasonable bond to surprise and fortify Perth ; for conspiring to take the king prisoner, and kill his counsellors ; for having set fire to the house of Kirkhill, and taken the treasurer, Glammis, prisoner; for having convoked the lieges by proclamation, under pretence that the king was detained prisoner against his will ; for coming with displayed banners against the king at the bridge of Dee ; for having maltreated the king's he- rald, and prevented him from proclaiming the king's letters ; and for having hired strangers, soldiers and others, to in- vade the town of Leith during the king's absence. This last particularly applied to Bothwell. Huntly pleaded guilty, and threw himself on the king's mercy ; the others were found so, partly by their own confession, and partly proved upon them ; but sentence was suspended by the king's war- rant, and they were committed to prison during his majes- ty's pleasure — Bothwell to Tantallon, Crawford to Black- ness, and Huntly to Edinburgh castle. After a few months' confinement, they and all the rebels were pardoned, amid the rejoicings in prospect of the king's marriage.

xxirr. Ever since the embassy from Denmark, James had directed his thoughts thither for a suitable consort. Mr. Peter Young, who had been one of his tutors, was sent, soon after the ambassador's return, to visit that court, and inform him of the appearance, manners, and qualifications of the princesses ; upon which, if favourable, he determined early to send a more honourable embassage. Soon after, colonel Stewart, who had a pension from the king of Denmark, un- der cover of his own business, went also thither, and carried with him some written instructions, to enter into a negotia- tion with the king about a marriage ; and both these en- voys returned home highly pleased with the manner in which they had been treated, and full of the praises of the young princesses.

xxiv. Elizabeth, from the moment she had heard of the Danish embassy, was jealous lest it would end in a marriage, and began to practise all her arts to prevent it ; but James, resolved upon matrimony, despatched another embassy to

JAMES vr. 175

forward the match. Scarcely, however, had they sailed, BOOK when Guilaume de Saluste, Sieur du Bartas, the celebrated French poet, who had been invited by the Scottish king to 1.589. pay him a visit, arrived in Scotland. Henry IV., then king Frustrated of Navarre, who was at that time anxious to secure the al- liance of all the protestant princes, took advantage of this visit, to propose a treaty with the king of Scots, and to offer him in marriage his sister, the princess of Navarre. James, gratified by the attention of Henry, and flattered by the poet, acceded to the proposals, and sent lord Tungland, along with Du Bartas, to France, to bring him a report of the princess of Navarre. The princess rejected the match, in consequence of her attachment to the Compte de Sois- sons ; and the king of Denmark, who had been informed of the mission by the English agents, and was already disgust- ed with the delays, and tired with the repetition of embassies which came to nothing, gave his eldest daughter in marriage to the duke of Brunswick.

xxv. Disappointed in his hopes from both, James, who was now arrived at full manhood, and stood, as he himself expressed it, aldne, without father, mother, brother, or sis- ter, imagining that the failure had proceeded from his own Renews ' ministers, made his addresses to the princess Anne, Fre- ^emnarL derick's second daughter. Thwarted once more by a vote of his council, who, gained by England, pronounced against his marriage with Denmark, and Elizabeth, at the same time, sending him a message to dissuade him from the match, i. the king became irritated, and his love rendered more ar- dent by opposition, prompted him to a measure which no- thing but the violence of his passion could excuse. He in- cited, by some of his confidential servants, the deacons and craftsmen of Edinburgh to mob the chancellor, and threaten his life if any more obstacles were thrown in the way of his gratification. The rough arguments of the trades had the desired effect, and the earl Marischall was despatched to Denmark, with full powers and instructions under the king's Marries own hand. The marriage articles were easily settled, and Ann^y the young queen, who was married by proxy, set sail for proxy. Scotland.

176 HISTORY OF SCOTLAND,

BOOK xxvi. James, whose expectation was now upon the stretch, HI- was yet doomed to feel other disappointments. A violent 1589. storm drove the fleet into Norway in so shattered a condi- tion, that they could not proceed upon the voyage, and it was determined that the queen should winter in Norway. The king's belief in witchcraft was solid and sincere, yet notwithstanding the general suspicion, that the witches, both of Norway and Scotland, were leagued against him, his ama- tory impatience got the better of his fears, and he determin- ed to proceed himself to the north, and bring home his bride. Proceeds to Without communicating his design to any of the council, he conduct" her set sa^> accompanied by the chancellor, a number of noble - to Scotland; nien, and a splendid train, and after a rough voyage of five days, arrived at a small port near Upsal, where the queen was. On the Sunday following, the marriage was solemnize ed by the king, Lindsay, the minister of Leith, who acted as his chaplain, performing the ceremony in the French lan-j guage. On an invitation from the court of Denmark, h To Copen- rePaire(3 to Copenhagen, and spent the winter in feasting an bagen. entertainments, which were augmented by the solemnizatio of the queen's sister's marriage, early in the spring ; nor w it till the latter end of April that he thought of returning to his own dominions.*

xxvii. Previously to his departure, the king had arranged a kind of regency to manage in his absence, at the head of which he placed the duke of Lennox, assisted by Bothwell and sir Robert Melville, and the other officers of state resi- dent constantly in Edinburgh. He appointed also various nobkmen to attend to the peace of the borders, and the in- ternal state of the country; and the church, through the Tranquilli. w*se measures of the chancellor, being now on good terms ty during with the court, Mr. Robert Bruce, one of the ministers of ' Edinburgh, was nominated an extraordinary member of the privy council. During the whole of the king's absence, the country remained in a state of tranquillity, such as it had not known for many years — a tranquillity which the king attributed chiefly to the zealous exertions of the clergy, of which, although he afterward requited them so ungratefully,

e Sir James Melville's Memoirs, p. 353, 359. Spotswood. p. 377. Calder- wood, p. 224. M'Crie's Life of Melville, p. 369, Note.

JAMES VI. 177

he appeared at the time to be fully sensible. In some of his BOOK letters to Bruce, which are still preserved, he tells him, that ***• he was worth the quarter of his kingdom, and that he would 1590 reckon himself beholden to him while he lived for the ser- vices he had done him, and would never forget the same-*

xxvin. In the beginning of May the royal party arrived He arrives at Leith, and were received with the greatest demonstra- at Leith- tions of joy, by the immense crowds who had assembled to welcome them on their landing. On the 17th, the ceremony of the queen's coronation was performed with great solemn- ity in the chapel of Holyroodhouse, at which all the foreign ambassadors were present, and an immense concourse of the nobility and gentry. Three sermons were preached on the occasion, in three different languages, Latin, French, and English ; after which, while the royal party retired for a little, Andrew Melville recited a Latin poem, composed by him in celebration of the event, which the king, in returning thanks, said, had done him and the country such honour as he could never requite.f Robert Bruce, one of the mini- sters of Edinburgh, had the honour of anointing the queen, 'corona. and David Lindsay, minister of Leith, assisted by the chan- tionofthc cellor, created lord Thirlstane on the occasion, placed the qi crown on her head. The solemnity continued from ten in the morning till five at night. Next Tuesday she made her public entry into' Edinburgh, and was received with shows and pageants, as customary at the time. Sunday following, they attended divine service in the High Church. After ser- mon, the king harangued the congregation. He told them he was come to thank God for his safe return, them for their good conduct, and the ministers for their great care in re-

* After thanking Bruce, he adds the following irreverent intimation, desir- ing him to " see that he waken up all men to attend his coming, and prepare themselves accordingly, for his diet would be sooner, nor perhaps it was look- ed for : and as our Master saith, He will come like a thief in the night, and whose lampes he found burning provided with oile, these he would cunne thanks, and bring into the banquet house with him ; but these that lacked their burning lampes provided with oile would be barred at the door ; for then would he not accept, their crying, Lord, Lord, at his coming, that had forgotten him all the time of his absence." — Calderwood, p. 248.

f It was next day printed by the king's orders, who added, all the ambas- sadors joined in soliciting its publication. The title was, 2rj£«v«r*«i/, A Garland.

VOL. III. 2 A

178 HISTORY OF SCOTLAND.

BOOK membering him in their prayers during his absence. He nl- confessed that many things in the government had, through 1590. the heedlessness of his youth, been ill attended to; but now*! that he had got married, he would settle, and devote him-, self entirely to the high duties of his station, administer jus- tice impartially, and see the kirks better provided.

xxix. The successful activity which the ministers had dis- played during his absence, in preserving peace and good or- der, tended still more to reconcile the king to the ministers, and even to the Presbyterian form of church government; and' drew from him, at the next meeting of the general assem-i bly, his famous panegyric on the purity of that church. In| His pane- a rapture, and with his hands lifted up, he praised God that gyncon ne was born in such a time as in the light of the Gospel.

t rcsbvtcrv

and in such a place as to be king in such a kirk, the purest kirk in the world. " The kirk of Geneva," exclaimed " keepeth Pasch and Yule, what they have for them, thej have no institution. As for our neighbour kirk in England their service is an evil-said mass in English; they want no thing of the mass but the liftings. I charge you my gooc people, ministers, doctors, elders, nobles, gentlemen, anc barons, to stand to your purity ; and I forsooth, so long a I brook my life and crown, shall maintain the same agains all deadly." This speech was received by the assembly will a transport of joy ; there was nothing heard for a quarter o an hour, but praising God, and praying for the king. Ye there were some who did not give his majesty full credit foi his declaration ; Davidson, minister of Prestonpans, said to those who were sitting by him, " I know well, for all these professions the king makes, he will not prove sincere, bu will bring in the English modes, and rob us of our privi leges."

Bishop XXXt About this time too, Adamson, bishop of St. An

Adnmson drews, who had been esteemed the most virulent, as he wa among the most able of the enemies of presbyterianism, hav ing been deprived of the revenues of his see by the act of annexation, and reduced to poverty in his old age, recanted his episcopal sentiments, and professed deep sorrow for the opposition he had made to the discipline and judicatures of the church. Deserted, and left to starve by the king, the

recants.

JAMES VI. 179

vorst of whose measures he had always advocated, he was BOOK upported in his sickness and distress, by the men he had miformly opposed. But these circumstances, while they 1591. lighly redound to the credit of their benevolence, naturally Create doubts as to the sincerity of any expressions of con- .rition the bishop might utter — dependance is seldom unal- ied to dissimulation.

xxxi. Immediately on the king's return, the country, vhich had been so quiet during his absence, presented a cene of bloodshed and confusion. The almost certainty of scaping punishment encouraged crime, and to such an ex- ent was this false clemency carried, that the bonds of so- Disordered iety were loosened, an universal anarchy prevailed, and in stateof the o period of history, even when the feudal aristocracy was ntire and unbroken, was Scotland more distracted by the [uarrels of the nobles, and the license of their retainers. [The turbulent Huntly kept the north in a constant state of iquietude, and depending upon easily obtaining the king's lardon, not only committed the grossest outrages, but acted s if he had been an independent prince. His pretensions ccasioned a deadly feud between him and the earl of Mo- ay,* which long kept these districts in a perturbed state, ind some time after, ended fatally to the latter. It thus iriginated : — A servant of one of the Gordons having been jilled in a private quarrel, by the tutor of Ballendalloch, ne of the Grants, Huntly, searching for the offender, at- licked and took by force, the house of the chief. The irants, who considered this an insult to their clan, applied Feud be- > the earl of Moray, along with the clan Chattan and the ^een 'unbars, who all dreaded Huntly's power, in order to unite Moray. r mutual protection. Huntly, who could brook no oppo- tion to his sway in that quarter, having heard that Moray tid his relation the earl of Athol, were to meet these clans Torres, assembled a body of men, and went thither to ssolve the meeting ; but before he arrived, they had sepa- ited, and Moray was returned home. Disappointed in his

* James Stewart, son to sir James Stewart of Doune, who married Eliza- U), daughter of the " Good Regent," was esteemed the handsomest man of s age. and was generally known by the name of The bonnie Earl of Mo- He assumed the title on his marriage to her in 1580.

180

HISTORY OF SCOTLAND.

BOOK III.

1591.

Bothwell accused of consulting witches against the king.

He escapes from pri- son.

object, Huntly proceeded to Moray's residence, which he surrounded with his men, and threatening the earl in the most insulting manner, provoked a discharge of some mus- quets from the house, by which that Gordon was shot, whose servant the tutor of Ballendalloch had killed. Both sides assembled their followers ; and although occasionally the king's injunctions to desist were attended to, the contest continued till Huntly went to the south. Almost at the same time, Kerr of Ancrum, was assassinated in Edinburgh, by Kerr of Cessford, under covert of night, but the assassin, after being in hiding for a few months, was pardoned.

xxxn. While these sanguinary feuds were neither repress- ed nor punished, the king spent the winter in attending the discovery and examination of witches and sorcerers ; and al- though the confessions which were extorted from the unfor- tunate creatures were at variance with credibility and com- mon sense, and so ridiculous that it would be impossible to] read them without a smile, did not the cruelty of their per- secutors raise other sensations than those of mirth ; yet up- on such incoherent ravings were many men and women com- mitted to the flames for a crime, in their cases, certainly imaginary. In the course of these examinations, some of| the sufferers accused Bothwell of having consulted them with regard to the time of the king's death, and he, upon this vague charge, was sent to Edinburgh castle. On being ar- rested he protested against his commitment, alleging that the devil, who was a liar from the beginning, ought not tol be credited, nor yet the witches, his sworn servants. When his cause came before the council, it was proposed to send him out of the country for some time, a report of which be- ing carried to him in prison, indignant at the treatment he had already received, and dreading worse, he, after being about a month confined, corrupted his keeper and made his escape. His flight was construed into a confession of guilt, and the king caused him to be denounced traitor upon a former sentence ; and by proclamation, prohibited all his subjects from having any intercourse with him. This pro- ceeding exasperated Bothwell, who imputed the whole to the chancellor, against whom he vowed vengeance. There were others about the king's person who disliked Maitland, and

JAMES VI. 181

were willing to engage in any scheme to remove him from BOOK

° . TTI

the royal councils ; with them Bothwell consulted, and having collected a few followers, a conspiracy was formed for sur- J591 prising his majesty and his whole court in the palace.

xxxni. It was proposed to introduce Bothwell and his fol- Conspires lowers by a back passage that lay through the duke of Len- nox's stables, who was immediately to seize the gates, take the keys from the porters, and then to proceed to the king's chamber, and secure him. As the king was totally unpre- pared and dreaming of no danger, there did not seem the least risk of the enterprise failing, when the accession of James Douglas of Spot, an accidental circumstance that should have rendered the issue more certain, completely de- feated it. A few days before George Hume of Spot, Doug- las' father-in-law, was killed by some Mersemen of the name of Home; and sir George Hume, his nephew, the king's equerry, suspecting Douglas, accused him of being author or accessory to the murder, from a dread lest his father-in- law should bestow upon sir George some lands which Doug- las claimed in right of his wife. Upon this accusation, some of Douglas' servants were taken into custody and confined in the palace on purpose to be examined by torture.* The chancellor strenuously opposed this infamous and unjust mode of procedure, but the king insisted ; and when Doug- las, who also lodged in the palace, saw that there were no means of preventing it, he joined the conspirators. At the hour appointed, Bothwell and his followers were admitted by his accomplices, and had already reached the inner court of the palace without noise, when Douglas, eager to release his servants, proceeded with a party to force the rooms where they were confined. The noise of the hammers, in 'attempting to break open the doors, gave the first alarm. 'The king, who was then in the queen's apartment at supper, on hearing the noise fled to the tower as a place of safety. I Bothwell, after directing one body of his men to proceed to the chancellor's room and secure him, went himself with jthe rest to the queen's apartments, where he expected to find the king ; but the chancellor, with a few servants, resolutely

* Spotswood, p. 386.

182

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1592. Defeated in the at- tempt

defended his chamber, and the door of the queen's being barricaded, while Bothwell called for fire to burn them, sir James Sandilands, one of the gentlemen of the king's bed- chamber, receiving information of the king's danger, entered through the chapel, and drove the assailants from the pa- lace; the chief of whom, taking advantage of the darkness, escaped by the same way by which they had entered. Nine of the lower order were taken and hanged next morning. Of the king's party only one person was killed, Shaw, an equerry who was shot by Bothwell as he attempted to take him.

xxxiv. On the failure of this attempt, Bothwell fled to th north, and the king, suspecting that he had gone to the earl of Moray, his cousin-german, to engage him in his cause, de- spatched lord Ochiltree to Moray, to invite him to the south, on pretence of effecting a reconciliation between him and Huntly. But, in the meantime, a rumour having been raised, that the earl was seen in the palace along with Bothwell, on the night when it was attacked, Huntly, who was at court, carried the story to the king, whose timid and suspicious temper being alarmed, gave him, although the known and avowed enemy of Moray, a commission to apprehend, and bring him to trial. In the meantime, this nobleman, unaware of the intrigues of his enemy, had arrived at Dunibirsle, a cas- tle belonging to his mother, lady Downe, on the north bank of the Forth, where he was residing in the utmost security, without interfering with the changes of the court, or the ani- mosities of the nobles. Huntly having heard of his arrival, and of his security, went with the sheriff of Moray and some of his own retinue, and surrounding the house, required him to surrender. The earl, suspicious of his intentions, refused to put himself into the power of his enemy, and attempted a defence; but the house being set on fire, those within were forced to come out. The earl remained behind till night- fall, when rushing through the midst of his enemies, he out- theTarfof ran them, and reached some rocks at a distance, where he Moray. would have been safe, they supposing he had escaped, but unfortunately the lip of his helmet, which, unknowingly to him, had caught fire, discovered the place of his retreat, and he was inhumanly put to death. The untimely fate of this young nobleman, heir of the regent Moray, and endeared to

Huntly murders

JAMES VI. 183

tut: people by the similarity of his character, excited the deep- BOOK est indignation.

xxxv. Next morning after the murder, James went with 1592. the greatest unconcern, to enjoy his usual pastime of hunting about Innerleith and Wairdie, opposite Dunibirsle, whose flames were yet hardly extinguished ; but on his return to town, he was met by the general and loud lamentations of the citizens, which so terrified him, that he sent for some of the ministers, whom he desired to clear him to the cla- morous multitude, from any participation in the deed. On CouJuctof which the ministers replied, that the only way to clear him- * self, was to inflict exemplary punishment on the perpetra- sion. tors. As there appeared, however, no disposition on the part of the court to prosecute this atrocious crime, the dis- content increased, and so openly were the king and his mi- nisters insulted, that he deemed himself unsafe in the capi- tal, and removed to Glasgow with his council, till Huntly entered into ward at Blackness castle, and the popular feel- ing in some degree subsided. After remaining in confine- ment about three or four days, Huntly was allowed to de- part, upon giving surety to appear when called upon, and not long after, without even undergoing the form of a trial, was permitted again to return to court. *

xxxvi. The king's careless temper, and the number of craving, worthless minions whom he encouraged about court, which reduced him to a state of almost absolute povertyjf his

• Dr. Robertson says, " the power of the chancellor, with whom he — 1 Huntly— was now closely confederated, not only protected him from the sen- tence which such an odious act merited, but exempted him even from the formality of a public trial." I have not been able to discover any traces of this close connexion, nor am I inclined to believe that it existed. The duke of Lennox was at this time in opposition to the chancellor, sir. J. Melville's Mem. p. 396, and I think it pretty evfdent, from a comparison of Spotswood, Melville, and Calderwood, that the chancellor had been constantly thwarted in his measures, by the perverse partialities of James, — that bane of his go- vernment, from the first moment to the last — and to the influence of Lennox, who appears to have been a favourite with the queen. To the liking the king himself had to Huntly, and to the hatred which he bore to the regent Moray's memory, I would attribute the ease with which he passed over the murder of his son-in-law, who appears to have inherited the virtues of the regent ; and of course his nephew's hatred.

f Hudson mentions, " that « hile he was at the Scottish court, both the king's and queen's table had like to have been unserved by want, and that the

184 HISTOICY OF .SCOTLAND.

BOOK lenity towards the popish faction, and his remissness in pursu- J1L ing the murderers of the amiable Moray, which lowered him in 1592. the estimation of the people; the attempts of Bothwell, and the number of adherents who abetted him, which rendered his own palace insecure; the cabals in his court, which obstructed and enfeebled the operations of his government; the odium which the chancellor incurred from the faults of the sove- Critical re'gn > — all conspired to produce a crisis, equally alarming state of the to that minister and to his master. Surrounded with so many difficulties, the only resource that remained, was to cultivate the friendship of the church, and thus regain the affections of the people. The clergy, headed by able and persevering, as well as zealous and intrepid directors, saw their opportunity, and resolved to improve it. At a meet- ing of the general assembly, held previous to the meeting of parliament, it was determined to petition for a legal esta- Proceed- blishment of the presbyterian form of church government, church th6and f°r a rePeal of all these acts which had proscribed the liberty of the church. Inconsequence, they arranged their demands under four heads, to be presented to the king; and directed the committee appointed to present them, to be ac- companied by some others of their brethren, to wait upon his majesty, and solemnly admonish him to take into his se- rious consideration the state of the church and of the realm, the many murders and acts of oppression which daily multi- plied through the impunity which the perpetrators enjoyed, and the inattention to the execution of justice which the government displayed ; and to attend to the proper dis- charge of his kingly office in both, as he would escape the fearful judgment of God, and avert his wrath from him- self and the land.

xxxvn. Parliament met on the 5th of June 1592, when the articles prepared by the general assembly were laid be- lts de- fore it. They were : — That the acts 1584, made against the mands. discipline of the church, liberty, and authority thereof be annulled, and the present discipline, whereof the church hath had the practice, be ratified ; that the act of annexation

king had nothing he accounted certain to come into his purse, but what hi; had from the queen of England." Rymer, vol. xvi p. HO.

JAMES VI. 185

should be rescinded, and the patrimony of the church re- BOOK stored ; that abbots, priors, and other prelates representing *"• the church, and without power and commission acting for it, 1592 be not suffered in time coming to vote for the same, either in parliament or in any other convention; and that the country, which is polluted with fearful idolatry and blood, be purged. An act was upon this passed, ratifying the ge- neral assemblies, provincial synods, presbyteries, and par- ticular sessions, &c. and declaring them, with the jurisdiction and discipline belonging to them, to be in time coming most just, good, and godly, notwithstanding all acts made to the contrary ; in it the powers of the provincial synods and pres- byteries are defined, and the times and manner of meeting for the higher courts settled ; general assemblies to be held once a year or oftener, pro re nata, as circumstances should require ; his majesty, or his commissioners, if present, shall at each assembly before its dissolving, appoint the time and place for the meeting of the next, or, if they be absent, the assembly themselves shall appoint it as they were wont ; provincial synods are to meet twice a year ; all the acts in favour of popery which had not formerly been rescinded are repealed ; it declared that the act of 1584 respecting the king's supremacy shall be in no ways prejudicial to the privilege Presbytery God hath given to the spiritual office-bearers in the church, concerning heads of religion, matters of heresy, excommu- nication, appointment or deprivation of ministers, or any such essential censures, having warrant in the word of God' it also declared the act of the same parliament granting com- missions to bishops and other judges, constituted in ecclesias- tical causes, to receive his majesty's presentations to bene- fices, and to give collation, to be expired of itself, and to be null and of no avail in time coming ; and therefore ordained all presentations to benefices to be directed to the particular presbyteries, with full power to give collation, and to manage all ecclesiastical causes within their bounds, provided they admitted such qualified ministers as were presented by his majesty or other patrons,

xxxvni. Thus was the establishment of presbytery at length obtained from a prince who hated it with the most rooted antipathy, by the unyielding perseverance with which

VOL. in. 2 E

186 HISTORY OK SCOTLAND.

BOOK its supporters pursued their object, amid opposition and per- IIL secution, and the admirable dexterity with which they seized 159^ every favourable opportunity that occurred for its advance- ment. At this period the supporters of presbytery were the assertors of civil liberty. When the parliaments were the mere puppets of the court, and the courts of law, — for they could hardly be denominated courts of justice, — were subser- vient to the nod of the kings or their favourites, the church of Scotland maintained the only spirit of independence in the land ; and to this more than to their religious tenets, was owing the implacable animosity of James. Had the genius of presbytery been as congenial to the spirit of despotism as that of prelacy, Scotland would never have been persecuted about bishops.

xxxix. " The act of parliament, 1592," says a writer who has well studied the subject, " which still continues to be the charter of the church of Scotland's liberties, has always been regarded by presbyterians in an important light, and as a great step in national reformation. It repealed several statutes which were favourable to superstition, and hostile to the independence of the kingdom; it reduced the pre- rogative of the crown, which had lately been raised to an exorbitant height, and by legally securing the religious privileges of the nation against arbitrary encroachments, it pointed out the propriety and practicability of providing similar securities in behalf of political rights ; it gave the friends of the presbyterian constitution the advantage of oc- cupying legal ground, and enabled them, during a series of years, to oppose a successful resistance to the efforts of the court to obtrude on them an opposite system, and as often as the nation felt disposed to throw off the imposed yoke of episcopacy, they availed themselves of this charter, and found- ed upon it a claim of right to the re-enjoyment of their an- cient liberty."*

Bothweli XL. When the parliament rose the king went to Falkland,

tXzft°heand Bothwe11 renewed his intrigues to obtain possession of

king. his person. Notwithstanding the numerous warnings he had

received, he still persisted in retaining at court the men

who were ready, upon every opportunity, to deceive and

• M'Crie's Life of Melville, p. 403.

JAMES VI. 187

betray him. With them Bothwell concerted to be admitted BOOK into the palace; and he had also leagued with the earl of __ILL_- Angus, the Johnstons, and some others, to support him against any efforts the surrounding country might make to relieve his majesty. James had received notice that a plot was in agitation, and been advised to take some precautionary measures ; but the party who were privy to the scheme, per- suaded him to treat this with contempt, and even to allow the messenger sent to inform him of his danger, to be treated with insulting derision. The messenger, irritated by such a reception, retired in disgust ; but meeting the earl of Both- well and his party on the Lomond hills, he turned with them as if he had been one of themselves, and afterward taking advantage of the darkness of the night, he advanced with greater speed and arrived before them at Falkland. Enter- ing the palace he locked the gates behind him, and called out to the king to fly to the tower. The conspirators within finding the plot discovered, did not move ; and Bothwell, is defeated, instead of the ready admission he expected, finding that it would be necessary to force an entrance, after the exchange of a few shot, and having seized the horses in the royal stables, retired, with his fatigued and worn out followers, — who had marched two days and two nights without either food or rest, — to the adjacent hills till sunrise ; when fearing the arrival of assistance to the king, now that the country was alarmed, he fled by the way of Stirling to the borders. Next day, upwards of three thousand men arrived to protect the king, who set out with them in pursuit of the enemy ; but either afraid of their strength, or uncertain of the road they had taken, he proceeded to Queensferry, and thence to the capital. A number of BothwelPs followers, overcome by fatigue, were taken asleep on the hills, but allowed to es- cape. He himself took refuge in England, and the courtiers Flees to who were implicated in his treason were, as usual, pardoned En£land- and received into favour. Lord Spence had the form of a trial, after which he returned to his post. Wemyss, younger of Logic, a gentleman of the king's bed-chamber, was con- fined in the palace ; but having, by a stratagem of one of the queen's maids, who deceived his guard, and let him out at a window by a cord, made his escape, the whole was turned

188 HISTORY OF SCOTLAND.

ROOK into a jest ; his treason was forgotten in the mirth which the IIL young lady's artifice occasioned, and her ingenuity was re- ,592 warded by the hand of her lover, who in a few days re- sumed his situation at court.

XLI. Such conduct did not tend to lessen the number of BothwelPs friends. There was something popular in his dar- in<y, restless character, and among the borderers he found, without difficulty, open abettors, both barons and gentle- men. James, to suppress the symptoms in favour of the fu- gitive, made an excursion to Jedburgh in the month of Oc- tober, and bound the suspected over to hold no farther com- munication with him ; a futile, but common method of ob- taining a precarious submission from these unruly chieftains. At his return he found his court, which had for some time past been split into factions, now in a state of undisguised hostility, from the following cause: — The chancellor had ob- tained from the king, in consequence of the annexation act, the lordship of Musselburgh, that formerly belonged to the The chan- abbacy of Dunfermline ; the rents of this abbacy had been ceilor re- settled upon the queen, and she, instigated to ask all that had ever belonged to it, insisted upon lord Thirlstane's sur- rendering the lordship. His refusal displeased her majesty, and Lennox, Errol, lord Ochiltree, with all the lords who had envied the influence of the chancellor, espoused her quarrel ; on which, Thirlstane withdrew from the court, at a time when his abilities were most wanted. The effects of his retirement soon appeared. While the southern districts were restless, and the government disjointed and enfeebled, the north was wasted with cruel and sanguinary outrages. Disorders m The clan Chattan, in revenge for the death of the earl of Moray, entered the lands of Strathspey and Glenmuck with fire and sword. Huntly retaliated upon the possessions of the M'Intoshes ; and both parties accidentally encountering each other at a place called Staplegate hill, the clan Chat- tan were defeated with considerable slaughter. The victo- ry was followed up by Huntly with shocking barbarity. In order to tranquillize these districts, the king despatched the earl of Angus with a commission of lieutenancy, and he hap- pily succeeded in restoring peace.

JAMES vr. 189

XLII. About this time, captain James Stuart, leaving his BOOK skulking place, obtruded himself upon the king, hoping that, as his ablest adversary was in disgrace, he might establish 1592. himself at court, and regain his office of chancellor. The ™|)^IV[* reception he met with clearly indicated that, hated as he trades him- was by the whole community, he still held a place in his ^ °n * e majesty's affections ; and emboldened by this, he applied to the presbytery of Edinburgh, and offered to give them satis- faction for any offences he might formerly have committed ; but the presbytery, with great plainness, told him : — That they could have no opinion of him but evil, for ought they yet saw ; that it would not be words, but good deeds that would change their minds; and exhorted him, if he had any kind of piety, or godliness, or religion, about him, that he should show the fruit thereof by a better repentance than they had yet «cen ; and demonstrate its sincerity by his ex- emplary conduct. They at the same time, sent a deputa- tion to warn the king, as he respected the advantage of the church, the weal of the country, or his own honour, to give no countenance to him ; and to protest, if he were again ad- mitted to his council, or to any office ol trust, the church would be innocent of all the evil that might ensue. This firmness of the ministers was by no means agreeable to the king, who would fain have retained Stuart about him ; but |the opposition was too strong to be resisted, and he retired without being able to obtain a footing. Shortly after, he Killed by Was killed by James Douglas of Parkhead, in revenge for Douglas of |the death of his uncle, the earl of Morton. As he had

ived, so he died universally detested ; the only sensation his murder occasioned, was astonishment that a wretch, whose

nsolence in power had created him so many enemies, should

mve been suffered to exist so long.* xi, in. In the end of the same year, and in a good old age, Death of

he venerable John Erskine of Dun, superintendent of Angus, J°hn Er-

ied. He early distinguished himself in arms by his success- Dun.

ul defence of Montrose ;f but his more lasting claims upon

he gratitude of his country, arise from his early, uniform at-

• Melville's Memoirs, p. 399. f Buchanan, book xv

190 HISTORY OF SCOTLAND.

BOOK tachment to the cause of the reformation. He was among the

IIJ' first men of rank who openly espoused it, and through the

1592. arduous struggle he never shrunk from danger ; while the

amenity of his manner softened down, in some instances, the

His cha- unpalatable truths he was commissioned to deliver to royal

rue tor.

ears. He was, of the first reformers, the only one who enjoy- ed any thing like court favour ; but it was without any dere- liction of integrity, or any compromise of principle. After the establishment of the reformation, he was first a superin- tendent, and afterwards a parochial minister. At his death, October 16th, he was in his eighty-second year.

XLIV. No sooner was one conspiracy discovered, and tht conspirators pardoned, than another was set on foot; but th< close of 1592 was distinguished by one of greater extent thar any of these which had yet alarmed the nation, and it wa$ discovered and disconcerted chiefly by the exertions of the clergy. The constant state of agitation in which the public mind had been kept, was increased by the activity of the seminary priests, and the various reports of plots and inva- The minis- sions which rapidly succeeded each other. The ministers ^^participated strongly in the public feeling, and about the middle of November an extraordinary meeting was held in Edinburgh, to consult on the state of the country ; when, after communicating to each other the intelligence they had received, the conviction was general, that some plot existed for the overturn of religion, and that it was upon the eve erf being carried into execution. On the 17th of that month, 6 deputation was sent to the king, to lay before him the result of their inquiries and deliberations. He expressed himself satisfied that just causes of alarm existed,* and sanctioned the measures they proposed to adopt, which were : — To en- join every presbytery to inform the well affected gentlemen within their bounds of the practices of their enemies, and exhort them to prepare to resist them ; and at the same time, to exert themselves to compose all feuds existing among the friends of the protestant cause ; to appoint a committee to sit in Edinburgh during the present emergency to watch over

* Caldenvood, in his printed history, p. 271, says, " He," the king, " grant- ed that some missives should be directed to some well affected noblemen and barons, to desire them to repair to Edinburgh, to consult upon the means how lo disappoint the designs of the adversaries."

a uew

JAMES VI. 191

ie safety of the church, and an ordinary agent to obtain in- BOOK ormation of the movements of the papists, and of all sus- _ "*• icious characters, arriving from or going to popish coun- 1592. ries ; and to enjoin the ministers everywhere to exert them- elves to obtain such information as might lead to the detec- on of their designs, which information was to be trans- mitted immediately to the committee, by whom it was to be aid before the privy council ; nor was it long before the recautionary steps adopted by the ministers were proved to ave been not less wise than necessary. XLV. Andrew Knox, having learned by some private in- )rmation, that George Kerr, a doctor of laws, and brother of >rd Newbattle, was lying at the island of Cumbrae, ready o proceed for Spain, went from Glasgow, accompanied by a umber of students, and took him into custody. On examin- Detect it. ng his papers, there were found among them letters of cre- ence to some Jesuits in Spain, and blanks, signed by the arls of Huntly, Angus, and Errol, with a commission to Villiam Crichton, a Jesuit, to fill them up, and address lem to the persons for whom they were intended. Kerr was mmediately conveyed to Edinburgh, under a strong guard, ind being brought before the council and a number of the ninisters, the letters found on him were opened, and the irhole conspiracy discovered. The king of Spain was to land lirty thousand troops on the west coast of Scotland, where ley were to be met by the catholic lords, with as many men s they could bring into the field. Fifteen thousand of the Spanish troops, accompanied by the lords, were to march irectly to England, the remainder were to remain in Scot- and, and on being joined by the Scottish catholics, were to uppress the protestant religion, or procure full toleration for popish faith. The earl of Angus, not knowing of the pprehension of Kerr, came from the north direct to Edin- urgh, and was, on his arrival, sent to the castle by the magis- rates. Graham of Fintry, an associate of Kerr's, was appre- lended a few days after. The privy council and ministers ent letters to James, who was enjoying Christmas at Alloa, nth the earl of Mar, lately married to the duke of Lennox's ister.* to urge his return to Edinburgh. On his arrival,

• Sister-in-law to the earl of Huntly.

192 HISTORY OF SCOTLAND.

BOOK whether peevish at having his amusement interrupted, or vex- ***• etl that others should have discovered more penetration anc

I59jj. care for the country than himself, instead of thanking the zea and loyalty of the people, he expressed his high displeasure at the presumption of the magistrates of Edinburgh, for en- croaching on his prerogative, in apprehending a nobleman of such high rank as the earl of Angus, and but lately re- turned from so confidential an employment, without any war rant from him.

XLVI. A meeting of some of the barons and the ministers was held soon after the king's return, to deliberate up on the proposals to be laid before the next parliament, when it was agreed that it was necessary to bring the trai- tors who were in prison, to immediate trial, and to pro« ceed with the utmost rigour against those who were at large} to endeavour to apprehend them, or if this were impracti- Proceed- cable, to forfeit them for non-appearance. A deputation barons and from this assemblage was instructed to lay the result before the

ministers king, and the members were in readiness to go to Holyrood-

in consc-

quencc. house, when some of the king's counsellors strongly opposed

their proceeding, alleging that the king was highly offended at the meeting ; and detained them, arguing the point for j about an hour, till lord Lindsay, whose patience was ex- hausted at this teasing and vexatious interruption, broke up the conference, by exclaiming, " I will go down with the barons, go who will." On which they all set out for tfc] palace, accompanied by the magistrates, and a numerous train of the inhabitants, anxious to hear the king's decision. When they arrived, only two were suffered to approach the \ royal presence, where they were lectured in private for an hour and a half. At last the great hall was opened, and i the others were admitted. The first salutation they receiv- ed for this expression of solicitude about the best interest' Then-treat- c , . , . , „ ,

mentbythe0' their king and country, was a reprimand tor having me

king. irregularly, and without waiting his summons ; in particular he upbraided the ministers by saying, that when he wishe- < it, they were not wont to obey his call so readily. * The replied that they had the authority of the privy council fo;

• M'CrieN Life of Melville, vol. ii. p. 28. Calderwood, PP 277, 27^

JAMES VI, 198

their meeting, arid that it was not a time to stand upon BOOK forms, when they saw his person* the church, and common- ^ wealth in such extreme jeopardy. And he* upon consider- 1593. ing the subject a little more coolly, when the evidence was laid before him, excused them on account of their good in- tentions, and the magnitude of the danger. The crime, he said, was such as he could not pardon if he would, and the trials should immediately be proceeded in. A proclamation was issued, declaring, that although the pernicious effects of the insidious activity of Jesuits and seminary priests had been made evident, and their introduction or residence in the country prohibited by many acts and proclamations, yet they continued to remain in the kingdom, and had seduced many of the subjects to apostatize from the religion in which they had been instructed, and to enter into a treasonable conspiracy for introducing strangers into the realm, to over- jthrow his highness^ and all professing true religion; to con- quer his ancient kingdom, and ruin the liberty which this country had enjoyed for so many ages, by subjecting it to the slavery and tyranny of that proud nation, which hath made such unlawful and cruel conquests irt diverse parts of the world, as well upon Christians as infidels; which con- spiracy being discovered by the providence of God, his ma- jesty was determined to bring to trial and punish the guilty in such a manner, as to be an example to all posterity ; and commanded all faithful subjects, who wished to live free in ! their native land, nor see their wives and children made slaves, i in souls and bodies, to merciless strangers, to abstain from i all intercourse, under whatever pretence, with popish emis- saries, on pain of treason ; and to put themselves in arms, by all good means they can, remaining in readiness to pur- sue or defend, as they shall be certified by his majesty, or otherwise find the occasion urgent. All ranks concurred in vigorous supporting vigorous measures for restoring peace to themeasures country ; and confiding in the sincerity of the court, the con- vened barons and gentlemen offered to raise a guard of three j thousand horse, and one hundred foot, to protect the king's person, and to maintain them as long as any necessity exist- ed ; but under condition that it should not be drawn into a precedent, or used in any manner prejudicial to the liberty TOL< in* 2 c

194 HISTORY OF SCOTLAND.

BOOK of the realm. The offer was accepted, and the array of the III> country was ordered to meet the king at Aberdeen, on the 1593. 20th of February.

XLVIT. Before the king set out for the north, Graham ol Fintry was brought to trial ; and, as generally happens with the inferior agents in cases of abortive treason, was con- demned to suffer the sentence of the law, in order to appease the people, and executed accordingly on the 10th of Feb- ruary. On the night of his execution, a placard was affix- ed in a conspicuous place of the city, asserting that all the preparations and appearances would end in nothing, for the greatest criminals had been allowed to escape by connivance James pro- of the court. The king, at the appointed time went north, ceeds to an(j was met ^y a number of the noblemen and gentlemen..

thp north.

against the who joined in a bond for the defence of religion, his majesty's conspira- person and government, and the liberty of the country, against thraldom of conscience and the domination of stran- gers ; especially against the authors of the late treasonable conspiracy, whom it enumerates, and also adds, those who were guilty of the late wilful fire-raising at Dunibirsle, and the murder of the earl of Moray. In the same bond, his majesty promises, on the word of a prince, that he will nei- ther grant favour nor pardon to any of the earls, without the special advice and consent of the lieutenant and com- missioner for the time, and six of the principal barons at ' least subscribing the said bond.* Angus, who before the i king left Edinburgh, had contrived to procure his liberty by the connivance of his keepers, went directly north, and join- ed Huntly and Errol. They all, upon hearing of his arri- val at Aberdeen, left their places of residence, and retired to the mountains ; but sent their ladies to intercede for them i with his majesty, and present him with the keys of their castles, which they had in charge to surrender. The king received them courteously, and told them that if their hus- bands would appear and stand trial, they should suffer no

* Robertson represents this bond as forced upon the barons by the king. Hist, of Scot, book viii. From its tenor, it is more likely that it originated with the former, and shows distinctly that the protestant nobles in the north entertained the same low opinion of his majesty's sincerity, as the barons ami ministers -in the south.

JAMES VI. 195

wrong; but If not, the crime with which they were charged, BOOK nvolved so deeply the safety of the state, that it was out of ^^ lis power to prevent the law from taking its course. Then 1.593. placing garrisons in their castles, and appointing the earls Athol and Marischall his lieutenants in the north, he re- turned to the capital.* But so little confidence could his own council place in him, that they passed an act, forbid- ding any one to solicit his majesty in favour of the conspira- tors ; and authorized his chaplains to administer an oath to ris domestics, that they would not intercede with him for indulgence or pardon to any who had been connected with the plot.f

XLVIII. Afewdays after the king's return from the north, lord Elizabeth

advises the Burgh, or Borough, arrived from the queen of England upon most rjgor.

an especial embassy, to congratulate him upon the discovery ous mea- of the conspiracy, and to offer her assistance in pursuing, against and punishing those who were liable to be tried capitally. them» She reproached him with his former remissness, and urged him to act with the decision becoming a king ; and if he/ could not apprehend the persons, at least to confiscate the estates of the criminals, by which he would render them un- able to give him further disturbance, and would increase the revenue of the crown ; and she wished particularly to be acquainted with his resolutions on this point, that she might be able to inform her allies of the measures adopted in the two kingdoms, for defeating the projects of Spain, — a sub- ject interesting to all protestant princes. James thanked the ambassador for her majesty's friendly communication, and desired him to assure her, that he had made a beginning, and was fully resolved to prosecute the guilty with the ut- most rigour ; but at the same time, he wished her to reflect, upon the danger of his having so many powerful noble- men in a state of rebellion, and the difficulty of pursuing them in their fastnesses, and among the barren wastes where they lurked, and he had no doubt but she would send him a supply of money, to enable him to subdue them, as it was more dangerous for her kingdom, that the Spa- niards should obtain a footing in Scotland, than in either

• Spotswood, p. 392. f Calderwood, p. 284..

196 HISTORY OF SCOTLAND,

BOOK France or the low countries, both of which she had liberally

HI- supplied. Borough then represented to his majesty, that as

1593] he had so many other rebels to contend with, and Both well

had already suffered considerable punishment, it might tend

But inter- to iessen njs difficulties, if he would consent to accept his sub- codes for . ' Bothwell. mission, and again receive that nobleman into tavour. But

the king would listen to no proposal in BothwelPs favour. He said, if the queen had any regard for him, she, so far from interceding in behalf of one who had been guilty of such unpardonable offences, would allow him no refuge in her kingdom. He again desired the ambassador to assure his royal mistress, that he would bring the popish lords to trial, and dismissed him.

XLIX. It soon appeared, however, that the suspicions en-» tertained of the king were well founded, and that, notwith- standing all his promises, professions, and oaths, he had no intention of proceeding to extremities with the three earls. He could not avoid summoning a parliament ; but before it met, Kerr had escaped, and the most material witness being thus removed, nothing was done against them, as full legal Nobles evidence could not be produced. Surrounded with difficul- combine to tjes an(j wjlnout any minister in whom he could confide,

oppose the . .

chancellor, James, at this juncture, proposed to recal lord Thirlstane } and that minister having yielded up the contested lordship of Musselburgh to the queen, was about to resume his si- tuation at court, when the duke of Lennox, the earl of Athol, lord Ochiltree, and all of the name of Stuart, in oiv der to prevent it, combined to bring back Bothwell, — also a Stuart, and an enemy of the chancellor — and endeavour to restore him to the king's favour.

And bring L> ^wo days after the dissolution of parliament, when the back Both- noblemen were all admitted without restraint to the palace, to take leave of the king, Athol invited Bothwell to a house which he occupied near Holyroodhouse ; and his lady, early in the morning, taking Bothwell and John Colvil, one of his \ followers, along with her, entered the royal apartments, as if j to bid the king farewell. The king, who was in an adjoin ing closet, came out, and when he saw a number of airne< men standing, attempted to get to the queen's chamber, bu: >] the dpor being locked, he cried aloud, " treason ! treason f : i

JAMES VI. 197

Upon this, Bothwell falling on his knees, entreated mercy. BOOK Nay, said the king, whose spirit was roused by the insult, you have betrayed me; and sitting down in a chair, bade 1.593 him strike, and finish his treason ! Bothwell, still on his knees, protested in the most solemn manner, that he only came there to beg pardon, and to submit entirely to his ma- jesty's pleasure. The king replied, it was not the manner His inter- of suppliants to come with arms in their hands; but the earl v'e™ w

the king.

of Mar, and sir William Keith entering during this con- versation, the king, who perceived himself entirely at the mercy of Bothwell's adherents, grew calmer; and when a number of the citizens of Edinburgh, who had heard of the disturbance, were led by their provost to attempt the king's relief, he, by Mar's advice, addressed them from a window, and thanking them for their promptitude in coming to his assistance, desired them to return to their homes, and await his orders.

LI. For some time Bothwell behaved humbly, and endea- voured to ingratiate himself with his sovereign, offering to stand trial for the accusation of the witchef, which had been the origin of the whole troubles; and as to every thing else, he threw himself upon his mercy, and would only plead in extenuation, the extremities to which he and his friends had been driven, and which led him to commit misdemeanours, he would not now attempt to defend. But perceiving that his submission produced no effect, he altered his tone, and let fall some threatening insinuations, which so alarmed the monarch, that through the mediation of the English ambas- sador, he signed a capitulation, and promised, on the word of a prince, to perform it. By it a full pardon was to be Extorts a granted to Bothwell and his friends for all past misconduct, Pardon

, , . , from him.

attempts upon the king 3 person, or contempt shown his au- thority ; and all their forfeitures were to be reversed, a rati- fication of which was to be procured in parliament. The chancellor, lord Hume, the master of Glammis, and sir George Home, were to be dismissed the king's council and forbid his presence, and Bothwell and his friends to be esteemed good subjects, and treated as if they had never pffended.

198 HISTORY OF SCOTLAND.

BOOK LII. Extorted agreements, under whatever sanctions they IIL may have been concluded, are never to be depended upon ; and unless Bothwell or his friends could have kept the king in a state of complete bondage, it was not to be expected that the late arrangement would be lasting. He was now of an age that did not admit of his being long held in unwilling constraint, and he had with difficulty, when really a prisoner, signed the articles, evidently from a desire to obtain a little more liberty, and with an intention of never observing them ; for the negotiations had been protracted nearly three weeks from the time of the surprise, and the very next day after he agreed to the stipulations, he set out for Falkland. Lennox, and some others of the faction, accompanied the king, on purpose to prevent the former members of his government from obtaining access to him; and Bothwell in the interim, was tried, and acquitted from the charge of having imagined the king's death, by consulting with witches.

LIU. But all their efforts were in vain ; the bondage was too irksome, and James was determined to break it, although by a step yet more humiliating than the constraint itself. Under pretence of settling some disturbances that had occurred on the highland borders, he called a con- vention of the nobles at Stirling; and by some want of dexterity on the part of Both well's friends, not very easily accounted for, they allowed themselves to sink into a feeble Conven- minority at the meeting. Some few observations having Stirlf* been made about the state of the highlands, and the means of tranquillizing them, at opening, as the business for which the nobles had assembled, the king interrupted the de- sultory conversation. He had summoned them, he said, to lay before them a subject that interested himself person- ally ; and as it nearly touched his honour, he begged their advice. Then enumerating all the indignities he had suffered from Bothwell, from the first to this last attempt, he asked whether they thought the conditions binding, which had been extorted from him by those who undertook to mediate, and which he declared he had only granted under the influence of fear. The convention gave as their opinion, that the king was not bound by the conditions thus granted ; that the deed of Bothwell was treasonable, and the pardon depended en-

JAMES VI. 199

tirely upon his good pleasure. Gratified by this declaration, BOOK the king replied, that for the sake of peace he would, now _ that he was at liberty, grant a pardon, if it were humbly sued 1593 br; but he wished the convention, by a public act, to de- clare the whole transaction unlawful, which they did.

LIV. Intimation of this act was immediately sent to Both- well, and he was allowed till the 20th November to make his submission, after which he should withdraw himself out of the kingdom, to such part beyond seas as his majesty should appoint. At first Bothwell appeared willing to ac- quiesce in the conditions, but upon learning that his most inveterate enemies were received into the king's most inti- mate favour, he attempted to revive his league with Athol and Montrose, and to obtain by force, an unconditional rati- fication of his pardon, if not the fulfilment of the former sti- pulations ; but the king being on his guard, Athol retired quietly, and Montrose, on being made prisoner, excused Bothwell himself, while Bothwell, frustrated in raising a new commo-^1^^ tion, fled to the borders, and was denounced as a rebel. bel.

LV. Disappointed and grieved at the issue of the king's northern expedition, the ministers were still more incensed at the bold and insolent boasting of the popish lords, who vaunted that they would soon oblige the heretics to return to the bosom of the holy church ; and the synod of Fife happening to meet at the time, they appointed a solemn fast on account of the impunity granted to murder and treason, and the consequent audacity, open blasphemy, and increased activity of the enemies of the protestant cause ; and they named a committee to wait on the king, and represent to him the danger of countenancing and favouring papistical traitors ; they likewise took measures for assembling a con- vention of the commissioners from the different counties, in Edinburgh, to deliberate on the perils of the time ; and the more to mark their dissatisfaction at the leniency of the court, and their detestation of crimes which shook the whole frame of society, and loosened the bonds of good order and subordination in Scotland, — then at best but frail and ill!?"odof

X1 116 6X—

jointed, — they, after grave deliberation, excommunicated communi. the three earls and their adherents ; they also ordered the ^g^1"5 excommunication to be communicated to the neighbouring lords;

200 HISTORY OF SCOTLAND.

BOOK provinces, that it might be circulated as extensively as pos- lll- sible throughout the nation.* 1.593. LVI. When the king heard of these proceedings, he was

Which ir- highly incensed, and sent for Mr. Robert Bruce, wishing ritates the B '* . °

king. him at least to prevent the publication or the sentence in

Edinburgh ; and when he informed him that that was be- yond his power, the king uttered a threat against the disci- pline of the church, which showed his rooted enmity, and which circumstances, unfortunately, afterward enabled him. to display more banefully. From the church he turned to the most popular barons, whom he endeavoured to gain over to an approval of his scheme ; but here too, he was un- successful.f

He sets out Lvn. Finding that his measures were universally disapprov- ir~ ed of, the king, before setting out upon an expedition to the

tiers.

* This excommunication has been considered as irregular, as none of the conspirators resided within the bounds of the synod, or were subject to its jurisdiction, Robertson, book viii. The synod rested their claims of jurisdic- tion on the following grounds ; that many of the conspirators had been stu- dents at St. Andrews, and had had communion with that kirk ; that the earls of Angus, Errol, and lord Home, were married, made a profession of faith, and subscribed the articles of communion within the province of Fife, and that, when the murder of the earl of Moray had been committed by the earl of Hunfly, the laird of Auchendowne and sir James Chisholm, the general as- sembly advised them to be excommunicated by the synod of Fife. They, therefore, considered them all as persons who had either become subject to the jurisdiction of the synod, by frequently communicating with the churches under their charge, or, as having committed crimes within their bounds, over which the synod had authority to take cognizance. Calderwood, pp. 290, 291.

•f- A curious conversation between the king and lord Hamilton on this sub. ject has been preserved. James paid a visit to Hamilton house, for the pur- pose of sounding that nobleman's views. He introduced the conversation by saying, that he was confident he enjoyed the friendship of his lordship, not- withstanding any reports that had been circulated to the contrary. " Ye see, my lord," continued he, " how I am used ; I have no man in whom I may trust more than in Huntly ; if I receive him the ministers will cry out I am an apos- tate from the religion, if not, I am left desolate." " If he and the rest be not i enemies to the religion," said his lordship, " ye may receive them, otherwise not." " I cannot tell," replied his majesty, " what to make of that, but the ministers hold them for enemies, always I would think it good they enjoyed liberty of conscience." Upon this, lord Hamilton exclaimed, "then sir, we ' are all gone, we are all gone. If there were no more to withstand them, I will withstand." The king, perceiving he had gone too far, on the approach | of his servants put an end to the conversation, saying with a smile, " My lord, I I did this to try your mind !" Calderwood.

JAMES VI. 201

borders, to pursue the laird of Fernihurst for resetting Both- BOOK well, and in which he was accompanied by lord Hume, renew-

ed his promise to the ministers of Edinburgh, that he would 1593- show no favour to the popish lords ; yet, on that same day, before he had marched above a dozen of miles, did he receive them into his presence, and make the most friendly arrange- ments for hastening on their trial, in such a manner as to se- cure an acquittal. By arrangements with some persons about his majesty, if not with his majesty himself,* the earls, Angus, Huntly, and Errol, were apprized of the king's route; and judging, from his open marked condemnation of the synod of Fife's proceedings, that they would find him propitious, they met him at Fala, threw themselves upon their knees before Receives him, and in the language of suppliants, entreated him not to the popish condemn them unheard ; offering to enter ward whenever, Fala. and at whatever place, his majesty should be pleased to di- rect. Such of the council as were present were favourable, and they were ordered to repair to Perth, and remain there till proper arrangements could be made for bringing them to tiial. i

LVIII. The convention of commissioners assembled in Edinburgh a few days after this interview had taken place, and a deputation, consisting of James Melville, Patrick Gal- loway, Napier of Merchiston, the laird of Calderwood, and three burgesses, was immediately despatched to Jedburgh to lay their representations before the king. The deputies were instructed to complain of his allowing an excommunicated popish lord to attend his person, of having admitted the rest to his presence, and of such arrangements having been made as were calculated to defeat the ends of justice ; and to re- xhechurch quest that the time and place of trial might be altered, or, ifremon- he would not alter the day, that the professors of the truth 8 should be allowed to guard his person, and pursue the lords to the uttermost, as they were determined to perish, rather than that these traitors should be permitted to remain in the country. James, irritated at these demands, spoke at first in a high tone, refusing to acknowledge an assembly that had

* James solemnly protested before God, that he did not know of the approach of the three earls ; but there is no confidence to be placed on his declarations, and all presumptive evidence is against him. VOL. III. 2 D

202 IIISTOKY OF SCOTLAND.

BOOK met without his permission ; and though it was urged that they had his repeated consent by proclamation, his majesty

1593. would not concede the point of form, but persisted in refus- ing to hearken to them in their collective capacity, though by an evasion agreeably to his general policy, he consented to answer their petition, and explain his conduct to them as individual subjects. The earl of Hume, he said, would, in a few days, satisfy the church, which, if he did not, he should be forbid the royal presence ; the lords, he averred, had been introduced into his presence without his knowledge, and lie could not refuse to them what he would not have refused to the meanest person in his dominions — a fair and equitable hearing ; but the day of trial he had himself, upon considera- tion, perceived to be too short, as he had also seen that Perth would not be altogether convenient. He had in consequence appointed a meeting of the estates to be held at Linlithgow the last of the month, by whose advice he would be regulat- His majes- ed as to the future proceedings. He could not, however, help ty'sanswor eXpressing his surprise that the ministers, who had so often complained of his delaying to bring the earls to trial, should now be themselves so urgent for delay. But, however, he was resolved to do his duty, and see that the trial was fairly conducted. On being reminded of his own declaration, that " the crime was above the reach of his power to pardon," he answered, he would take care of that ; and when they repeat- ed their offer of guarding his person, he replied, he would choose his own guard, and wished none to come uninvited. This answer did not tend to allay the anxiety of the com- missioners, and they resolved not to relax in their exertions. LIX. The king, on his return to Edinburgh, fearing that, by some decisive step, they might endanger his temporizing policy, issued a proclamation, exculpating himself from any tardiness in proceeding against the popish lords, which he attributed to the treasons of Bothwell, and the state of the country, having prevented him from proceeding in that bu- siness as he had intended ; but now that he was free, he had summoned a convention of the estates to consider of the most proper methods to be taken for bringing these lords to trial, maintaining the true religion, and preserving the tranquillity of the country ; and therefore prohibited all convocations of his subjects, under pain of being considered seditious, and if

JAMES VI. 203

any had already met, commanded them to return to their BOOK houses. HI.

LX. The convention of estates met at Linlithgow, but was (593. very thinly attended ; and the petitions and representations Estates of the popish lords were remitted to a committee, to meet at™ Holyroodhouse next month, with the officers of state, and their determination to have the force of an act of parliament. Six of the ministers were allowed to be present, and confer with them if they should desire it.

LXI. Previously to the meeting of this committee, offers were made by the lords to give satisfaction to the church and the king's majesty ; and the king, when they met, made a long speech on the danger of proceeding to extremities with noblemen of such influence and power. After a show Act of abo. of deliberation, an act termed an act of abolition, prepared by lition' the council, was brought in and sanctioned. This act de- clared, and by irrevocable edict ordained, that the true re- ligion established in the first year of his majesty's reign, should be the only religion professed in the kingdom, and forbade the receiving or resetting of priests or Jesuits under the penalties enacted by law ; that such as had never pro- fessed, or had declined from their profession, should either conform to the established religion before the 1st of Febru- ary, or depart from the realm, to such parts beyond sea as his majesty should direct, not to return till such time as they had resolved to embrace the truth, and satisfy the church, but to retain full and legal possession of their estates ; that all process against the earls of Angus, Huntly, and Errol, the laird of Auchindowne, and sir James Chisholm, on ac- count of the intercepted letters or correspondence with Spain, be dropped ; that such of them as should profess the proceed. reformed religion, and remain in the country, should find ings against security to remain in their profession and abstain from any intercourse with Jesuits ; while those who went abroad were to find security that they would not engage in any in- trigues with foreigners against the welfare of their country ; and the 1st of January 1594 was fixed as the day on which they were to declare their resolution respecting which of the alternatives they meant to accept, otherwise they should lose the benefit of the act.

204

HISTORY OF SCOTLAND.

BOOK III.

1593.

Feud be- tween the Maxwells and John- stons.

LXII. While the king was engaged in manoeuvring with the popish lords, the south-western districts were ravaged by a civil war between the Maxwells and Johnstons. John- ston, in the month of July, had committed great depredations on the lands of Sanquhar andDrumlanrig, and killed eighteen persons who had followed the marauding party to try and recover some of their cattle. A commission was in conse- quence sent to lord Maxwell, the warden, to pursue and punish the criminals. Previously to this he had entered into a bond with the chief of the Johnstons, for mutual aid and offence, which lords Sanquhar, Drumlanrig, and the other proprietors of that district, fearing would prevent his faith- fully discharging his commission, and knowing his fondness for power, waited upon him, and offered to assist him with their whole forces in repressing the influence of the John- stons. Maxwell, thinking this a good opportunity for se- curing his preponderance in Nithsdale, embraced the offer, and a bond was signed with them and a number of other clans in the neighbourhood. The news of this association reaching Johnston, he entered into a counter alliance with the Scotts, the Elliots, and the Grahams. The feud being now openly avowed, Maxwell levied forces, and placed a company of foot in Lochmaben to await his arrival in An- nandale. Johnston, who had heard of this, suddenly attack- ed the party, and dispersed them with the loss of their cap- tain and several soldiers killed. A number of those who fled took refuge in a church, but it being set fire to, they sur- rendered. Maxwell, roused at this intelligence, and eager to wipe off the disgrace, hastily assembled about two thou- sand men, and entered Annandale with displayed banners as the king's lieutenant, with the intention of destroying John- ston's castles of Lochwood and Lockerby. Johnston, who was inferior in numbers, made use of a border stratagem ; he placed a strong body in ambush and sent out a few strag- glers to insult and provoke Maxwell's men. The ruse took, and a number of lord Maxwell's followers pursued the de- coys and fell in with the concealed party, by whom they were driven back in disorder on their main force, and threw them into confusion. Johnston, who stood with the re- mainder of his troops upon a rising ground, observing the

JAMES VI. 205

issue of the skirmish, as soon as he saw his enemies giving BOOK way, rushed down upon them and completed the rout. Lord H^ Maxwell himself was slain in the chase.

LXIII. The act of abolition pleased no party. The pro- testants were dissatisfied with the lenity shown to the lords, and began to suspect the king as cherishing an affection for them, on account of his partiality for their principles. The earls devoted to the Romish faith, in the real spirit of that religion, refused to be contented with any thing short of complete ascendancy ; and, buoyed up by the hopes of foreign aid, carried on their correspondence with Spain, and allowed the time appointed for accepting the offered terms to expire without making any advance to- Popish wards a reconciliation. On the 18th of January a conven- tion of the estates met, and pronounced them to have for- of act of feited the benefit of the articles ; and the king, after having abolition< used every means to persuade them to submit, was reluc- tantly forced to require them by proclamation to surrender themselves to stand trial, but none of them chose to obey.

LXIV. Elizabeth, whose vigorous government exhibited such a contrast to the king-craft of James, was greatlj dis- pleased at his unaccountable proceedings with the nobles ; and sent lord Zouche to represent to him the danger to which he exposed himself by his false clemency, and expos- tulate with him on the violation of the repeated promises he had made to her, to come to no agreement with the rebels without her concurrence. James, who was not fond of being urged upon this point, behaved at first rather distantly to the English ambassador, nor did the asperity with which he exe- cuted his commission render him more agreeable ; but as the friendship of the English queen, in his present situation, was absolutely necessary, he renewed his promises of prosecut- ing the lords to the utmost; and the recent act of the es- tates, together with the royal proclamation, gave somezouche's

weight to his assurances. Zouche, in consequence, repre- eml>assy to

,,. , i <-. • i i • . Scotland,

sented to his court that the (Scottish king was now sincere- ly determined to proceed with vigour, and intimated, at the same time, that a little supply of money would be requisite to enable him to raise a force sufficient to restore tran- quillity to the kingdom ; but Elizabeth, not quite so cred-

206

HISTORY OF SCOTLAND.

BOOK III.

1594. His in- trigues with the discontent ed nobles.

Bothwell arrives at Leith.

His en- counter with Hume.

Disabled by a fall from his horse.

ulous as her ambassador, returned evasive answers to the pe- cuniary demands.

LXV. Not long after, the English ambassador, although he had declared himself satisfied with the conduct of the court, engaged in intrigues with the discontented nobles, which could only serve to increase the difficulties of James, and obstruct his operations against the northern lords. Both- well, whose restless, ill-directed spirit, kept the nation in continual turmoil, now professed himself a defender of the cause of the reformation : and there are strong grounds for suspecting that he was instigated in his rash attempts by Elizabeth, at least, it is sufficiently plain, that he was encour- aged by Zouche. Having collected about four hundred horse- men on the borders, Bothwell came unexpectedly to Leith on the 2d April, about three o'clock in the morning. Lord Hume arrived on the same morning, with not much more than half the number, but he was ordered immediately to march against the earl. The king, who remained at Edin- burgh but poorly attended, went to the High Church, and af- ter sermon addressed the people. He promised to pursue the excommunicated lords, if they would at the present emergency assist him against Bothwell ; and, if it should please God to give him the victory, he would never rest till he had inflicted exemplary punishment upon Huntly and the others. The citizens, encouraged by their ministers, ran with alacrity to arms, and James, accompanied by them on foot, with some artillery he had ordered to be brought from the castle, took post in Burrough moor.

LXVI. As soon as Bothwell learned the movements of the king he left Leith, and was proceeding by the back of Ar- thur's seat for Dalkeith, when he encountered Hume, and charging him briskly, easily put him to flight ;* but too eager in the pursuit, his horse fell under him, and he was so much bruised that, unable to follow up his success, he retired to Dalkeith, and next morning dismissed his forces, and was conveyed himself to a place of safety. Although the king had received such undoubted proof of the loyalty and affec- tion of the ministers upon this occasion, yet because Both-

* Calderwood affirms that the king, when he heard of the defeat of lord Hume, " came riding into Edinburgh at the full gallop," p. 299.

JAMES VI 207

well had pretended that he took arms in the popular cause, BOOK to drive from his majesty's councils those who favoured the emissaries of Rome and a rupture with England, and had 1594. insidiously spread rumours that he was secretly aided by the ministers; such was the obliquity of James' feeling on this subject, that he readily entertained suspicions of their con- duct, and did not hesitate to accuse them publicly of abet- ting his enemy. The court faction propagated a still more insinua- base report; that money, collected to assist the suffering jjC^g. church of Geneva, had been applied in raising soldiers to as- ministers, sist this desperado. *

LXVII. Upon the defeat of this attempt, James despatched lord Colville, and Bruce, commendator of Kin loss, to Eliza- beth. In his letter he took occasion to vent his spleen against lord Zouche, who, " although commended by her for a wise, religious, and honest man," " was, in his opinion, fitter to carry the message of a common herald, than manage a friendly cor- respondence between neighbouring princes ;" for " he had seen nothing in him but pride and wilfulness," and he retort- ed the accusation of breach of promise against " his loving sister," by reminding her of the many solemn declarations she had made, both in letters written by her own hand, and by her ambassadors, that she would give no protection to Both- well ; yet he had not only been suffered to reside in England,

• The king charged the ministers, in a conference he had with them and the magistrates, for their treasonable silence with regard to Bothwell, while they were so urgent against the popish lords ; and in particular, named Bruce as conspiring to place the crown on Bothwell's head. Bruce demanded the names of his accusers, and after much shuffling, the king mentioned the mas- ter of Gray, and one Tyrie, a papist ; but Gray denied that he had given any such information, and offered combat to any individual — his majesty excepted — who should affirm he had defamed that minister. Spotswood has recorded the slander against James Melville, minister of Anstruther, of perverting the use of the collections, and it is difficult to believe that he did not do so in- tentionally, as it was a public fact, that the assembly had received the receipts for the monies transmitted, also a letter of acknowledgment from Beza ; and, besides, the character of Melville was of itself a guarantee for the faithful ap- plication of the cash delivered to his care. In his diary, alluding to the ac- cusation of being connected with Bothwell, he says : — " 1 never had ado with him directly nor indirectly ; yea, after good Archibald, earl of Angus, I knew not one of the nobility of Scotland with whom I could communicate my mind, touching public affairs, let be to have any dealing by action." — Cal- derwood, p. 299.

208

HISTORY OF SCOTLAND.

BOOK III.

1594.

Bothwell denied an asylum in England.

Popish lords re- ceive mo- ney from Spain.

Proceed- ings of the assembly.

The king's instruc- tions to it.

but had received a considerable sum of money from her sub- jects, to enable him to carry on his treacherous attempt in Scotland. He could not think this was done with her know- ledge, it was so great a breach of princely honour ; but how it could be concealed from her, he could not imagine, it was so unlike the penetration and prudence that distinguished her government. In his public despatches he informed the queen, that as the popish lords had not embraced the con- ditions he had offered, he would show them no more indul- gence, and instructed his ambassadors to repeat his request for a little money to assist him. Elizabeth felt his reproaches, and made a feeble attempt at apology, but assured him she would no longer allow Bothwell to find an asylum in her dominions, a promise she faithfully kept. The application for money was, as formerly, unsuccessful.

LXVIII. Hardly was Bothwell put down, when the coun- try was alarmed with more serious dangers. A vessel arrived in the north with despatches from Philip, and a supply of money ; and the assembly, at this time the only court in the country that watched over the public welfare with unre- mitting attention, immediately took the alarm, ratified the excommunication pronounced by the synod of Fife, and sent several of their most active members to Stirling, where the king then was, to represent the danger of the country, and suggest such remedies as the exigencies of the times requir- ed. The king replied, that he would attend to their sug- gestions, and in return, sent sir Robert Melvin, and Hume of North Berwick, to the assembly, to remind them of their duty. Tremblingly alive to any thing that seemed to trench on the shadow of his prerogative, while he remained appa- rently insensible at proceedings that threatened the essence of his power, he protested, by his commissioners, that the royal prerogative should not be prejudged by the conven- ing of the assembly ; desired that they would enforce their resolution against speaking irreverently of his majesty in the pulpit, and censure John Ross, who had not paid attention ; that they would excommunicate Andrew Hunter, the first open traitor of their function who had joined with Both- well ; and enjoin all their ministers to dissuade their con- gregations from concurring with the treasonable attempts of

JAMES VI. 209

the said Bothwell, or other traitors. With these demands BOOK the assembly complied.* HI-

LXIX. Parliament met in the beginning of June, but after waiting for some days, there were scarcely as many attend- ed as was requisite to carry on the public business, fear or affection having detained a great number of the nobles at home. They proceeded, however, to pronounce the most rigorous sentence of the law on all concerned in the late conspiracies, who were declared guilty of treason, their Acts a- estates forfeited, and their banners torn at the public market gainst the place. Several severe acts were likewise passed against papists. iords and The chief difficulty however, remained; how to carry these PaPists- acts into execution. The personal influence of the king was at a very low ebb, his professions could obtain no credit, and his exchequer was empty. His first resource was Elizabeth, and he, immediately upon the rising of parlia- ment, despatched sir Richard Cockburn to request her as- sistance, while he himself proceeded to Stirling, to celebrate the baptism of his first son, Henry, prince of Scotland, whose premature grave was watered by a nation's tears, and the only one of his male descendants who was universally and unequivocally mourned.f

* In the proceedings of this assembly is mentioned a singular superstition prevailing in Garioch, of setting aside a certain portion of every farm to the devil. " Anent ye horrible superstition which prevailed in Garioch and dyvers pairts of ye cuntrie, in not laboring a parcel of ground dedicat to ye devil, un- der ye name of ye Guidman's Crofte, ye kirk, for remedie yerof, hes found meit yat ane article be formit to ye parliat. yat ane act may proceid from ye estattes yerof, ordayning all persons, possessors of ye said lands, to cause la- bor ye samen, betwix and a certain day to be appointed yerto, utherways, in caise of disobedience, ye said landes to fall in ye kingis handis, to be disponit to sick personis as pleises his maj. wha will labor the samyn." — Cook's Hist, of the Ch. of Scot. vol. ii. p. 41.

f " The next month passed in receiving the ambassadors come to assist the baptisme, which, in the latter end of August next, was performed with great solemnity. From England the earl of Sussex was sent ; the king of Denmark, the duke of Brunswick, Megelburgh, with the estates of the United Provinces, had their ambassadors present ; but from the French king there came not any, though they also were expected at the day appointed for the solemnity. The prince was brought from his own chamber to the queen's chamber of presence, and laid in a bed dressed in a most stately form. The ambassadors entered into the chamber. The countess of Mar, accompanied with a number of

VOL. III. 2 E

210 HISTORY OF SCOTLAND.

BOOK LXX. Next month was spent by the court in festivities, in 111 receiving the foreign ambassadors, and in preparations for 1594. the ceremony, which was performed with great magnificence in the end of August, by the bishop of Aberdeen ; a circum- stance noticed as marking the alienation of the king's mind from the presbyterians, and indicative of his having even then formed the idea of restoring prelacy.

LXXI. No sooner were the ambassadors dismissed, than the king's direction was forcibly attracted to the north. Eliza- ladies took up the prince, and delivered him to the duke of Lennox, who presented him to the ambassadors. Sussex, as having the first place, received him, and carried him in his arms to the chappell, the rest marching in their ranks, and followed by the ladies of honour, the mistresse, nurse, and others of inferior note. Before them went the lord Hume, carrying the Ducal crown ; the lord Levingston carried the towel or napkins ; the lord Seaton the bason ; and lord Semple the laver. Above the English ambassador there was a pale or canabie, [canopy,] borne by the lairds of Cessfor, Buccleugh, Duddope, and Traquier. The prince's train was sustained by the lords Sin- clair and Urquhart. In this manner they walked toward the chappell, a guard of the youths of Edinburgh, well arrayed, standing on each side of the way, and the trumpets sounding. Being entered the chappell, the king arose from his seat, and received the ambassadors at the door of the quire, and then was the prince delivered to the duke of Lennox, who gave him to the nurse. After which, the ambassadors were conveyed to their places, ordered in this manner : — Upon the king's right hand was a chair set for the French king's ambassador, but this was empty ; next to him the ambassador of Denmark was placed ; on the left, the English ambassador and Legier did sit, and after them, the ambassadors of Brunswick, Megelburgh, and the States. Every chair had a tassel board covered with fine velvet, and the ambassador of Eng- land, besides the others, had office men standing by him to wait. The service did then begin, and upon the end thereof the English ambassador arose, and presented the prince to the bishop who was appointed to administer the sa- crament ; this was Mr. David Cunninghame, bishop of Aberdeen. The action finished, Mr. David Lindsay, minister at Leith, had a learned speech in French to the ambassadors j after which, they returned to [from] the chappell. Then was the prince laid upon a bed of honour, and his titles in this sort proclaimed by the lyon herauld : — Henry Frederick, knight and baron of Ren- frew, lord of the Isles, earl of Carrick, duke of Rothsay, prince and Stewart of Scotland. This done, certain pieces of silver and gold were cast forth at a window among the people, and a number of knights created at night, for it was in the afternoon the baptisme was ministered. The ambassadors, with their train, and the noblemen present, were royally feasted, nothing lack- ing that was required to such a triumph. The rest of the month was spent in plays, running at tilt, and such other exercises as might give delight to strangers." Spotswood, pp. 406-7.

JAMES VI. 211

beth could not by any arguments be induced to trust James BOOK with the money requisite to enable him to put his forces in

motion, and the forfeited earls, in the interval, were strength- 1594. ening, by new alliances, their already formidable power. Bothwell had now joined them, and his restless spirit pro- jected a new plan for seizing once more the king's person BothwelPa and committing him to Blackness castle, to be kept there in defeated- captivity till the lords could come south, and dictate their own terms. By the apprehension of one Orme, a servant of Bothwell's, the whole was discovered, and he, agreeably to James' method of punishing the minor culprits, together with the keeper of Blackness castle, was executed in the High Street of Edinburgh. In this alarming state of af- Proceed-

r . ° i i • • j •• 7 c A i mgsagainst

fairs the king issued a commission to the earls or Argyle, the popish Athole, Forbes, and a number of barons who were at enmity lords> with the excommunicated lords, to attack their estates and take possession of their castles; Argyle pleaded youth, and the rest declined, till some of the ministers adding their exhortations to the king's orders, he took the field about the end of September, and marching across the mountains to Badenoch, laid siege to the castle of Ruthven ; but on the advance of the earls he retreated to near Drimmin, to wait the arrival of lord Forbes and the M'Kenzies, who were hastening to join him.

LXXII. Huntly apprized of the advance of these reinforce- ments, although inferior in number and Argyle advantage- ously posted, determined to attack him before Forbes should arrive ; and dividing the forces, which were about nine hun- dred in all, into two bodies, marched from Strathbogie to Auchendowne, Errol leading the van. When Argyle perceived the enemy approach, he left his camp, and pro- ceeded to occupy the neighbouring hills, which he did without molestation. He there drew up his army, amount- ing to nearly ten thousand, in three divisions. M'Lean of the Isles commanded the van, and himself the rear, which occupied the heights, while his flanks were defended by bogs and precipices. M'Lean was ordered to begin the attack, but Huntly had with him some pieces of artillery, which he opened upon his line as he advanced ; and the Highlanders who composed it, astonished at the sound and

212

HISTORY OF SCOTLAND.

BOOK III.

1594.

Battle of Glenlivet

— Argyle defeated.

The king proceeds against them.

effect of the cannon, with which they were totally unac- quainted, fell flat on their faces, and could with difficulty be persuaded to rise during the firing of the ordnance. Errol, who perceived this, advanced briskly to attack them in rear, but from the nature of the ground, was forced to make a cir- cuit, during which the highlanders got time to rally their spirits, and resuming courage, poured in a flight of arrows upon them, which did considerable execution, — killed Auchin- downe, and severely wounded Errol, — then surrounding ErroPs band, threatened to annihilate them ; when Huntly perceiving their peril, advanced with his division, and after a hard struggle of two hours, succeeded in throwing the first line into confusion ; and the others, struck with trepidation, fled, notwithstanding all the exertions of Argyle, a gallant youth, then only eighteen, who was borne off the field, weep- ing with indignation at the disgrace of his clan. M'Lean, with a few of the islanders, stood firm amid the general con- fusion, and retired in good order. Huntly pursued with keenness over crags, which would appear dangerous to a man on foot ; nor did he stop till the almost perpendicular rocks forbade the advance of cavalry. In this battle, generally known by the name of the battle of Glenlivet, Argyle lost Campbell of Lochnel, and his brother, M'Niel of Barra, and about seven hundred of his men. Huntly lost his uncle, Auchindowne, and twelve men killed, but a great many were wounded.*

LXXIII. The king, who was at Dundee when the intelli- gence of Argyle's defeat reached him, pushed forward, and arrived at Aberdeen. He was joined on his march by the Irvines, Keiths, Leslies, Forbeses, and some of the other clans who were at variance with Huntly ; while the earls, weakened by their loss at Glenlivet, and the desertion of numbers of their retainers, who would not bear arms against the king in person, fled to the mountains. Still the whole expedition had been frustrated, but for the ministers who accompanied the king. His troops were ready to dis- band for want of pay, and so little confidence was placed in

• Spotswood, p. 409. Account of the battle of Strathaven, or Balrinnes, printed with Scottish poems of the 16th century.

JAMES VI. 213

his majesty's professions, that he could not command the BOOK funds necessary to satisfy them, till James Melville was des- patched to the south, to raise a contribution. Several of the 1594. chiefs also, were willing to spare the castles of the earls, but lord Lindsay opposed so strongly the impolitic forbearance, that the king issued orders for demolishing Strathbogie, a seat of the earl of Huntly's, Slaines castle, belonging to the earl of Errol, and destroyed, or garrisoned the rest of the strength of their retainers.* Reduced now to the last extremity, and de- spairing of being able to raise any further commotions, the

lords implored and obtained permission to leave the country: Tiie7 are

J allowed to and gave security not to return without the king s consent, ieave the

nor to engage in any designs while abroad, against the pro- testant church, or the tranquillity of the kingdom.

LXXIV. Bothwell, who had so often disturbed the peace of the court, and kept the king in a state of such frequent per- sonal alarm, having by his last confederacy with the popish earls, entirely lost what favour he ever possessed among any of the people, forced to abscond, was shortly after excommu- nicated ; and being denied the protection of England, fled first to France, then to Spain, and afterward to Italy, where, having abjured the protestant religion, he lived many years g°es to in obscurity and indigence, dissipating all the dreams of his early ambition, in low and contemptible debauchery. His forfeited estate was divided among Buccleugh, Kerr of Cess- ford, and lord Hume. Buccleugh got Crighton, Kerr the abbey of Kelso, and Hume the abbey of Coldingham. Nor could he ever obtain any favour from the king, even upon the most humble submission.

LXXV. On the 3d of October, lord Thirlstane, the chancel- Death lor, died, after a lingering illness. In him James lost an able and a faithful minister, who, in a difficult situation, re- tained the confidence of a changeable prince, without for- feiting that of a justly supicious people. His death occa- sioned an alteration in the measures of government, and the church soon felt the consequence of the change. In the commencement of his career, he supported the detested ad- ministration of Arran ; but he soon perceived the mischief

• Caldei wood, p. 307.

214 HISTORY OF SCOTLAND.

BOOK incident to a king's professing a religion, or an attachment to forms of religion different from what his people are at- tached to, and he effected an apparent coalition between the king and the church, which was conducive of the best effects in the most trying times; and which, had it been steadily pre- served, would have rendered his majesty happy at horn and respected abroad ; but which, being forcibly torn asun der, entailed on him uneasiness and embarrassment to th end of his life, while it exposed the. church and state to th most dreadful convulsions.

THE

HISTORY OF SCOTLAND.

BOOK IV.

James VL — Distracted state of the country. — Octavians appointed. — Their powers displease the people — Buccleugh rescues Armstrong, a notorious robber. — Proceedings of Elizabeth thereupon. — Difference between James and the Assembly Bond for defence of church and state renewed — Po- pish lords return. — Proceedings of the church in consequence. — Negotia- tions with the king. — Proceedings against Mr. David Black. — A serious riot in Edinburgh — The king leaves the town. — The ministers retire. — Conduct of the magistrates on the occasion — The riot declared treason. — Fine laid upon the town — Octavians resign — The king's insidious de- signs against the church. — Convention of ministers held by the king's command at Perth. — Ministers of Edinburgh return — Proceedings of con- vention at Perth ratified by the assembly. — Popish lords absolved. — The king interferes with the court judicatories and universities — Outrages on the borders — Scheme for introducing Episcopacy. — Debates on the subject. — James' proceedings in regard to his succession to the crown of England. — Beginning of the year changed — Regulations for bishops to sit in parliament violated by the king. — Gowrie conspiracy. — Earl of Gowrie killed. — Sprot hanged for his concern in it. — Process against Logan of Restalrig. — Proceedings of the ministers on the occasion — Conspiracy of earl of Essex against Elizabeth — Plan for civilizing the western islands. — Death of queen Elizabeth — James proclaimed king of England — Leaves Scotland. — Ee. flections. 1595 — 1603.

i. THE year 1595, was marked by the common people as a BOOK black year. The land was not only distracted by the feuds — _ — of the Maxwells in the west, the restlessness of Bothwell in james Vi. the south, and the more threatening conspiracies of the po- pish lords in the north ; but afflicted with a dearth, owing to the failure of the harvest, and a general spirit of licen- tiousness, owing to the relaxation of the laws. From among Distracted other instances, which demonstrate the state of misrule in which the country was, I shall notice one. David Forrester, a respectable citizen of Stirling, returning from Edinburgh,

216

HISTORY OF SCOTLAND.

1595.

BOOK was waylaid and murdered by assassins employed by the *v< lairds of Airth and Dunipace, who envied him on account of the influence he had with his superior, the earl of Mar. This nobleman, grieved for the death of Forrester, collected his vassals, and brought the body from Linlithgow — near which the murder had been committed — to Stirling, to be interred, marching in martial array, and exhibiting on a white sheet, a picture of the deceased, with all his wounds, in order to excite the public indignation. After the burial, the earl attempted to bring the perpetrators to justice ; but the lords Livingston and Elphingston protecting them, it was found impossible, notwithstanding the king issued his proclamation, commanding the offenders to stand trial, and prohibiting the interference of any party.

ii. All the embassies, promises, and even the late pro- ceedings of James, could not procure him any pecuniary aid from the economical Elizabeth ; and his own thoughtless habits, and those of the queen, keeping him in constant pe- nury, it became necessary for him to look more narrowly into the state of his proper revenue. As he was incapable of doing this himself, he delegated the task to eight gentle- men, from their number named Octavians. To them he gave the powers which had been intrusted to the collector and comptroller's offices, to appoint and discharge all the inferior officers, chamberlains, secretaries, and clerks, the whole command of the exchequer, and the arrangement of the household. He bound himself, neither to add any to their number, nor in case of vacancy by death, to admit any other, except by the advice and approbation of the sur- vivors. No letter of his, alienating any of the property of the crown, or granting pensions, gifts, or licenses, was to be held valid, unless also subscribed by at least five of the eight. All their acts and decisions were to have the same force as the sentence of judges in civil causes, and they had also power of arresting and destraining upon their own authority, without the interference of any other ordinary court. So full and extensive were the powers granted to this commission, that when the act of council authorizing it was published, it was remarked, that the king had left him- self nothing but the name ; and henceforth his subjects

Octavians appointed.

JAMES VI

could look to him neither for advancement nor reward. BOOK Nor was it long before the Octavians engrossed the whole of the executive power into their hands. The only office of 1596. importance they did not acquire, was that of the chancellor, The? e"" which they allotted to the president ; but which the king whole did not dare to confirm, on account of his religion, dread- P°wer> ing the effect that appointing a papist to such a high office might have upon the nation ; especially as he knew that the ministers would not suffer it in silence.

in. This innovation on the constitution of the kingdom, introduced by the indolence of the king, and which amount- ed, in fact, to the establishment of a power superior to the sovereign, occasioned at first considerable discontent, and And cause was eventually the cause of much mischief. The men to content. whom such extensive power was intrusted, were several of rhem known to be attached to popery, and the church view- ed the appointment with a very natural jealousy. The fa- vourites of the court too, eyed them with no pleasure, as re- straints upon the bounty of the king, and usurping those pensions or perquisites, which they thought of right belong- ed to them ; while the old officers of the crown, who had been displaced by them, swelled the ranks of the discon- tented.

iv. Rumours had been very prevalent during the last year, of renewed preparations by Spain for the invasion of England; and towards the close, it was ascertained that Philip had collected a considerable force, to attempt either Rumours

that kingdom or Ireland. Upon this occasion, James issued ?f an?ther

. , invasion.

a proclamation — January 2d. — enforcing the necessity of

their making one cause with England ; and reiterating what was daily enforced upon them, that the conquest of the southern, would involve the subjugation of the northern parts of the island, he called upon them to renounce their barbarous private enmities. In particular, he charged the inhabitants of the borders, under the highest penalties, to desist from all hostile attempts against England, required them assiduously to cultivate friendship with their neigh- bours ; and commanded, that wrongs done the English, should be punished with equal rigour, as those committed VOL. in. 2 F

218 HISTORY OF SCOTLAND.

BOOK against their fellow subjects. Elizabeth, who was no less

Iv' desirous of maintaining amity, issued similar orders. 1596. v. An outrage, committed by one of the English under- wardens shortly after, had nearly interrupted the harmony of the sovereigns, if the different circumstances of the coun-

O *

tries had not prevented such incidents being regarded now in so serious a light as formerly. Lord Scroope was warden of the west marches of England, the laird of Buccleugh had charge of Liddisdale. Early in the year, their deputies held a meeting on the banks of the Kershope, a small rivulet that divides England and Scotland, for redressing some trifling disputes. These meetings were wont to be an- nounced by sound of trumpet proclaiming truce, and the truce always continued from the time of meeting, till next day at sunrise, during which, all who had been at them, Armstrong, were considered as privileged men. At this meeting, one the^E *y William Armstrong, a notorious reaver, against whom the lish. English were exasperated on account of his numerous depre-

dations, attended in company with the Scottish deputy. This man, after taking leave, trusting to the usual customs of the border, was riding securely home along the course of the Liddel, on the Scottish side ; when he was espied by the English party, who were also returning home, pursued, and after a chase of some miles, taken, and brought to the Eng- lish deputy, Mr. Salkeld, who carried him prisoner to the castle of Carlisle. Buccleugh complained of this breach of truce to lord Scroope, and desired Armstrong to be set at liberty. This, Scroope answered, he could not do without an order from the queen and council. Buccleugh then ap- plied to the resident at the Scottish court, but obtaining little satisfaction, he laid the case before the king, who demanded from Elizabeth the liberation of the prisoner. No atten- tion being paid to the royal demand, Buccleugh, who now considered both his master's honour and his own as implt- Rescued by cated, determined at all events to set Armstrong free. Learn- ing that the castle of Carlisle, where he was kept, was open to a surprise, he prepared scaling ladders and instruments for forcing an entrance; and having ordered two hundred horsemen to meet him at Morton tower, about ten miles from Carlisle, an hour before sunset, he proceeded to within

JAMES VI. 219

a short distance from the town, where he halted in a meadow. BOOK There causing eighty of his company to dismount, he put him- self at their head, and went forward to attempt an escalade ; 1596. out the ladders proving too short, he effected a breach in the old and feeble walls, sufficient for one man to enter, who opened the postern, and admitted the rest. The watchmen, alarmed by the noise, made a little resistance, but were soon overpowered, and kept prisoners while the as- sailants proceeded to the chamber where Armstrong was lodged, and breaking open the door, brought him away in triumph. Lord Scroope and his deputy were in the place at the time of the rescue, and the prisoner as he passed along, insultingly wished them both good night. Buc- cleugh, when he had gained his object, released the watch, and would not suffer his attendants to touch any of the spoil ; his object he said, being only to vindicate his king's honour. The whole party returned safe, about two hours after day- break.

vi. The queen of England, when informed of this enter- Elizabeth prise, was highly offended, and ordered her resident ambas- de™*nds

1 » . satisfac-

sador, Bowes, to remonstrate strongly with the Scottish tion, court, and demand that Buccleugh should be delivered up ; for the surprise of a fortress, and the forcible release of a prisoner from her warden, were affronts which could not be borne. The king replied, that lie might with as much pro- priety, demand that lord Scroope should be delivered up to him, for the injury he had committed; as it was as much an insult to seize one of his subjects unlawfully, as it was for his subjects to release a prisoner who had been unlawfully seized; yet for the sake of peace, he would cheerfully com- ply with any reasonable arrangements. Buccleugh was in consequence, first committed to St. Andrews, and afterward Which U sent prisoner to England, but was not long detained, the Sranted' queen being satisfied with this show of submission.

vn. No two means for procuring" the same end, could be more diametrically opposite, than those which James and the church proposed, for promoting the peace and security of the state at this juncture. When the general assembly General met in the month of March, the king in person proposed, Assemb'y' that a general contribution should be levied throughout the

220

HISTORY OF SCOTLAND.

BOOK

IV> 1596.

the mini-

whole kingdom, to meet the expenses necessary for defend- ing the country against the general enemy. The ministers advised the appropriation of the forfeited estates for that purpose ; James meditated the recall of the banished lords ; the church insisted upon their being prosecuted to the ut- termost. The king contended, that the best method of deal- ing with them, was to use gentle means ; the ministers con- sidered them as incorrigible, and that the only way to ren- der them innocuous, was to render them incapable of doing Opposite mischief. With such views, it was impossible there could ^e mucn cordial co-operation ; and what tended still farther to prevent it, was the impossibility of accounting, upon any principle of common policy, for the persevering lenity of the king, to men who had so often abused his mercy, and were at that moment plotting against the realm : it was therefore imputed to a fondness for the principles of the lords, and excited the utmost jealousy with regard to every thing the king did. At this distance of time, we may account for James' conduct, upon principles which do not imply any strong predilection for the church of Rome ; we may impute it in part to a wish to conciliate the Roman catholics, a powerful body in England, and not a despicable party in Scotland ; and perhaps we do not err much in attributing the greatest weight to the facility of his temper, and the pe- culiar craft of his politics. 'But when we recollect that the presbyterians required a correctness of moral conduct in the prince, and a decency of manners in the court, with nei- ther of which was the king disposed to comply ; that their ministers, with honest uprightness, occasionally reproved the irregularities of both, while the Roman catholics encourag- ed the laxity of speech and behaviour in which James de- lighted, and offered no restraint to the licentiousness of his courtiers ; and that the protestants admonished, while the papists flattered ; it is not difficult to believe, that though his judgment must have declared against the grosser super- stitions of popery, his kindliness must have been all upon that side; and that he felt a partiality for the papists, which he did not for the presbyterians.

vin. Aware of the powerful attraction of a king's ex- ample, the ministers dreaded the effects it might have upon

JAMES VI.

221

the nation ; but particularly upon those of their own func- BOOK tion who were more immediately within the sphere of court '

influence; and in order to counteract that coolness and 1590. carelessness which they feared, and awaken that zeal in their profession which was necessary to ensure the stability of the church, a measure was adopted at this assembly, which was pregnant with the most important consequences.

ix. At the approach of any threatened danger we have seen, — in the course of the history, — bonds entered into for the preservation of the religion and liberty of the country ; and in times of imminent peril, the practice had been pro- ductive of the happiest results. Jt was now proposed to re- new these sacred obligations, not by subscribing as former- /y, but, after a confession of their own sins and that of the nation, solemnly to dedicate themselves to the Lord, by uplifting their hands. The members of assembly met Solemn re. first in the Little Church, on Tuesday 30th of March, at thTcove- nine o'clock in the morning. John Davidson, minister of ™mt. Prestonpans, presided on the occasion: his sermon and prayer, in which he made acknowledgment of sins, with promise of amendment, had so powerful an effect upon the congregation, that they melted into tears; and before dis- missal, rising in their seats, they all lifted up their right hands, and renewed their covenant with God, protesting to walk more circumspectly, and use greater diligence in fu- ture. At the desire of the assembly, — as many of the mi- nisters were not present, — this covenant was renewed in a similar manner by all the synods, presbyteries, and almost all the different congregations in the country, except the sessions of Edinburgh ; — such ardour and unanimity in the cause were displayed throughout the land. A standing committee was appointed by the assembly to watch the mea- sures of government and the intrigues of their enemies, who relaxed nothing in their exertions.

x. What perhaps, gave rise to this appointment, was the avowed intention of his majesty to bring back the popish lords. A short time before the meeting he had communi- James de- cated this wish to Bruce, and endeavoured to procure his re^n-he'0 concurrence in some plan by which it might be brought popish about. Instead, however, of any approach to accommoda- tion, the assembly addressed to him a remonstrance, urging

222 HISTORY OF SCOTLAND.

BOOK more rigorous proceedings. With this he was highly dissa- IV> tisfied, and in a subsequent conversation with Bruce, he re- presented the advantages which would result to him, if the exiles were reconciled, and allowed to come home ; that the queen of England was now at an advanced period of life, and if any rival should dispute the succession, he would re- quire the undivided aid of all his subjects ; besides, having so many nobles in a state of banishment, while it weakened his strength at home, was calculated to hurt his character with strangers. He therefore thought, if they could be in- duced to embrace the reformed religion and acknowledge their errors, — without which they should never experience his favour, — that no prudent man, or any loyal subject, could be averse to their recall ; and wished his opinion on His con- the subject. Bruce frankly owned that there was much withBruce. force in his majesty's reasons, and that he saw no harm in his recalling Errol and Angus, upon their conforming to the established religion ; but Huntly had rendered himself so hateful to the people, that he did not think he could with propriety be pardoned. The king, on the contrary, could see no reason why Huntly should not be received as well as the others, if he would satisfy the church, and con- sent to such conditions as he should prescribe. He was the more anxious he said for his return, as he was married to his cousin, who he looked upon as his own daughter, and was, besides, the most powerful, and the one who could be of the greatest service ; he therefore wished Mr. Bruce to re- consider the subject. At next meeting, the king urged all his former arguments in favour of Huntly; to which Bruce replied, I see, sir, your resolution is taken to bring back Huntly ; if you do, I shall oppose it ; but do as you choose, only when he comes I must retire, as we cannot both enjoy your friendship. The king decided to receive the traitor, and to dismiss his friend.

xi. Neglected abroad — the usual fate of unsuccessful re- bels,— Huntly and his companions were now anxious to re- turn ; and presuming upon the disposition of the king, they Himtly ar- ventured separately to land in their native country. Huntly, who arrived first, remained for some time in the north ; and by means of his friends forwarded a supplication to James, praying that he might be permitted to return, promising

JAMES VI. 223

to reside at whatever place his majesty chose to appoint, BOOK and offering security for his good behaviour. In the month IV> of August, a convention of the principal nobles, with some 1596 of the ministers who were thought the most moderate, was held at Falkland, to consider the offers made by Huntly ; and the president urging strongly the policy of calling home the exiles, — lest like Coriolanus and Themistocles they should join the enemies of their country, — it was agreed that Is to be rc- Huntly might be received upon certain terms, to be drawn ^™j* on np by the king and privy council ; and this resolution was approved and ratified by a convention of the estates held at Dunfermline.

xii. So soon as the resolution to recall the exiled lords was confirmed, the commissioners appointed by the last ge- neral assembly met at Cupar in Fife, and sent a deputation to remonstrate with the king ; who, after a stormy interview, dismissed them with an assurance, that no proposals should James' be hearkened to from the popish lords, unless they left the duPllclty- kingdom ; and that even then he would show them no favour, until they satisfied the church.* But, notwithstanding, the design of restoring the lords was persevered in. Lady Hunt- ly was invited to the baptism of the king's infant daughter, and lady Levingston, a Roman catholic, was nominated to the charge of the young princess. These ominous circum- Fears Of stances renewed and aggravated the fears of the ministers ; the church, and the presbytery of Edinburgh, — as had been agreed upon at Cupar, — called together the commissioners of the general assembly ; who, with deputies from the different synods, drew up a representation, dictated by the most lively apprehen- sions of danger, which they sent to all the presbyteries, with an earnest exhortation, that every minister, — as well in pub- lic teaching as in private conference, — should impress upon the minds of his people the critical situation of the country ; urge a universal personal reformation upon all ranks, them- selves setting the example; intimate anew the sentence of ex- communication against the popish lords ; and proceed sum- marily against all their abettors within their bounds. They also appointed a certain number of ministers from the four

* M'Crie's Life of Melville, vol ii. p. 68.

22 1

HISTORY OF SCOTLAND.

Reflec- tions.

BOOK quarters of the kingdom, to sit permanently in Edinburgh, _[y~ along with the ministers of the city, under the name of the 1596. standing council of the church, who were to consult and counciTa vvatcn over tne safety °f religion ; the expenses of these dele- pointed, gates to be defrayed by the part of the country they repre- sented. This council immediately entered upon its function, and summoned Seaton, one of the Octavians, and president of the court of session, to appear before the synod of Lo- thian, and answer for his conduct in advising the recall of Huntly. This assumption of power was resisted by the pre- sident, who sent some members of the court to represent its Illegality, when a compromise was entered into. The sum- mons was withdrawn, and Seaton voluntarily came forward, and cleared himself of having had any share in the obnoxious transaction.

xin. We cannot judge of the propriety of extraordinary expedients, adopted in novel and perilous conjunctures, by common rules, applicable to ordinary times. Under a set- tled regular government, the formation of such a committee, to dictate to the legislative, and control the executive, would never be tolerated, and would involve a charge of treason, or at least sedition ; but the loose, undefined nature of the Scottish constitution, admitted of expedients in times of dan- ger, justified only by necessity, and which never could be al- lowed as precedents. In this view the proceeding of the ministers may admit of apology, and to estimate its full force, we must never loose sight of the circumstances under which the council was instituted. The whole real power of the kingdom had been devolved upon eight men, a majority of whom were favourable to the catholic leaders. These lead- ers had repeatedly been in arms against their country ; had corresponded with foreign enemies, and invited them to in- vade the island ; they had been repeatedly pardoned, and al- ways when pardoned commenced anew their machinations The well grounded fears of invasion had not subsided, and the massacres in the Netherlands passing before their eyes, proclaimed the consequences of subjugation by his most ca- tholic majesty ; while the king, who appeared to have no par- ticipation in the feelings or the fears of his people, had be-

JAJMES VI. 225

stowed his cousin upon the ringleader of the rebels, and BOOK was himself suspected of favouring their religious sentiments.

xiv. Indolent as he was, the king perceived the critical 1596. situation in which he was placed, and endeavoured to escape from it by negotiation. Unfortunately the ministers, estimat- Negotia- ing their own strength too highly, were inexorable in their Jj^^e demands ; and by pushing their pretensions too far, lost their king and vantage ground. A deputation of the chief officers of state t was sent to confer with a select number of the commission- ers of the church ; and proposed on the part of his majesty, that neither the excommunicated earls, nor any of their abet- tors, should be received into favour, until they had satisfied the church ; and requested to know whether, upon doing this, he might extend to them the mercy of the crown. The coun- cil, as a preliminary, required that the earls be sent out of the country, and not permitted to return until they had made their offers of satisfy ing the church, — a condition which his ma- jesty himself had promised — to a deputation of the brethren at Callander, to insist upon ; but it was their opinion, that as the earls stood condemned by the law of God, and the high- est tribunal of the land, it was not within the reach of the king's prerogative to pardon them. The proposition was then modified, and it was required, whether the church would receive into its bosom the earls upon their sincere repentance and satisfying them ? Their reply to this was equally stern as before : — The church would receive them, but always with- out prejudice of the magistrate's duty ! James, fretted at what he considered their obstinacy, openly expressed his displeasure ; and their unforgiving disposition, and their dic- tation were the common topics of his invective. Some of the more moderate of the clergy, who wished to avoid an open rupture with the king, on hearing of the strong disapproba- tion he expressed, proposed sending a deputation to inquire into the cause, and offer an explanation ; but unluckily they took the same opportunity to reiterate their griefs. They found his majesty in no humour to receive their remonstran- ces. Their constant railing at him and his measures in their sermons, he told them, had given sufficient ground for his discontent ; and there never would be any cordial agreement between them until their marches were rid, and the limits of

VOL. III. 2 G

226

HISTORY OF SCOTLAND.

BOOK IV.

1.596.

their jurisdictions properly settled. He required: — That they should not introduce public affairs into the pulpit, or, if they did, they should inform him previously of the nature of the observations they meant to make ; that the assembly should at no time be convened without his authority, and Abortive, none of their acts be considered binding until they receiv- ed his sanction, in the same manner as an act of parliament; and that synods, presbyteries, or sessions, should take no cognizance of any matter within the reach of common law.

xv. It was now evident that the court meant to bring to issue the question of the liberty of the pulpit ; for as both the king and the Octavians dreaded the freedom of minis- terial reprehension, they were determined to silence it ; and as the ministers viewed this liberty as the palladium of the church and state, they were prepared to defend it to the ut- termost. When parties are strongly excited, both sides in common proceed to unwarrantable extremities, and their mutual accusations, — unconsciously sometimes, — are ever ex- aggerated. The king and the ministers were mutually irri- tated, and in this disposition of mind the question at issue was to be tried. Their mutual accusations or representa- tions must, therefore, of course, be received with hesitation ; and particularly as there was a third party, the courtiers, who without caring much about either, wished to promote the dissension, in order to answer their own purposes of in- terest or ambition ; and invented or coloured a number of stories to inflame the quarrel.

XVI- Mr' David Black» of St- Andrews, a zealous minister, highly respected by his brethren, was pitched upon as the person whose case was to decide the prerogative of the king, and the rights of the church. He had in some of his discourses used unguarded expressions, which were car- ried to the king by spies, or by the interested party ; and Black was, in consequence, summoned to appear before the council, " to answer to such things as should be inquired of him at his coming, touching certain indecent and uncomely speeches in divers his sermons made at St. Andrews." The ministers, who instantly saw that the blow was aimed at the whole body, and went, — as in the days of Arran,— to stifle all complaint against measures, however dangerous, or topre-

before the council.

JAMES VI.

vent that publicity which gives to the complaints of the BOOK least powerful their only strength to resist encroachment, advised Black to decline the authority of the king andcoun- 15J>6 cil, as the subject was spiritual ;* and at the same time wrote to the several presbyteries, to warn them of this attack upon the liberties of the church, to exhort them to unanimity, and to study diligently the points under dispute; and directed two of their number to collect all the acts of council and parliament passed in favour of the liberty and discipline of the church.

xvii. Black, in obedience to the summons, appeared No- vember 10th, when the council, wishing to obtain simply a general recognition of their power to judge in cases of free- dom of speech in the pulpit, restricted the libel to a charge, which it was imagined, would not come within the term spiritual. In some of his discourses, it was alleged, that he had styled the queen of England an atheist ; this was told to the English ambassador, who was urged to make a com- plaint to the king. The ministers were not, however, to be so juggled. The remark related to the religious character Proceed- of the queen, and so was a spiritual matter. Some of the in£s m hi* ministers were then delegated to wait upon the king, to hear and reason with him upon the matters in dispute, when the answers they received were favourable ; and with regard to Black, the substance of the charge was treated so lightly, that the king said, — As for Mr. David Black, he thought not much of that matter, only let him compear and clear him- self in judgment, and he shall satisfy the English ambassa- dor. " But take care, sir," added he, " that you decline not my judicatorie, for if you do, it will be worse." The English ambassador, who had been unwillingly dragged into the business, expressed himself satisfied with a private ex- planation ; but this was not what the king wanted, it was a public acknowledgment of his supreme right to judge in ec- clesiastical matters ; and therefore, instead of dropping the subject, when the party said to be offended, declared him-

• The summons, it must be observed, stated no treasonable or seditious speeches to have been uttered by Black, consequently, as it stood, the charges were strictly " for speeches uttered in the pulpit," which might have been errors in doctrine.

228 HISTORY OF SCOTLAND.

BOOK self satisfied, a new libel, containing new charges collected W' since his former appearance, and consisting of detached pas- 1596. sages from his sermons for three years back, was exhibited against Black.

xviii. Meanwhile, the ministers, determined to assert their right of freedom of speech ; and desirous to preserve a memorial of their proceedings, which, whether successful or not in the struggle, might bear witness that they did not surrender without an effort, drew up a written declinature of the king and council's jurisdiction in matters spiritual, which they transmitted to all the presbyteries for their ap- proval ; and in a short time received the signature of four hundred ministers. Whenever this process was known, the king issued a proclamation, commanding the commissioners Ministers to leave Edinburgh, declaring the commission unlawful, and leave Edin- forbidding all such convocations in future, under the pain of burgh. rebellion. The ministers, immediately suspecting the Oc- tavians as the authors of these harsh but decisive proceed- ings, after resolving that they would continue together as long as they could, sent a message to the eight lords. " The church," they said, " at their entrance into office, enjoyed peace and liberty, now it was disturbed and perplexed, and her enemies spared and pardoned ; they, therefore, charged them as the authors of the church's troubles." The presi- dent, in name of the counsellors, declared that they had never interfered in ecclesiastical business, that without it they had sufficiently exposed themselves to envy and ill-will, they, therefore, left them and the king to settle it between them.

xix. As the ostensible advisers of the crown had disavow- ed any concern in the acts of the court, the ministers were Their in- now placed in direct hostile attitude to his majesty himself;

effectual they again tried the effect of a personal interview, but as he

attempt at . . .

reconcilia- insisted upon their allowing the validity of his claim, a>s the

condition of his stopping the process, and as they believed that such an acknowledgment would be opening a door to farther encroachment, which, in the end, would altogether subvert the ecclesiastical government, or so confound it with the civil, as to lay it open to the intrusion of any profane prince, and each, doubtful of the other, stood upon the ut-

tion.

JAMES VI. 22Q

most punctilio, no conciliatory proposal proved availing. BOOK The ministers, on the sabbath before the trial, one of the last days of their liberty, sounded the alarm in all the pul- 1596. pits. The king, the same day, celebrated with great mag- nificence, the baptism of his daughter,

xx. On the 30th of November, Black was brought to trial

upon the new charges, which were : — " That he had affirmed Trial of

, . . , Mr. Black,

that the popish lords had returned into the country with the

king's knowledge, and that in doing this, he had detected the treachery of his heart ; that he had called all kings the devil's bairnes ; that in his prayer for the queen, he had used these expressions, we must pray for her for fashion's sake, but we have no cause, for she will never do us any good ; that he had called the queen of England an atheist ; that in discussing a suspension granted by the lords of council and session, he had called them miscreants and bribers ; that speaking of the nobility, he said they were degenerate, godless, dissemblers, and enemies to the church ; that in speaking of the coun- cil, he called them cormorants and men of no religion ; and lastly, that he had convocated diverse noblemen, barons, and others within St. Andrews, in June, 1594, and caused them take arms, thereby usurping the power of the king and the civil magistrate." Mr. Black, in answer affirmed, that all the accusations were false and calumnious, and produced testi- monials to the purity and loyalty of his doctrine, from the provost, bailies, and council of St. Andrews, and from the rector, dean of faculty, professors, and regent of the univer- sity, which he contended ought to be preferred before any report whatever. He again declined the authority of the king and council as to all the charges except the last, on which he offered to stand trial, but they over-ruled his declinature, and found themselves competent to try the whole of the offences specified. At subsequent diets, the court would have been sa- tisfied with a very mild punishment; but as this would have implied a dereliction of the principle, the ministers would not consent to any adjustment on such a basis ; the council then found Black guilty, and sentenced him to be confined beyond He is found the north water, till his majesty resolved what farther pun- ishment to inflict.

230 HISTORY OF SCOTLAND.

BOOK xxi. The ministers, considering Black's sentence as a W' declaration on the part of the court, of their intention to 1596. carry into full effect their pretensions to spiritual jurisdic- tion, proclaimed the next sabbath to be kept as a fast, with Consequent solemn prayers for averting impending judgments. The of 'the king8 king, who conceived this to be a personal attack, published a and the declaration, in which he disclaimed any intention of violating: ' the rights of the church, affirmed his resolution to maintain religion and the ecclesiastical discipline established by law, and to suffer nothing to be done in prejudice thereof. On the same day he ordered Mr. David Black to go into ward, and repeated his command to the commissioners, to remove themselves from Edinburgh ; and ordered that the ministers, before they received their stipends, should subscribe a bond, obliging themselves to obey the king and privy council.

xxii. After their departure, some of the king's counsellors, thinking the ministers of the city would now be more easily prevailed upon to come into the plans of the court, proposed to his majesty, to send for them, and attempt some new ne- The mini- gotiation. When this was intimated to the clergy, they re- t^commut fused to enter into any communing, unless the commissioners nicate with were brought back as openly, as they had been disgracefully img' dismissed ; and the court had given hopes that this might be the case, when an incident occurred, which afforded a handle to the king to break off his correspondence ; and led to measures, which for a time laid the church at his mercy, and enabled him to obtain a precarious and unsatisfactory do- minion in ecclesiastical affairs.

xxiii. Of whatever delinquencies the Octavians might have been guilty, they at least merited the praise of rigid economy in the management of the revenue, and incurred the hatred of the courtiers and hangers on about the palace, whose share in the plunder of the public they curtailed ; in particular, the gentlemen of the bedchamber, known by the name of Cubiculars, who, from their ready access to the royal ear, were wont to abuse the facile temper of the king. These now wished to get quit of the superintendence of the counsellors, or involve the public in confusion, that in the scramble they might pi-ocure the reversion of some of their old perquisites. To accomplish their ends, they first went

JAMES VJ. 231

to the ministers, and assured them that the Octavians were BOOK the chief promoters of Mr. David Black's prosecution; that they projected other dangerous expedients, and if not closely 1595. watched, they would soon overturn the present established intrigues religion ; that the majority of them were papists themselves, and without their connivance and encouragement the popish lords would never have ventured to return. They then re- ported to the Octavians, as the charges of the ministers against them, all the suspicions they had carefully instilled into the minds of the ministers, and hinted not obscurely, that the citizens of Edinburgh, enraged by these insinuations, had conspired against their lives. To the king they repre- sented the citizens as under guard every night to prevent any injury being offered to their ministers; and next they warned the ministers to take care of themselves, as Huntly had been admitted to a private interview with the king, and induced him to adopt severe courses, while his retainers were waiting in the neighbourhood to support them. Sus- picions on both sides were raised to the utmost pitch, and under their influence the king ordered twenty- five of the principal citizens to leave town within twenty- four hours. Having succeeded with his majesty, the Cubiculars caused intelligence of this fact to be conveyed to Mr. Robert Bruce, who gave the letter to Mr. Walter Balcanquhal, as he was about to ascend the pulpit to preach the usual week-day ser- mon.

xxiv. Already sufficiently disposed to view in the darkest light the measures of the court, this information, of which the ministers never doubted the correctness, was communi- cated to the congregation in the application of the discourse, Its unhap and produced a very powerful sensation. After sermon, the py effects. barons and gentlemen were invited to meet with the ministers in the Little Kirk, to consult upon the steps necessary to be taken at such a crisis. The call was immediately complied with. Mr. Robert Bruce addressed them, when they were assembled, on the dangers to which the church was exposed by the return of the popish lords, and the favour shown to them, contrasted with the rigour exercised toward the pro- fessors of the reformed religion ; and desired them to hold up their hands and swear to defend religion against all op-

232 HISTORY OF SCOTLAND.

BOOK posers. Two commissioners from each of the estates were IV' then sent to wait upon the king, who was accidentally in the

1596. tolbooth with the lords of session at the time. On being admitted, Mr. Robert Bruce informed his majesty of the purport of the message; " they were commissioned," he said, " by the noblemen and barons convened in the Little Kirk, to lay before him the dangers that threatened religion, by the manner in which the ministers and zealous professors were treated." " What dangers see you ?" said the king. " We see," answered Bruce, " the most sincere professors banished the city, and lady Huntly, an open papist, enter- tained at court, nor is it thought that her husband is far off." " What have you to do with that?" asked his majes- ty, and then changing the subject, " How durst you con- vene against my proclamation ?" " We dare do more than that," replied lord Lindsay, warmly, " and will not suffe' religion to be overthrown." Numbers of people now rush ing into the room, the king, without deigning an answer, retired abruptly, and ordered the gates to be shut behind him.

xxv. During the absence of the deputation, Cranstoun, a forward minister, was reading to those who were in the church, passages from the Old Testament, and had selected among the rest the story of Haman and Mordecai. The deputies, on their return, reported that they had been unable to obtain a favourable answer from the king, and could ex- pect none so long as the present counsellors remained about him. It therefore behoved them to consider what course they should take. " Our only course," said lord Lindsay, " is for us who are here to remain together, pledge our- selves to each other, and send notice to our friends to come to us," a proposal which met with universal approbation ; and Bruce exhorted them to persevere, but with calmness and moderation. In the meantime a report had been indus- triously spread in the town that the king had behaved very ungraciously to the ministers, and a rumour was whispered through the tolbooth that the town was arming before there was any appearance of a tumult. The incendiaries gained their end, a crowd gathered, and some ran to the tolbooth, and some to the Little Kirk, where the ministers and nobles

JAMES VI. 233

were assembled. At this moment an unknown person, but BOOK generally alleged to have been an emissary, came running '^* to the church, crying, " Fly ! save yourselves, the papists 1595. are coming to massacre you."

xxvi. In any circumstances almost, an alarm is easily A tumult, spread in a crowd, but if there have been any previous unde- fined apprehensions existing among them, the shock is elec- tric. So it was here, the cry got up, To arms ! to arms ! Some one within the church exclaimed, The sword of the Lord and of Gideon. " These are not our weapons," said Bruce, and endeavoured to calm the meeting, but the panic had seized them, they rushed to the street, and increased the confusion. The doors of the tolbooth, at the first sound of a disturbance, had been shut, and the mob who were collected before them bawled out for president Seaton, and some other of the obnoxious members of the council to be delivered to them, that they might take order with them; calling them abusers of the king, and adding, perhaps, a few opprobrious epithets, as used on similar occasions, but they pi'oceeded to no further violence; for one of the deacons of the crafts, with a guard of craftsmen was instantly upon ihe spot, and sir Alexander Hume, the provost, who was on a sick bed, no sooner heard of the tumult, than he arose, came into the street, and addressing a few conciliatory speeches to the riot- ers, persuaded them to disperse and go quietly home, which they did. In a short time tranquillity was completely restored, nor does there appear to have been a blow or a wound given or received upon the occasion.* During the disturbance, the king directed the earl of Mar and two other noblemen, to proceed to the ministers, and ask the reason of the riot. They found them walking in the churchyard behind the church, regretting the unfortunate occurrence, which they could only account for, from the people being dissatisfied at learning the rejection of their petition; and requested the noblemen to represent to his majesty, that they were wholly unconnected with the tumult, which they had done their ut- most to repress. The earl of Mar on this, advised them to state their grievances in a respectful petition, and present it

* .Calderwood, p. 365. Spotswood, pp. 487-8. VOL. III. 2 H

234

HISTORY OF SCOTLAND.

BOOK IV.

1596.^

The king leaves Ed- inburgh.

to his majesty, by whom he promised it would be heard and answered. They then returned to the Little Kirk, and after a short deliberation, sent lord Forbes, the laird of Bargenny, and principal Rollock, with their requests to the king, who still remained with the lords of session. They asked that all the proceedings against the church, for the last four or five weeks, should be rescinded ; that the president, comp- troller, and advocate, as being suspected papists and avowed enemies to the church, should have no voice in what con- cerned it ; and that the citizens of Edinburgh be permitted to stay at home, en giving surety to appear when called on. The king answered them smoothly, he promised to call his council in the afternoon, and satisfy them in every thing they could with reason desire, and if the lord provost and bailies would intercede for the citizens, their petition would be granted. His majesty then walked down the streets peace- ably to his palace, attended by the lords.

xxvu. In the afternoon, the noblemen and barons assem- bled with the ministers, and in compliance with the desire of the king, a petition was drawn up, and a deputation sent to the palace, to present it to the council. They arrived at Holyroodhouse about five o'clock in the evening, but instead of being received, as his majesty had promised, they were told that he was then greatly displeased, and were advised to defer asking admission till next day; and lord Ochiltree having prevailed on the laird of Bargenny to decline the office that evening, the deputies withdrew without accom- plishing their errand.

xxviu. Next morning early, before an opportunity couk be found for again presenting the petition, the king was on his road to Linlithgow ; happy, no doubt, in having escapee the imminent danger to which he was exposed, of hearin the grievances of his people, or the unpardonable affront oi fered to his authority, in daring to censure his ministers He left a proclamation, which was immediately published a the market-cross, stigmatizing the late riot, which it magni fitd into a treasonable uproar, excited by the ministers ; ant ordering the courts of law to leave a city, unfit for the minis tration of justice, and also commanding all the nobility to re-

JAMES VI 235

turn to their own houses, and not to reassemble in any place, BOOK without his majesty's permission.

xxix. A measure so unexpected, because so unpropor- I59fi tionably severe, especially when contrasted with the lenity shown to the reiterated treasons of the rebel lords, struck both the ministers and the citizens with the most lively ap- prehensions ; but they took different courses to avoid the im- pending storm. The magistrates, afraid of the consequences of removing the royal court and courts of justice, resolved to yield and implore his majesty's clemency, — the ministers de- termined to brave the tempest ; exhorted the nobles present not to separate, and endeavoured to procure the adherence of others to their cause. They wrote to lord Hamilton, and Proceed- to several noblemen, upon whose co-operation they reckoned, ministers* and invited them to come to Edinburgh and support the li- berties of the church ; and also attempted to convoke a ge- neral assembly of the ministers, whom they invited to town, and recommended to bring along with them the gentlemen they considered as best affected. The court, on the other hand, followed up the first proclamation, by ordering the ministers of Edinburgh, with a number of the citizens, to en- ter into ward in the castle, and commanding the provost and maistrates to enforce the order.

xxx. By a piece of meanness, if not treachery, lord Ha- ^^ Ha- milton, instead of answering the letter addressed to him by treacherr. the ministers, sent a vitiated copy to the king, in which they were made to approve of the tumult, by attributing it to the motion of God's Spirit; expressions which were not used by them. This was seized upon by James' advisers, as a plau- sible pretext for additional severity, and they summoned the ministers to appear at Linlithgow, to answer before the pri- vy council, super inquirendis ; but the ministers, upon con- sulting with their friends, were advised, in the then temper of the court, to decline appearing; and, accordingly, some of Minister* them sought refuge in England, and some concealed them- retire. selves in Fife. A deputation from the town council was sent on Monday — the king left Edinburgh on Saturday — to Lin- lithgow, to clear themselves from blame, and to offer any re- paration in their power to his majesty and council for the in-

236 HISTORY OF SCOTLAND.

BOOK clignity offered them in the late riot, provided they were de-

IV- clared innocent of the crime, which from their hearts they

1596. detested. The king, however, would receive no apology.

" Fair words," he told them, " could not atone for such a

fault, but he would come ere it was long, and let them know

The tu- |)e was tneir kin£." Next day, the tumult was declared by

mult de- / .. ., _ . .

clared trea- the council to be treason, and all guilty of being concerned son* in it, traitors; the judicatories were ordered to be removed

to Leith, and the court of session, after the 1st of February, to Perth.

xxxi. At this denunciation, which was aggravated by re- ports of the extremities advised by the sycophants about court, who talked of bringing in the borderers, of spoiling and then burning the city, of razing it to the foundation, sowing it with salt, and erecting a pillar on the place where Edinburgh stood, the capital was in despair ; and hopeless of

supplica- obtaining any mitigation from their own application, they tion of the fo J ' '

town. employed some gentlemen in favour with the king to inter- cede for them, who represented : — That in all great towns there were generally some turbulent spirits ; and it would indeed, be hard if a tumult raised by them, which the ma- gistrates had quelled, and the promoters of which they were anxious to bring to punishment, should be visited upon those who had faithfully done their duty. They therefore entreat- ed his majesty to relent towards the town. The king, who must have perceived the force of this application, after some hesitation, replied : — That he did not think the riot could have assumed so alarming an appearance, unless it had been encouraged by some persons of note ; but at any rate, the magistrates were guilty of culpable negligence, in not having prevented it f His resolution, however, was to proceed by law, and not to use any violent course. He had appointed the estates to meet in the same place where the dishonour was done him, and would regulate his conduct, both as to trial and punishment, by their advice. The king xxxn. On the day preceding the convention the king came

returns to T-L j i /•

Kdin- to -Leith, and gave orders for his entry into the city next day burgh. — new-year-day — which was done with all the circumstance of military pomp, as if some mighty conqueror had been en- tering the capital of his enemy, after an obstinate and irritat-

JAMES VI. 237

ing siege. The keys of the town were delivered with great BOOK formality to one of the king's officers ; a guard of armed men _ was stationed in the streets, and the citizens commanded to 1597. remain within their houses, and such as did appear, forbid- den to carry any weapon. The earl of Mar, lords Seaton and Ochiltree, were ordered to take charge of the town, and superintend the arrangements, the magistrates not being al- lowed to officiate on this solemn occasion. When all the preliminaries were adjusted, the king, accompanied by a great train of nobles, entered the town on horseback, and march- ed in procession up the High Street to the tolbooth, where the estates were assembled. After some desultory discourse about the riot, the king was advised to call the magistrates, and hear what they had to offer in extenuation of this en- ormous offence. The provost, bailies, and town council, were then brought in, who, falling upon their knees with a humiliation not more contemptible than useless, offered to clear themselves upon oath, of all previous knowledge or active participation in the seditious tumult, to resign their Abject sub. office to such as his majesty should appoint, and with

meanness unfortunately not peculiar to these times, made a trates. voluntary surrender of their religious and civil liberty into the hands of the king ; disclaiming in future their right to choose their own ministers, or elect their magistrates, and this under protestation of their being innocent of any crime ! Yet all this sufficed not ; the king dismissed them in doubt whether he would deign to accept of their degraded privi- leges.

xxxin. Queen Elizabeth, with her usual sagacity, on be- ing informed of these commotions, wrote a letter to the king, " to dissuade him from pursuing a rigorous course with his best subjects, whose interest was inseparably connected with his own, and whose only fault consisted in an over zeal for the welfare of the church, which they believed to be in dan- Elizabeth ger ;" and which, although it might be rash, and in the man- interferes* ner " such as no king ought to bear with, yet was not so in- excusable at the instant when the new banished lords re- turned, and were seen to be winked at, and allowed full li- berty ; and as spring was advancing, when aid from abroad was promised, together with the arrival of many letters from

238 HISTORY OF SCOTLAND.

HOOK Rome and elsewhere, containing the names of envoys au- * * thorized by the king — as they gave out, but she hoped false- 1597. br — to assure the catholics of his conformity, and of his in- tention, when the opportunity offered, to establish the party of his enemies, and desert his own." The king professed himself pleased with this letter, as he had no intention of dealing rigorously, but only wished to enforce obedience upon his subjects, " and make his advantage of their disor- ders !" *

xxxiv. In the next meeting of the estates, which was held in Holyroodhouse, the tumult was pronounced treason ; and The magis- it was determined to prosecute the town criminally before dered into tne court °f justiciary. The whole magistrates, as repre- ward. senting the town, were ordered to enter themselves in ward within Perth, before the 1st of February, to remain there prisoners till tried. The day of trial, after several adjourn- ments, was at last fixed for the 5th March, and instead of all the magistrates, two bailies, the dean of guild, treasurer, four of the principal deacons, and four of the council, with their clerk, in all thirteen, were ordered to attend with a commission from the provost and council, as representatives of the city. When the day came, they appeared all except one who had the king's dispensation ; but this excuse was not admitted, and the whole were found guilty of not fulfil- ling the ordinance of the council, which required thirteen to be present. The town was denounced, the burgesses de- clared rebels, and all their public property confiscated to the king. The report of this sentence filled the city with consternation; the magistrates threw up their offices, and refused to act; and for fifteen days, the capital continued without either ministers or magistrates. At last, by the in tercession of some nobles, the provost, bailies, council, an< deacons of crafts, were admitted into the royal presence a Holyroodhouse, and falling on their knees, with tears in their eyes, bewailed their negligence in not preventing what they had repeatedly protested they could not foresee and besought his highness to take pity on the town, throw ing themselves entirely on his mercy. The king sharp

• Spotswood, p. 433.

JAMES vr. 239

ly reprimanded them, and, in a long speech, expatiated BOOK

on the magnitude of their offence ; then commanded them

to retire till he should deliberate upon their fate. On be- i597

ing recalled, they were ordered to deliver up to his majesty

the houses in the churchyard where the ministers used to

dwell, who were henceforth to live separately ; to protect the

lords of session during their sitting, under a heavy penalty ;

to give up the lower council house for exchequer chambers ;

and to pay a fine of twenty thousand marks. On these con- Punish-

ditions being accepted, the king was most graciously pleased "

to pardon the town, and by proclamation, recalled the courts the town. of justice. Such was the punishment inflicted for a riot, in which ro person was hurt, no property damaged, which the strictest investigation could trace to no specific origin, and in which, after the most minute diligence, no respectable in- dividual in the city could be implicated.

xxxv. In the midst of these turmoils, the Cubiculars ef- Octavians fected the overthrow of the Octavians. Harassed by the dissensions of which they were supposed the instigators, en- vied by the other courtiers, and not agreeing among them- selves, they found it expedient to resign their commission ; for the king, says Spotswood, loved peace though with his own loss, and the revenue, as formerly, was carelessly col- lected, and extravagantly spent. But James was so eager in pursuing his plans for reducing the ministers to subjec- tion, and altering the constitution of the church, that this re- volution in the state, important although it was, must be classed among the more uninteresting occurrences of the time.

xxxvi. Having gained so complete a victory over the ca- pital, the king did not allow the opportunity to slip for at- tempting his innovations in the church. These he had for some time meditated, and the preparatory steps were taken previously to the riot in Edinburgh, by preparing a series of questions to be agitated, the discussion of which would tend to unsettle the minds of the people, with regard to the form of church government established by law. The mini- The king's sters of Edinburgh were, as ministers of the metropolis, and de?'£"s a~ as men of superior ability, looked up to with reverence by church. the majority of their brethren, and viewed by the king as

240 HISTORY OF SCOTLAND.

BOOK the chief obstacle to his design ; and the miserable riot, by '^' falsehood and exaggeration, had afforded the means of get- 1597. ting rid for the time of their personal opposition, and gave a handle to the court, which they did not fail to improve, for shaking their influence, by representing them as turbu- lent and seditious. Fifty-one questions were printed and circulated through the presbyteries, and a general assembly was summoned to be held at Perth, to take these questions into consideration.* At the same time, sir Patrick Mur- ray, one of the gentlemen of the bedchamber, was despatch- ed on a mission to the north, to induce the ministers there to come into the measures of the court. He was instructed to acquaint them with the late dangerous tumult, and the treasonable conduct of the ministers of Edinburgh, whom they were to be directed to look upon as wishing to usurp an authority to which they had no right, and the commis- sioners as exercising an unlawful office. He was to endea- vour, if possible, to procure their subscriptions to the bond, and desire them to send commissioners to the ensuing gene- ral assembly, to resolve the proposed questions, and to act independently and for themselves, nor believe the misrepre- sentations given of his majesty, as if he intended to usurp any improper authority in the church. They were likewise He tampers to be required to accept the earl of Huntly's offers to satisfy ministers the church, and absolve him from the sentence of excommu- m the nication. In their answers, the presbyteries expressed them- selves unable to judge of the question respecting the tumult, on account of their want of information ; but their opinion in general was, that the guilty should be punished, and ii

* These questions, which are given at large in Spotswood, were such as, — Whether the external government of the church might not be disputed? Whe- ther it was lawful for ministers in the pulpit to express the names of coun- sellors, magistrates, or others, except for notorious vices, and after private ad- monition ? Whether is it lawful to convocate the general assembly without his majesty's licence, &c. ? All tending to unsettle the form of church govern- ment, which all had sworn to uphold, and which had been legalized in the strictest manner by act of the estates. Encroachments upon an established well working constitution, however small, are at all times to be deprecated, especially when, under the profession of strengthening it, the executive is evi- dently grasping at unnecessary power. Had these questions been dismissed at once, the troubles which followed might perhaps, have been prevented.

JAMES VI. 241

ministers, doubly. The bond, they in general declined sub- BOOK scribing, notwithstanding the penalty annexed, as they al- ^n ready acknowledged his authority ; and where it refers to 1397. the liberty of speech in the pulpit, that was a subject for the deliberation of the next assembly ; and as for the earl of Huntly, his repentance should be most acceptable to them, and they were willing to confer with him, and use every mean for his conversion ; but they did not find him so will- ing to conform as they wished, nor did he appear very ear- nest about his being absolved. In his private communica- tions with the ministers, sir Patrick plied them with every topic most likely to engage their interest or ambition, by holding out the favour of the king, with whom they needed only to be acquainted to perceive how much his character had been mistaken ; and who, notwithstanding his quarrel with the ministers of Edinburgh, was still warmly attached to the rest of the ministers of Scotland ; and they who had been unaccustomed to any attention from the court, flattered by the appeal now made to them, assured him that the king would have no cause to complain of their conduct at the en- suing assembly.

xxxvii. A convention of the ministers met at Perth, March Convention 1st, in obedience to the royal summons. It was numerously °[ p^ters attended, but had an unusual proportion of the north country members ; yet notwithstanding it was with difficulty, after a sharp contest of three days, that it was decided, by a majority of voices, to be a lawful general assembly extraordinarily convened ; the commissioners from Fife protesting, that nothing which might be done should be held valid, or im- proved to the prejudice of the liberties of the church of Scotland. The questions proposed by the king were hotly debated ; but in the end the project of the court was vir- tually approved, by the leading ones being answered in such a manner as to allow the king, or the pastors, to propose, in a general assembly, whatever point they desired to be re- solved or reformed in the external government of the church ; to give up the liberty of discussing public questions its pro- in the pulpit, or reproving public men either by name or feedjngs

, r J hostile to

in such a manner as the character might be recognised; to the church. disclaim the right of meeting to synods, presbyteries, or VOL. in. 2 i

242 HISTORY OF SCOTLAND.

BOOK sessions, except in particular specified cases, without the "• authority of the king ; and to allow that no minister should 1597. be chosen in any of the principal towns without his majesty's consent. Content with these concessions, the king did not push his encroachments farther at this time ; but having pro- Ratified by cure(j a ratification of these articles from the convention of the estates. .

estates, which was sitting at Perth at the same time, he de- ferred the consideration of the other questions till the meet- ing of the next general assembly, to be held at Dundee on the 10th of May following. The influence which the court had acquired in the assembly, was still more evident from a com- mission given by them at the king's desire to a number of the northern ministers, to confer with the popish lords, and to procure their re-introduction into the bosom of the church. This assembly was the first in which the king, adopting a new method of management, and by operating upon the un- suspecting simplicity of some, and the needy selfishness of others, rendered the ministers themselves the instruments of their own enthralment.

xxxviu. Pleased with their complaisance, the king ap- peared willing to relax in his prosecution of those who had been harshly treated on account of the tumult, and replied to their intercessions for the gentlemen who had been ordered to leave town, " That he had no intention of harassing in- nocent men ; and would easily settle with them ; but with the ministers, whom he esteemed the most guilty, he was uncer- tain what course to pursue." The members of assembly continued, " From the whole of the examinations it appear- ed that all, but particularly Mr. Robert Bruce, were chiefly instrumental in allaying the disturbance, and instead of pu- nishment deserved a reward." To which the king answer- ed, that granting they did repress it, they were the first cause of exciting it, and if they were punished for that, he had no objection to their being rewarded for the other. He Ministers would, nevertheless, consent to their being released, upon giving security to appear when called upon.* The four ministers were, in consequence, allowed to return, and on the 21st of April were introduced to the king, who expressed

• SpoUwood, p. 442.

JAMES VI. 248

his satisfaction at their having fled, as, he said, he might BOOK perhaps have done in his fury what he would afterward have

repented.* They were not, however, allowed to resume 1597. their clerical functions.

xxxix. One of the objections to the legality of the assem- bly at Perth was, that it was convened solely by the warrant of the king, and not opened by the regular moderator. For this reason, some of the most strenuous supporters of the dis- cipline of the church, when the day on which the assembly, according to the regular method of proceeding should have been held, met at St. Andrews; and beingconstituted by Pont, the moderator of the last regular assembly, agreed to dismiss, and refer all business to an assembly to be held at Dundee, May 10th, the day appointed by the king and convention at Perth; by this form asserting the right of the church to convoke and hold her assemblies, a right which the king wished to usurp entirely to himself.

XL. In consonance with the resolution of the assembly at Perth, the general assembly met at Dundee, and ratified with some modifications of no great importance, the acts of at Perth that session, which it declared a lawful meeting. Whenever the court wished to gain any end, or silence any opposition, bly. it had been latterly their custom to introduce the subject of stipends to the notice of the assembly ; and as a great num- ber of the ministers were but very meanly supported, and even that was precarious, they were certain of always at- tracting the attention of a considerable party. Under this cover, and for the ostensible purpose of planting churches, the king obtained from this assembly the nomination of a standing council of fourteen ministers, seven to constitute a quorum, for the purpose of " advising in all affairs concern- ing the weal of the church, and entertainment of peace and obedience to his majesty within this realm," by whose means all matters which were to come before the general assem- blies were previously arranged at court, and the king ena- bled to introduce whatever innovations he afterward chose ; or, as quaintly expressed by James Melville, it was " the very needle which drew in the thread of Episcopacie."

" Calderwood, p. 402.

HISTORY OF SCOTLAND.

BOOK XLI. As soon as the assembly was dissolved, sir Patrick rv* Murray, by the king's command, accompanied the commis- 1597. sioners of the church to the north, to see the three earls perform the prescribed conditions, and be absolved from the sentence of excommunication. But while the king was so anxious to accomplish this favourite object, and was en- dangering the peace and best interests of his kingdom, to procure for convicted traitors a reconciliation with the church, and a return to court, their accomplices were en- gaged in new plots, which, it is no great violation of charity to believe, were concerted with their knowledge ; for it was not till after their failure, that the earls consented to comply Another with the terms to which they had agreed. James Gordon, defeated. a relation of Huntly's, and a Jesuit, arrived in the country to dissuade him from compliance, and at the same time, a plan was concerted, to seize and fortify the isle of Ailsa, for the purpose of receiving a Spanish force. Ailsa is an in- sulated rock, situate on the western coast of Scotland, be- twixt the shore of Ayrshire and Cantyre, about two miles in circumference ; it rises to a great height, and is inaccessible, except by one narrow footpath, which a few resolute men could defend against any force. On the top stood the ruins of an old castle. This rock had been taken possession of by one Hugh Barclay of Ladyland, who, in the former year had made his escape from Glasgow castle where he was confined, fled to Spain, and having returned as an agent, was employed in victualling this place. He was surprised by Mr. Knox, who, five years before, had apprehended Kerr with the blanks, but rather than allow himself to be taken, rushed into the sea, and drowned himself. The popish earls, when apprized of his death, professed their sin- Popish cere repentance, took whatever oaths were required, sub- solved^" scribed the articles of faith, and were absolved in the church of Aberdeen.

XLII. James was so completely intent on his ecclesiastical projects, that the history of Scotland at this period, consists of little else than a detail of the meeting of assemblies, com- missions, and parliaments for remodelling the church, and of the shifts and tergiversations of the king to bend the cler- gy to his purpose. Shortly after the assembly rose, he call-

JAMES VI. 245

ed a meeting of the commissioners at Falkland, and pro- BOOK ceeded to exercise the power which he considered the as- _ sembly to have bestowed, when they nominated this council. 1597. He called the presbytery of St. Andrews before him, revised The kin£

interferes

a sentence of deposition they had pronounced, and restored jn the

the offender to his office. He next heard a complaint of°hurchJu-

., . . dicatories.

Lindsay of Balcarras against Mr. Wallace, one of the mi- nisters of St. Andrews, for some injurious speeches which he accused him of having used in the pulpit. The com- plaint had been brought before the presbytery, but dismissed because it could not be substantiated by the evidence of two witnesses, on which the secretary preferred it before the commission, and Wallace was summoned to answer. Wal- lace declined the judicature, as the case had been tried be- fore the presbytery, from whose decision there was a plain, legal appeal to the assembly ; and the moderator of the pres- bytery protested against the proceedings of the commission- ers, as usurping a greater power than the assembly claimed, of judging in a case within the jurisdiction of a presbytery, without any appeal from that presbytery, to the neglect of the inferior judicatures. " Then I will protest too," said the king, " as one of the principal motives which induced me to crave, and the assembly to grant this commission, was to take cognizance of such cases and see justice done." The commissioners dismissed both declinature and protest, de- clared themselves competent to judge of the complaint, and appointed the case to be heard at St. Andrews, whither they proceeded in a few days. Here the secretary appeared, but Wallace persisting in his declinature, was removed from his charge, as was also Mr. David Black, who had a little before resumed his ministry.

XLIII. From the church the royal visitation proceeded to the university, and the conduct of Andrew Melville, the rector, underwent a strict, and not very friendly investiga- tion, but nothing culpable could be brought against him. Spotswood mentions only his having sometimes, in his di- vinity lectures, agitated political questions, which, consider- ing the close and intimate connexion then subsisting between civil and ecclesiastical government, it was hardly possible for a professor in his situation to avoid

246 HISTORY OF SCOTLAND.

BOOK XLIV* The Romish power was so closely entwined about **' the power of the state, and presented such imposing claims 1597. of right, and the sovereigns, in virtue of the example of the Christian emperors, aimed at such authority over the reli- gious concerns of their subjects, that a total confusion of jurisdictions was introduced. This, so long as both united to support tyranny and superstition, occasioned no great difficulty ; but when the light of reason and of revelation began to shine at the reformation, it became a necessary part of a divinity professor's prelections, to inquire into the respective jurisdictions of magistrates and ministers, and in so doing he was naturally led to discuss the abstract ques- tions respecting the origin of power, and the responsibility of those who exercised it — discussions from which no good Prescribes government need ever fear any bad effects. James consi- jeet* to be dered tms as an abuse, and in order to correct it, he pre- taughtin scribed to every professor the subjects he was to teach.* sides." r"He also nominated a council to superintend all academical proceedings, and prevailed upon the commissioners to pass a resolution, that no professors, particularly professors of divinity, should, unless they were pastors, teach in any of the congregations, or possess a seat in any of the judica- tures of the church. These arbitrary regulations, though professedly for the benefit of literature, were directed against one man, particularly the last, which was intended to get rid, in an oblique manner, of Andrew Melville's appearance in the general assembly, whose intrepid conduct and com- manding eloquence the king was terrified to face.

XLV. On the borders, the outrages still continued. In no

part of the country was the mischief of a feeble or relaxed

Outrages government sooner felt. The English were ever ready to

on the bor- take advantage of the confusion, and the unruly marauders

of Tynedale and Redsdale, broke into the Scottish side, and

* This charge is not mentioned in the acts of visitation, M'Crie's Life of Melville, vol. ii. p. 114, but \tmight still be understood, and, as it is extremely probable that the proposal of another professor might be a mere cloak, I have retained Spotswood's account, and as a council was appointed to manage the funds of the college, there is no impossibility but some charge of negligence may have been circulated against Melville. The simple absence of these charges in the acts, does not warrant an accusation of vitiating the record.

JAMES VI. 247

ravaged all Liddisdale. The laird of Buccleugh, keeper of BOOK these marches, to be avenged for the affront, made an inroad on the English side, and having taken thirty of the most ac- 1597. tive of the robbers, hanged them, and brought off consider- able spoil. The freebooters in sir Robert Kerr's district, were encouraged to commit depredations on the east marches, where the disorders were aggravated by a personal quarrel between him and sir Robert Carey, lord Hunsdon's fourth son. The complaints made by her wardens, against the re- peated excesses of the Scots, at last induced Elizabeth to send sir Robert Bowes, to remonstrate with the Scottish king on the subject, to exhibit to him an abstract of the injuries sus- tained by the English, and to assure him, that the remote- ness of her borderers did not lessen her care for their pre- servation ; and if he did not use his authority, she would send such a force, as would afford protection to her subjects, and repress the insolence of the banditti who annoyed them. A protracted negotiation was the consequence, but it ended in the last treaty which it was ever necessary to sign between the two nations on such subjects. By it mutual pledges Treaty for were to be given, to ratify the conditions within a certain time, or the wardens were to enter themselves prisoners, the party failing to the party who fulfilled their obligation. Buc- cleugh, and sir Robert Keny having failed in delivering their pledges, were obliged to enter themselves prisoners in Ber- wick. Buccleugh entered first, and remained from October till February, when the pledges of his district being deliver- ed, he was restored to liberty. Sir Robert Kerr was de- livered up by lord Hume, and notwithstanding the strife and rivalry which had long existed between him and sir Robert Carey, he, with that romantic magnanimity, not uncommon among the chieftains of the border, put himself under his guardianship; nor was this proof of confidence misplaced, Carey returned it with generous hospitality, and their past enmity was succeeded by a sincere and lasting friendship. Kerr was not able to procure the speedy delivery of his pledges, and was ordered to be carried to York. Thither Carey conducted him, and intrusted his friend to the care of the archbishop. He was afterwards liberated, and returned to his charge, as warden of the eastern marches. An earth-

248 HISTORY OF SCOTLAND.

BOOK quake, which, in the month of July, shook the northern dis- *' tricts, was considered to portend internal commotions ; and 1597. the real calamities of the country were aggravated by the credulity of the people, who pictured to themselves yet more dreadful evils from the convulsions of nature, phenomena suf- ficiently alarming, without being prophetical.

XLVI. But this credulity was more perniciously exempli- fied in the belief of witchcraft, which was productive during this summer, of some very distressing consequences. A great number of unfortunate beings were apprehended, and tor- Prosecu- tured to force a confession. Among others, one Margaret

tionsfor . ?

witchcraft. Aiken was apprehended upon suspicion, and being threaten- ed with the rack, the poor wretch, in a fit of terror, con- fessed herself guilty. On being interrogated respecting her associates, she named several persons, and, in order to save her own life, promised to clear the whole country of that de- scription of criminals, as she knew, from particular marks, who held communication with his satanic majesty. Her de- claration being believed, she was for several months carried through different counties, and all she pointed out were ap- prehended. Numbers on her testimony were tried, and par ticularly in Glasgow, several innocent women were condemn- ed and put to death ; till some suspicions arising, her pre- tensions were put to the test. The same individuals whom she had denounced on one day, were brought to her on an- other in different dresses ; and when they were not recognis- ed by her, or were declared innocent, she was sent to Fife where she had been originally brought from. At her trial she confessed that every thing she had affirmed of herself or others was false ; and repeated this declaration at the stake to the horror of those who had been active in persecuting the unfortunates taken up on her accusation, and the king recalled the commission he had granted to proceed against them; all being ordered to be liberated, except such as emitted voluntary confessions, who were to be detained til the estates should determine the form of procedure against them.

XLVII. Towards the end of the year, [December 2d,] a A parlia- parliament was held, to reverse the sentence of forfeiture ment held. passed against the three earls, and restore them to their es-

JAMES VI. 219

tales and honours. At this meeting, the commissioners of BOOK the church presented a petition, requesting that the minis- ters might be allowed to sit and vote in the supreme council 1597> of the nation, as the third estate. It had been complained in former assemblies, that persons who were possessed of the temporalities of bishoprics and abbacies voted in parliament in name of the church, without any authority from them, and suggested that commissioners on their part might be ad- vantageously intrusted with powers to assist and vote on ec- clesiastical business in parliament; but the observations had been vague and indefinite, nor had any precise opinion been ever expressed by the church upon the subject; and so far from receiving any encouragement of late, the dread of inno- vation, and the suspicions entertained of the king, had pre- vented its being mentioned at all in the two last assemblies, nor had it been agitated in any of the inferior courts. Tak- ing advantage, however, of these previous surmises, the king, who knew any direct proposal to bring in episco- pacy, would have met with an unanimous and decisive op- position, chose this disguised method of introducing it ; to af- ford those who were not averse either to the state, or emolu- ment of a hierarchy, an excuse for giving their support to a Scheme for plan, from which, if it had been avowed, their pride, and re- |ntrod|lc- peated professions of adherence to the presbyterian form of pacy. church government, would have deterred them. The more consistent and discerning part of the ministers, immediately took the alarm, and endeavoured to influence the nobility against the proposal, their well founded terror of prelacy, overcoming every allurement of personal advantage which was held out to bribe their compliance; but the superior weight of the court, and the arguments and promises of the king prevailed, and an act was passed, ordaining, " That such pastors as his majesty should invest with the office of bishop, abbot, or other prelate, should have the same right to vote in parliament, as ecclesiastics had in former time ; and that all vacant bishoprics, or such as might become vacant, should be only given to actual preachers, or ministers, or to persons who were fit to fulfil, and would pledge themselves to perform the duties of the office." A qualifying clause was appended, to render the act palatable. The spiritual VOL. in. 2 K

250 HISTORY OF SCOTLAND.

•

BOOK power and jurisdiction of the bishops, was left to be consult- IV- ed and agreed upon by his highness and the general assem- bly. without prejudice in the meantime, to the jurisdiction and discipline of the church established by law.

XLVIJI. Still the commissioners were aware that it would be difficult to reconcile their brethren to this step ; and in cir- cular letters which they addressed to the presbyteries, by or- der of the king, appointing a meeting of the general assem- bly to be held at Dundee, they apologized for their conduct, as if they had only followed out the views of the church ; took credit to themselves for having overcome all the ob- stacles which stood in the way ; represented the act as a mean of rescuing the ministers from contempt and poverty; and con- cluded by informing them, that steps were taking to provide Opposed in sufficient stipends for the cures. When the measure came to

the inferior |je discussed in the inferior judicatories, those who used in

courts, 1111 • i

common to take the lead were neither unanimous nor satis- fied ; in the synod of Lothian the opposition prevailed, and in that of Fife it was violent and powerful. At a debate in the latter, Ferguson, the oldest minister, and the last of the primitive reformers, reminded them of the efforts the church had made to get rid of bishops, and remarking on the insi- dious manner in which it was attempted to restore what it had cost so much labour to destroy, he compared it to the craft of the Greeks at Troy ; who, unable to enter the city by force, had persuaded the Trojans with their own hands to pull down their walls, and receive as an honour what was intended for their destruction. He therefore warned them to reject the proffered boon, and advised them, as the pro- phetess did her countrymen, Equo ne credite Teucri. Da- vidson, who happened to be present, seconded his venerable friend, and representing the parliamentary commissioner as a bishop in disguise, concluded with this well known apo- thegm : — " Busk ! busk ! busk him as bonnilie as ye can, and fetch him in as fairlie as ye will, we can see him well eneuch, we see the horns of his mitre."

XLIX. Every little art was practised to ensure a majoiily

aua in the agreeable to the king at the ensuing assembly, and when it met, Melville who, — disregarding the regulations of the royal visitor at St. Andrews, — attended, was ordered by

JAMES VI. 251

the king to retire, first from the meeting, and afterward BOOK from the town ; but although the leader was dismissed, a _ considerable portion of his spirit remained ; and it was not 1598- till after the ministers had been a week assembled, that the principal object of their meeting was laid before them. It was introduced by a speech from his majesty, in which he enumerated the services he had done the church, in remov- ing controversy, establishing discipline, and in his endea- vours to restore her patrimony; to effect which, he said, it was necessary for ministers to have a vote in parliament. " I mind not," said he, " to bring in papistical or anglican bishops, but only to have the best and wisest of the ministry appointed by the general assembly to have place in council to deliberate on their own affairs, and not to stand always at the door like poor supplicants, despised and disregarded." When put to the vote, it was carried by a majority often, — Voted by " That it was necessary and expedient for the weal of the^fas church that the ministry, as the third estate of the realm, in name of the church, should have a vote in parliament" The number to be admitted was agreed to be fifty-one, the same as that which had power to sit under the papal hierarchy, and the choice of them to belong partly to the king and partly to the church ; but the name by which they were to be called, bishop or commissioner, the manner of choosing, the duration of their commission, for life or annually, their revenues, and the precautions njecessary for guarding against corruption, were referred to be first discussed in the inferior judicatoriesj then three commissioners from each of the provincial synods were to meet with the king and the doctors, or theological pro- fessors, whose decision, if unanimous, was to be final, if not, to be reported to the next general assembly.*

L. In the interval, the king held several meetings with the commissioners for considering the restrictions. The most interesting was in the palace of Holyroodhouse, where thej)ebatcof principal ministers from the different quarters of the country the minis-

convened by royal mandate. Here, instead of °™

as was wished, to discuss the points left for consideration, the primary question itself, whether it were lawful for ministers

• Spotswood, p. 451.

HISTORY OF SCOTLAND.

BOOK to have a seat in parliament, was brought under review.

Those who supported the affirmative argued that the gospel

1.598. does not destroy civil polity, and the ministry is a part of the body politic ; they therefore ought to be represented in parliament as well as any other description of persons in the state, to give their advice and consent to the passing of laws bv which they were to be governed; that ministers are not

Argument prohibited from discharging the relative duties of life, and to exclude them entirely from secular employments, which were no hindrance to their spiritual functions, was carrying the doctrine to a length as absurd as the papistical forbidding to marry ; that there was as much distraction, and as much time spent in commissions, in visiting churches, waiting on meetings for fixing stipends, and in presenting articles and petitions to the estates, as there would be in attending upon parliament ; that it was allowed ministers might wait upon his majesty, to give him advice in matters of state ; that the assembly had often craved that none should vote in parlia- ment for the church but such as had a commission from them, and that protestant bishops had sat in them since the reformation. They who opposed the measure contended : — That Christianity was distinct from civil polity ; that it might

H<rarTist mi- exist under a heathenish, Turkish, or any form of govern-

nisters sit- . * . .

ting in par. ment, for a seat in the high council of a land constituted lament. no part of t^e gOSpe| . tna£ jne ministry was no civil corpo- ration, nor was it recognised as a distinct body in the state, and as part of the body politic, ministers, like the rest of their fellow subjects, were represented by the commis- sioners of shires and burghs in parliament ; that they knew little about the weight or importance of the ministerial function, who thought the doe discharge of it compatible with the holding of any civil office, and quoted a saying of queen Elizabeth's, when she bestowed a bishopric : — " Alas ! we have marred a good preacher to-day ;" that occupa- tion in the necessary duties of life, was very different from being entangled in public civil offices, nor did presenting an occasional petition bear any analogy to a regular at- tendance in parliament; that visiting churches was a mi- nisterial duty, and if their time was spent in looking after their stipends, that was a matter of necessity, not of

JAMES VI. 253

choice. They allowed that the question had been agitated BOOK in the assemblies, but it was never found how it could stand _ with the office of a minister to be a lord in parliament. 1598. The worldly dominion, dignity, and titles which it imports, were found wholly irreconcilable to the injunctions of the gospel, and opposite to the declarations and example of Je- sus Christ, who professed that his kingdom was not of this world, rejected the offer of the Jews to make him a king, and refused to divide the inheritance among the brethren, or to judge the woman caught in adultery as a civil offence. When it was asked : — Who could vote for the church if not the ministers ? It was suggested that deacons, or elders, commissioned by the general assembly, and liable to render an account to them for their conduct, if any vote were ne- cessary— which was not granted — might be appointed ; but no assembly, before the last one, ever craved a seat in par- liament for the ministers ; and ever since the church had condemned episcopacy, 1580, she had objected to any eccle- siastical person being a member of the legislature. On the Whether discussion as to the time for which a member should sit, if 01 for life ? It was argued : — That no man would put himself to the trouble and expense of going to parliament, if his seat were only for one year ; that he could not in that time Acquire a knowledge of business, or experience fit to ma- nage the affairs of the church. To this it was replied : — That they were consulting at present for the good of the church and the commonwealth, and not for the convenience of individuals ; and that the general assembly was better able to manage the affairs of the church than a few commis- sioners, who, as had been experienced, were more likely to attend to themselves ; that persons, by being appointed for life, might gain more knowledge in the laws of men, but would know less of the law of God — they might be made better courtiers and politicians, but they would be worse ministers of the gospel ; their constant attention being directed to se- cular matters, they would become careless about their flocks, anxious for their personal aggrandisement, eager for wealth and pre-eminence, and in spite of caveats, would obtain su- periority over their brethren. They would become more ambitious to flatter the prince than to serve the church ;

251. HISTORY OF SCOTLAND.

BOOK and he, in reward for their services, would protect them • even when acting against her interest; and although for 1598. their misconduct they might merit deposition, he would preserve them, their lordships, and their livings. The meeting was then told : — That if they did not consent to the voters being appointed for life, they would lose the be- nefit. " The loss will be but small," answered Andrew Mel- ville, who was present as a doctor. " But then the minis- ters would be left to contempt and poverty." " It was their Master's lot before them," rejoined Melville, " and better poverty with sincerity, than promotion with corruption." The name of the voters was then considered, whether com- missioners or bishops ; the latter, it was said, was the Scrip- tural title, and as parliament had restored the title, it would be a pity to refuse the privilege, by startling at a name, a

Discussion thing indifferent Melville replied : — The name was Scrip- ' 'tural, but as they were to get an addition to their office, let them also get an addition to their name, and it too might be Scriptural, Peter calls such, AXXorg/o ET/JXOTO/, busy bishops. But seriously the name bishop was applied in the Scriptures to all ministers of the gospel; now, however, in common speech it had become the designation of corrupt officers in the church, as antichristian and anglican bishops ; and al- though the term in itself were indifferent, it had through abuse become evil, and was so intimately connected with the ideas of corruption and worldly pomp, that it was improper to be used. Night closed the debate, and next day, when it was renewed, an unlucky observation of Melville's, that the Scriptures had been pwofaned rather than gravely han- dled, was immediately taken home by his majesty, who very politely gave the speaker the lie. Melville replied : — He had included himself in the censure; but the king was

Meeting petted and broke up the conference, as he said he found ' up' some men so wedded to their own conceits, they would not listen to reason ; he would therefore refer the matter to the next general assembly, and if they refused the offer, let the blame of the poverty and contempt of the church fall upon themselves. As for himself, he should not want one of his estates, and he would fill it with such as would do their duty to him and to the country. During this year another prin-

JAMES VI. 255

cess was born, who was baptized with great pomp in the BOOK chapel royal of Holyrood, by David Lindsay, minister of ^

Leith'* 1598.

LI. Two objects entirely engrossed James' attention at this period — his succession to the throne ^f England, and his ascendency in the Scottish church. 1o accomplish the first, he sent embassies to the protestant princes of Ger- many, to explain his title to the English crown, and require assistance if any competitor should arise. In the meantime, 1599. he requested that they would send a joint embassage to James' Elizabeth, to request her to inform them who she intended measures for her successor. The princes readily enough offered their the Eng- assistance, but declined sending any embassy. He likewise "shtllrone

* The following is a copy of one of the royal invitation cards to this prin- cess's baptism feast, which appears to have been a pic me. " Right trusty friend we greet you well. Having appointed the baptism of our dearest daughter to be here at Halyrood house, upon Sunday, the fifteenth day of April next, in such honourable manner as that action craveth, we have therefore thought good right effectually to request and desire you to send us such offerings and presents against that day as is best then in season, and convenient for that action, as you regard our honour, and will merit our special thanks. So not doubting to find your greater willingness to pleasure us herein, since you are to be invit- ed to take part of your own good cheer ; we commit you to God. From Haly- rood house, this tenth day of February, 1598.

JAMES R."

Right trusty Friend, the Laird of Balfour, Bethune Elder."

The following epistle forms no bad companion to the abore : — " Letter from the earl of Pembroke to sir Edward Zouch, bears witness. Honest Ned I know you love your master dearly and his pleasures, which makes me put you in trust with this business, myself not being able to stay in the town so late. I pray you, therefore, as soon as it grows dark, fail not to send the close cart to Bassingborn for the speckled sow ye saw the king take such a liking unto this day, and let her be privately brought to the man of the wardrobe, by the same token, that I chid him for letting the other beasts go carelessly into the garden while it was day, and he will presently receive her into his charge. Some may think this a jest, but I assure you it is a matter of trust and confidence. So assuring myself of your secret and careful performance of it, I rest

Your affectionate friend,

PEMBROKE'4

• Aruot's Hist, of Edinb. book I. ch. ii. p. 6ft t Lord Hailes' Memorials, p. 50.

256 HISTORY or SCOTLAND.

BOOK instructed Bruce, the abbot of Kinloss, his minister at the court of England, to solicit Elizabeth to acknowledge his

1599. title by some public act ; but he could obtain from her no- thing except evasive or general answers.

LII. The private intrigues of this ambassador were more successful ; several of the nobility gave him the most unre- served assurances of their determination to support his His diffi. master's claim, in opposition to whatever pretender might es ' arise. But his greatest difficulty was in managing the Ro- man catholics, whom nothing less than a complete re-esta- blishment in all their former power would satisfy ; and who could only be brought to acquiesce in James' accession by the hope of seeing in him the restorer of the ancient faith. His anxiety to sooth them had produced a general suspicion of his being inclined to embrace their opinions, and a cir- cumstance which was discovered about this time, tended Mission to greatly to confirm this. James had sent a secret mission to t e pope, tne court of Rome ; and in a letter to Clement VII. promised that the catholics should be treated with greater indulgence ; and, in order that his holiness might not have his ear abused by false reports, he wished a resident at the papal court, who could inform him always of the truth, and for this pur- pose he recommended Drummond, bishop of Vaison, a Scot- tishman, for whom he asked the dignity of a cardinal's hat. This letter the master of Gray, who then resided in Italy, had procured a copy of, which he transmitted to Elizabeth, and she, having previously heard something of the corres- irritates pondence, immediately despatched Bowes into Scotland, to Lhzabeth. jnform James of the information she had received, and re- proach him with his dishonourable conduct. James, with the utmost confidence, denied all knowledge of any such let- ter, and affirmed the whole to be a contrivance of his ene- mies, to hurt his character with the protestants ; and his se- cretary, Elphingston, with equal vehemence, perhaps with equal veracity, asserted the same story. Afterward, how- ever, the fact became too patent to be denied, and the se cretary was under the necessity of saving his master's hon- our by compromising his own. Archbishop Beaton also was sent to France as ambassador from Scotland, and likewise

JAMES VI. 257

restored to the temporalities of the see of Glasgow ; another BOOK secret transaction which did not escape detection, by the vi- _ gilance of the ministers. 1599.

LIII. His publications too, were not calculated to inspire his subjects with confidence in the steadiness of his princi- ples. In his Basilicon Doron, or instructions to prince Hen- View of hk ry, he openly avows his hatred toward the instructions and from ^;8 writings of his venerable preceptor, and his enmity to the w«rks. memory of our great reformer. He not only warns his son against such " infamous invectives as Buchanan's or Knox's chronicles," but exhorts him, if any of these infamous libels remain until his day, to use the law upon the keepers there- of. " For in that point," says he, " I would have you a Py- thagorist, to think that the very spirits of these archi-bellowses of rebellion have made a transition in them that hoards their books, or maintains their opinions, punishing them even as if it were their authors risen again."* And he endeavours to excite the passions of the prince against the more zealous of the ministry, whom he stigmatizes as puritans. " Take heed, therefore, my son, to such puritans, very pests in the church and commonweal, whom no deserts can oblige, nei- ther oaths or promises bind ; breathing nothing but sedition or calumnies, aspiring without measure, railing without rea- son, and making their own imaginations, without any warrant of the word, the square of their conscience." " I protest be- fore the great God, and since I am here upon my testament, it is no place for me to lie, that ye shall never find, with any highland or border thieves, greater ingratitude, and more lies and perjuries, than with these phanatick spirits."f In his Trew Law of a Free Monarchy, which is evidently intended as an antidote to Buchanan's De Jure Regni ; he, without circumlocution, inculcates the principles of the purest despo- tism, and enforces on his people the most unlimited obedi- ence. " Even when a king, as described by Samuel, takes their sonnes for his horsemen, and some to run before his charet, to ear his ground, and to reape his haruest, and to make instruments of warre, and their daughters to make them apothecaries, and cooks, and bakers- nor though he

" King James1 Works, p. 176. f Ib. p. 160.

VOL. III. 2 L

258

UISTOKY OF SCOTLAND.

BOOK

1.599.

should take their fields and their vineyards, and their best olive trees, and give them to his servants, and take the tenth of their seed, and of their vineyards, and of their flocks, and give it to his servants, had they a right to murmur ; the king was only accountable to God, and the chiefs of the people had the example of Elias pointed out for their imi- tation, who, under the monstrous persecution and tyranny of Ahab, raised no rebellion, but did only 'flie to the wil- derness ; where for fault of sustentation he was fed by the corbies.' "*

LIV. It has been questioned whether theatrical represen- tations be calculated to promote the cause of virtue and good morals, and the arguments of their most strenuous support- ers have not yet been able to establish an affirmative. With the fathers of presbytery there was no question upon the subject. Common play-actors were esteemed a nuisance, and their habits and manners did not then tend to do away the stigma. Yet while straining every nerve to establish, as he professed, purity in the church, James procured a company He intro. of comedians from England, and licensed them to play with- The ministers, as guardians of public morals, could not pass over in silence their unruly and immodest be- haviour ; and as they did not think their performances likely to advance the religious improvement of the people, — an ob- ject with them of the most supereminent importance, — the sessions, by their advice, prohibited attendance at such places, under pain of church censures. The king, who con- ceived his dear prerogative in danger, and considered this order — which was in fact but such a regulation as every so- ciety had a right to impose upon its members — as destruc- tive of his license, called the session before the privy coun- cil, and ordered them to annul their act, nor restrain the people from their innocent amusements. The ministers were inclined to resist, but the other members of the session, afraid of a new contest with the king, yielded ; and next day proclamation was made for all the lieges who chose to attend the play.

LV. Busied as the king was with his future prospects and

duces co- • .1 medians to ln the burgh' Edin- burgh

* King Jnmes' Works, p. 198.

JAMES VJ. 259

his church business, his exchequer began to put him in mind BOOK that he had other concerns. His foreign embassies and ex- ^- traordinaries forced him to look to the administration of 1599. his revenues ; but such was the mismanagement since the Embarras- retreat of the Octavians, that the earl of Cassillis, who pur- yg «_

chased the office of treasurer, was so much annoyed with the multitude of precepts, and the demands for money, that he was glad to get rid of the post, after having expended forty thousand merks, all of which he lost. Lord Elphing- ston succeeded ; but the same system of heedless extrava- gance and consequent embarrassment continued till the king left Scotland.

i.vi. The borders still continued turbulent, but sir Robert Proceed- Carey, who with his friend sir Robert Kerr, were now war- dens, both cordially uniting, and neither affording protec- tion to the robbers of either kingdom, no very serious dis- turbance took place. The only incidents worth recording, were the destruction of a tribe of outlaws, and a polite in- terruption which Carey gave to the Scottish hunters, who he thought were using too much freedom in his district. The outlaws were a banditti of the name of Armstrong, who had taken possession of the wildest tracks on the western border, and committed grievous outrages, particularly on the adja- cent English district. Disowned by both kingdoms, the English warden, with permission of the king of Scots, de- termined to punish them. Learning that they had retired at his approach to an impervious forest to take shelter, he surrounded it with his horse, and entering with his foot sol- diers, took their chiefs prisoners, whom he carried to Eng- land, and exacted such conditions on the rest as secured tranquillity for some time. The Scottish gentlemen, who were pursuing the deer on his borders without permission, were by Carey's orders taken prisoners and brought to Wid- drington castle, where he then resided ; but after being hos- pitably entertained, were dismissed, on giving their word not to renew their sport without leave. Afterward they always obtained liberty of hunting when they asked, and Carey himself often joined the chase. The circumstance deserves notice merely as showing the milder spirit which the expect- ed union of the two kingdoms was beginning to spread among

260 H1STOKY OF SCOTLAND.

BOOK the border chieftains, with whom in former times such an IV* occurrence would have been the signal for rapine and blood- shed.

1600. LVII »phe year igoO commenced in Scotland by act of the Commence- f _ _ .

ment of the estates, on the 1st day or January, previously to which the

year chan- new year was reckOned from the 25th of March. The ge- neral assembly which was to decide the fate of presbytery, was announced by sound of trumpet at the cross of Edin- burgh. It met at Montrose as the most convenient place for

o •

the ministers of the north, who were considered by the king Proceed- ^s the most manageable. The attendance of members was ings of ge- fu\\^ ancj each side promised themselves the victory. The sembly. friends of the establishment reckoned upon the unanswerable force of their arguments, their opponents trusted to the more cogent influence of the crown. Both parties had used their utmost exertions, and as their numbers were nearly equal, the contest was looked forward to with all that keenness and anxiety which naturally arise when interests are nearly ba- lanced. Had the general question been put to the vote, it is difficult to say whether even the personal authority of the king, together with his previous management, would have been adequate to have carried the point ; but all intimation was stopped by a royal intimation that this had been already decided. On the vote, whether the parliamentary repre- sentatives should be elected annually or for life, it was carried for annual election by a majority of three, but this was after- wards altered so as to render the annual election a mere form. Regula- The final resolutions of this meeting were, that the general bishopsrsit. assembly should nominate six for every vacant benefice, out ting in par- of which number the king was to choose one, who was to

liament. , , . ,. . , ,, . .

take a seat in parliament under the name or commissioner ; but he who was thus chosen was to have no power to pro- pose in parliament, council, or convention, any thing in name of the church without their special instructions ; and was bound at every general assembly to give an account of the manner in which he had executed his trust, submit to their censure, and abide by their decision without appeal. He was to attend faithfully upon his own particular congregation in every point as a pastor, and submit to the trial or cen- sure of his own presbytery, as any other minister. In the

JAMES VI. 261

administration of discipline, collation of benefices, visitation, UOOK and other points of ecclesiastical government, he was neither to usurp or claim any power or jurisdiction above any of his 1600. brethren, under pain of deprivation ; and if deposed by the general assembly, synod, or presbytery, from his office in the ministry, he was to lose his vote in parliament, ipso facto. Under such restrictions were the first representatives of the Scottish church in parliament to be chosen; but as they were agreed to on the part of the king with no intention that they should ever stand in force, and merely to have matters peaceably ended, and the innovations introduced without noise, so they were broken the very first opportunity that presented itself; and the bishoprics of Ross, Caithness, and Violated Aberdeen were clandestinely filled by the king, and a select jj * ° number of such ministers as would agree to whatever he chose to propose, without any attention to the caveats.*

LVIII. James, during the whole time this question respect- ing the bishops was in agitation, toiled incessantly ; every other royal care was dismissed, as of inferior moment ; his cabinet and court were filled with ministers, his days were consumed in public disputation, and his nights in private His deter- conferences ; he was closeted with clergymen from sunset mination to till the gray dawn, and scarcely could his privy counsellors episcopacy. obtain an audience. This anxiety of James to procure the introduction of prelacy, did not proceed from any regard to it as a religious institution — and this the reader of Scottish history during his reign, and that of his son and grandson, must never forget — but from a pious love for despotism. He saw the ease with which the English clergy was manag- ed, from the dependance which that body had upon the king, as the head of the church ; that all hopes of prefer- ment lay in royal favour ; that advancement in the hier- archy must be sought by subserviency to the prince, and as there could be no bishop without the king, he concluded there could be no king without a bishop ; and he succeeded in fatally inculcating the lesson on his son, till he forced the English nation to try whether their affairs might not go on without either. It is a truth never to be lost sight of by a

* Spotswood, p. 4a3.

HISTORY OF SCOTLAND.

BOOK Scottishman, in reading the history of the Stuarts, that it IV- was the struggle for unlimited tyranny on the part of the

~77Z prince, and for freedom of conscience on the part of the people, which originated all the troubles ; and that civil li- berty in this country, is the child of religious freedom.

LIX. The king, having now obtained some respite from his ecclesiastical labours, retired to Falkland, to spend the vacation. While here enjoying himself in the amusement of hunting, his royal person became the object of a new conspiracy. At this distance of time, and without any ad- ditional information, it would be improper to endeavour rendering this inexplicable transaction more plain by con- jecture ; we must therefore transmit it as we have received it, only with this caution, that as our information is entirely

Cowrie derived from one side, — and that the side whose interest it

conspiracy. was to blacken the characters of the sufferers, we may be par- doned for not seeing clearly, either that the escape of the king was so miraculous, or the guilt of his host so transcend- ent as his majesty would have wished posterity to believe.

LX. The authors of this attempt, were John, earl of Gowrie, and Alexander Ruthven, his brother, the sons of that earl who was concerned in the Raid of Ruthven, and who was judicially murdered under the administration of

Narrative. Arran. They had been restored to their honours and estates by James, and although they had not figured much in pub- lic life, at one time appear to have engaged the personal re- gard of the king ; but they unfortunately enjoyed — what un- der weak princes is always a crime — the universal affection of the people. Their father's misfortunes had created an interest in their favour, which their courteous and liberal manners confirmed ; they were exemplary in their conduct, and esteemed religious by men themselves sincere ; they were adorned by all the accomplishments possessed by the nobility in that age, and had received a superior education, which was improved by travelling ; open, generous, and brave, they might have been objects of envy, but were not persons who would have been suspected as conspirators. Yet, that they did engage in a conspiracy is certain ; the following are the particulars. Early one morning, as the king was about to follow his sport in the park, Alexander

JAMES VI. 263

Ruthven accosted him, and informed him of his brother's BOOK having intercepted a person with a great quantity of foreign IV> gold, whom he suspected to be a Jesuit, and prayed the king to come with him, as he did not doubt but he would learn something of importance from his examination. James, unwilling to lose the chase, wished at first to send a com- mission to the magistrates of Perth, to examine the man ; but Ruthven strongly urging that he should go thither him- self, he promised to proceed as soon as the sport was over. After the death of the buck, the king, accompanied by the duke of Lennox, the earl of Mar, and a few attendants in their hunting dresses, set out for the earl's house. At a little distance from the town, Ruthven, whose behaviour during the whole time had been restless and perturbed, rode forward to inform his brother of the king's approach. The earl soon after, accompanied by a number of the citizens of Perth, met the king, and in a pensive and melancholy mood, conducted his majesty to his residence, apologizing for the want of preparation suitable to his dignity, by the honour being unexpected.* After the king had taken a slight re- past, and while his attendants were at dinner in another room, Alexander whispered in his ear, that it would now be a proper time to go and examine the stranger. On which he arose, and desiring sir Thomas Erskine to follow, went with him. He was led to the foot of a staircase, which when he had ascended, Ruthven turned, and told sir Thomas, his majesty did not wish his further attendance; then shutting the door, he led the king through a suite of rooms, the doors of which also he locked behind him, and at last brought him to a small apartment, where a man stood cased in armour, with a sword and dagger by his side. At sight of him the king, startled, asked if that was the person: " We have another business in hand," said Ruthven, seiz- ing the dagger from the man in armour, and pointing it to the king's breast, " remember how my father was treated, now you must answer for it, submit without resistance or noise, else this shall avenge him." The king expostulated with Ruthven ; " the deed," he said, " was done in my mi-

* Spotswood, p. 458.

264 HISTORY OF SCOTLAND.

BOOK nority, I never approved of it, and if my blood is now shed, IV- you cannot expect to escape." The man in armour stood 1600 all the while trembling, and Ruthven, whose mind had not been thoroughly made up to use force, or suddenly struck with the difficulty and danger of the attempt, hesitated, and after swearing the king to keep silence, he withdrew by a back passage, to consult with his brother. The attendants, who were impatient at the absence of the king, were told by one of Gowrie's servants that he had set out for Falkland, and they ran to take horse, the earl urging his servants to hasten their departure. While this bustle was going forward in the street, Alexander Ruthven returned to James, and, telling him there was now no remedy but he must die, made an effort to bind his hands. The king resisted, and in the struggle, dragged Ruthven toward a window, which looked into the street, and which he had persuaded the person who was with him to open while they were left alone together during Ruthven's absence, from which, perceiving the earl of Mar, he cried out with a wild and affrighted voice, Help ! earl of Mar, help ! Treason ! I am murdered ! Mar and Lennox, on this ran, with the greatest number of attendants, to the main entry, but found the doors fastened, and it was some time before they could force an entrance ; but sir John Ramsay, ascending the back passage, which led to the cham- ber where the king was, was in the room in an instant. The king and Ruthven were struggling when he entered, and James called out to him as soon as he saw him, to strike the traitor, which he did twice, and thrust him out of the room.

Alexander As he was descending the staircase, he was met by sir Thomas

T? V.

putt™*1 Erskine, and sir Hugh Herries, who asked him where the death. king was, and on receiving an ambiguous answer, killed him on the spot. During the scuffle, the man in armour had es- caped unobserved. Sir Thomas Erskine and Herries, were followed by one Wilson, a footman, who had only time to shut up the king in a closet, when the earl of Gowrie burst in with two swords, one in each hand, followed by seven well armed attendants, and threatened all with instant death; when some of them exclaiming, You have murdered the king, do you wish also to kill us ? Gowrie, struck with amazement, pointed his swords to the floor, and remained

JAMES VI. 265

stupified. Ramsay perceived his consternation, and before BOOK he could recover, pierced him through the heart. The ser- ^~ vants, seeing their master fall, ran, only Thomas Cranstoun, igoo. who was severely wounded, was detained prisoner. Erskine *;arl ?f and Herries received slight hurts in the scuffle. The noise killed, still continuing at the main door, when it was ascertained that it proceeded from Lennox, Mar, and their party, the king — who had ventured out of the closet, on hearing the danger was over — desired it to be opened ; and after receiv- ing their congratulations, he kneeled down in the middle, commanding them to kneel around, and " conceiving a prayer, gave thanks to God for his deliverance, and that the device of these wicked brothers was turned upon their own heads."

LXI. The rage of the people, who were ardently attached to the earl, their provost, on hearing the fate of the two brothers, was unbounded. They flew to arms, and sur- rounding the house, called for the earl, threatening to destroy it, and all within it, if he were not delivered up to them. Affects Of The king himself addressed them from the window, admit- this on the ted their magistrates, with a number of the citizens, and ex- plained to them all that had happened, and with no little difficulty, succeeded in pacifying the infuriated assemblage. Although the earl was killed, having been run through the body, no blood appeared. This circumstance, however, which might perhaps have ranked among the other inex- plicables in which the conspiracy is still involved, was ex- plained in the account published by the king : — a small parchment bag, full of magical characters, and words of en- chantment, was found in his pocket, and " while these were about him, the wound of which he died, bled not; but as soon as they were taken away, the blood gushed out in great abun- dance."* In the evening, the king returned to Falkland, hav- ing left the two dead bodies in charge of the magistrates of

• This constituted part of the narrative, which Robert Bruce was banished for not believing ! Amot more naturally accounts for the circumstance. Lord Gowrie had received the deep and mortal wound, by the thrust of a small sword, and he had not immediately bled externally, but on his clothes and his belt be- ing taken off, and the body being turned into different postures in the stripping, the blood had gushed out. Crim. Trials, p. 32. VOL. III. 2 M

£66 HISTORY OF SCOTLAND.

BOOK Perth. Diligent search was made among the earl's papers, lv> for any thing that might throw light on the conspiracy, or 1600. the number of the conspirators, but nothing could be found. Three of the earl's servants were executed for taking arms against the king, and aiding the conspiracy, but they all per- sisted in affirming, that they had no knowledge whatever of any plot, and had they known that the king's life was to be attacked, they would rather have shed their blood in defend- ing him, than have been guilty of the smallest disrespect to- wards him. The important personage who had been con- cealed in the chamber, who, it was imagined, could make great discoveries, was in vain sought for ; the agitation of the king had been so extreme, that he gave a wrong descrip- tion of his appearance, and Younger, the earl's secretary, coming from Dundee to clear himself from the imputation, was unluckily killed by mistake. At last Andrew Hender- son, the chamberlain, upon a promise of his life, confessed that he was the man, but for what purpose he had been placed there he did not know. No clue could be obtained to unriddle the object of the conspiracy, nor was it known whether any other than Gowrie and his brother were ac- quainted with or concerned in the plot.

LXH. No reason could be assigned for this dark and des- perate treason on the part of Gowrie ; the king had restored him the estates of his father, and as if to atone for the in- justice done the family, had made Alexander a gentleman of his bedchamber, and procured the marriage of their sister to the duke of Lennox ; and besides being unimpeachable in his conduct, he had no suspicious connexion with any party in the state; he had declared in warm terms his gratitude to the king for his kindness, nor was there any reason to sus- pect him of hypocrisy. His abilities and his profession made him be looked upon as a young nobleman from whom his country might expect much ; and in these troublous times, so big with portent to religion and liberty, he was fondly con- sidered as one peculiarly fitted to be her hope and stay in the hour of danger. Whether it was most natural for such a nobleman to attempt the assassination of the king, or whe- ther it was more likely for the king to wish to get rid of such a nobleman ? were queries to which so mysterious an

JAMES VI. 267

affair could not fail to give rise ; and as the king's character BOOK did not stand very high for truth or honour, the nation was _ apt to draw the most unfavourable conclusions ; and to this 160°- day the fact of a conspiracy had remained doubtful, but for an incident which occurred nine years after, and which I shall here relate, in order to give a complete view of the whole business.

LXIII. A notary in Eyemouth, whose name was Sprot, had mentioned some particulars that implied a personal

knowledge of the crime. These rumours, getting into cir- Disclosure

3 . respecting

culation, reached the privy council, ana they, deeming the the conspi-

matter worthy of their attention, ordered Sprot to be ap- "^ prehended in the month of April 1608. When examined before the council and by torture, he persisted for about two months in denying the fact, or in contradictory state- ments, to which no credit was given. At last he confessed that Logan of Restalrig, a gentleman of large fortune, but dissolute morals, was concerned in the conspiracy with Gow- rie, and a correspondence had been carried on between them by means of Bour, a confidential servant of Logan's, who inadvertently communicated the secret to him, and had shown him some of the letters from the conspirators, two of which he had purloined, one from Gowrie, and another from Logan, which the earl had returned after having read. Sprot was tried, and convicted upon his own confession, and Sprot hanged the same day he was convicted, lest he should re- ange tract. He, however, persevered, and having promised to give the spectators a sign of the truth of his deposition, he thrice clapped his hands after the executioner had thrown him over.

LXIV. Logan and his son were both dead ; the two noble brothers, Ruthven, had suffered all that the law could in- flict, and there remained only the innocent offspring of Lo- gan who could suffer — The act which authorized the trial of a deceased traitor's memory, or the forfeiture of his estate, limited the time to five years after his death, and expressly declared that his treason should have been no- torious during his life; neither of these requisitions were ob- served in the trial of Logan ; the strict form, indeed, was kept in the most odious and disgustin*1 part of the letter, by

268 HISTORY OF SCOTLAND.

BOOK digging up the mouldering bones of the accused, and pro- IV> ducing them at the bar; but both the laws of humanity, and

tunate notary in a hurry, because they did not believe he was to the truth

of 8 rot's conspiracy for which the king's credit was pledged. Spots- statement, wood, who sat upon his trial as one of the assessors to the justice-general, was uncertain whether or not he should men- tion in his history the arraignment and execution of Sprot. " His confession, though voluntary and constant, carrying small probability, it seemed a very fiction and a mere in- vention of the man's own brain ; for neither did he show the letter, nor could any wise man think that Gowrie, who went about that treason so secretly, would have communicated the matter with such a man as this Restalrig was known to be ;" but the letters, which were five in number, were after- ward discovered among Sprot's papers, and produced before the privy council, where two were compared with papers of Logan's handwriting, and from their similarity, sworn to as Logan's, by persons well qualified to judge of their authen- ticity. The letters, however, although conclusive as to the fact of the conspiracy, afford no certainty as to its nature, but they plainly enough show that the death of the king was Specula- not tne ODJectj and the supposition of our latest historians is tions re- perhaps the most accurate : — That the scheme was limited the coivspi- entirely to obtain possession of the king's person, and gain the racy. whole direction of the government; and that had it succeeded,

it would have been a counterpart to the Raid of Ruthven. Yet even this solution is liable to objection, from the circumstance of none of the nobility in Scotland being party to the plot; and the impossibility of Gowrie, without some very effectual as-

1600. the law of the land, were outraged by the sentence, which de- "oceed6 clared his posterity infamous, and escheated his estate ; nor ingsagainst was the sentence unanimous, till the urgent entreaties of Rettalrig. Dunbar induced the lords of the articles to signify their as- sent with " tears of joy," to a verdict which was to wipe away every imputation from the character of the king, but which still left the subject of the treason involved in obscurity. The letters which Sprot had mentioned in his confession were not produced upon his trial ; the judges appear to have doubt- ed the truth of his tale, and seem to have hanged the unfor-

Doubts as guilty, and were afraid of losing his evidence in support of a

JAMES VI. 269

sistance, being able to retain possession of the king long BOOK against his inclination.

LXV. Accounts of this transaction were speedily transmitted 1600. to Edinburgh, and the council, without waiting for particu- lars, summoned the ministers, and commanded them instant- ly to assemble the people, and return God public thanks for the king's preservation from this vile and horrible treason. When the deliberate and matured accounts of this conspiracy contain a number of extravagant and improbable circum- stances, the first rumours cannot be supposed to have been very consistent ; and when the king and some of the prin- cipal evidence did not agree in their details, after they had time for reflection, it may easily be imagined that an express sent off under the agitation of the moment, might neither be remarkably clear nor convincing, either as to the magnitude or the reality of the danger. The ministers viewed the whole Ministers story with a very doubting and suspicious eye, and refusing refuse to to be made the vehicles of conveying to the people, under thanks for

semblance of a solemn address to God, the impression of a

delivery*

deliverance in the truth of which they did not believe , they offered to give thanks for the king's safety, but declined do- ing more. " For nothing," they said, " ought to be deli- iivered from the pulpit but what was known and believed by the minister to be truth." As nothing could move them from this determination, the council proceeded to the Cross in a body, and the bishop of Ross, who was found more compli- ant, addressed a narrative of the king's danger and deliver- ance to the crowd, and offered up public thanksgiving.

LXVI. Next Monday the king came to Edinburgh, and, accompanied by a considerable train of noblemen and gentry, went to the Cross, where Patrick Galloway, the minister ofjj;sown his own chapel, delivered a sermon, in the course of which account of he gave a full account of the conspiracy. The day after his SpjraCy. majesty, in a council held in the palace, set apart one thou- sand pounds of the yearly rent of Scoone, to be distributed among the poor annually, as a memorial for ever of his gra- titude for this special interposition of providence ; an order was at the same time issued for public and solemn thanks- giving, to be offered up in all the churches in the kingdom on the last Tuesday of September, and the Sabbath follow-

270 HISTOUV OF SCOTLAND.

BOOK ing. Yet still the ministers of Edinburgh, and many of W' their brethren, continued incredulous ; and the more anxious 1600. the king was to enforce belief, the more extensively did he Not gene- increase suspicion. Stronger arguments were then resorted d7ted.Cr to- All who would not give their assent to the royal state- ment, were commanded to remove from Edinburgh within forty-eight hours, and prohibited from preaching within his Measures majesty's dominions under pain of death. Against this mode for enforc- Qp reasoning it is difficult to contend, it sometimes biases

HifiT the D6~

lief of it. very strong minds ; and the ministers of Edinburgh, all but Robert Bruce, were induced to declare themselves satisfied of the reality of a treasonable attempt having been made upon the king ; but their unbelief was only forgiven upon condition of their declaring in certain churches their persua- sion of the truth of the treason, begging pardon publicly of God and of the king for having ever doubted, and seriously rebuking all such as still hesitated to believe. Bruce, with a firm unbending courage worthy of the name, refused to compromise his integrity. All that the threatenings, argu- ments, or promises of the court could induce him to say, was that, " He would reverence the king's account of the accident, but could not say he was persuaded of its truth." Instead of producing evidence which would have silenced every objection, or yielding in the least to conscientious

Bruce ba- scruples, James was determined that Bruce, whether he be-

nished for \\Qve^ jt or not should declare that he did. " Will cannot

not behev-

ing it. be restrained," replied Bruce in one of his conversations

with the king, " I might lie unto you with my mouth, but I cannot trust without evidence." " Then I see you will not believe me," said James. Bruce, who could not say that he would, was banished to France.

LXVII. Parliament, less scrupulous than the ministers, pro- ceeded immediately to forfeit the inheritance of Gowrie, and inflict on the inanimate bodies all the contumely awarded traitors. The carcasses of the two brothers were produced in court, an indictment preferred against them, witnesses Bodies of examined, and all the routine of a legal trial gone through:

Gowne and ,

his brother tney were sentenced, carried to the cross, hung upon a gib- hanged, Det> quartered, and the ghastly heads affixed on the tol- booth ; the very name itself was abolished ; and to hand

JAMES VI. 271

down to all future ages the memory of the most wonderful BOOK

escape, it was ordained that the fifth day of August should '_

ke kept yearly in all times and ages to come, by all subjects 160°* of the realm of Scotland, as a perpetual monument of their most humble, hearty, and unfeigned thanks to God, for this miraculous and extraordinary deliverance from the hor- rible and detestable parricide, attempted against his majes- ty's most noble person.* In this parliament four ministers voted as bishops.

LXVIII. As the prospect of James' mounting the English throne drew nearer, his connexion with the courtiers of Elizabeth grew closer, and he became deeply interested in the intrigues of her cabinet. But in his intercouse with the parties into which her ministers and favourites split, James' timid, temporizing policy, was perhaps of some service, as it led him to flatter the hopes of each, while he committed himself to none. For some time two rivals, of very different character, had aimed at superiority — the earl of Essex, and sir Robert Cecil, son of lord treasurer Burleigh ; the one an open, brave, high spirited nobleman ; the other an assi- duous, able, and insinuating courtier. In their struggles for 1601. power, Essex attached himself to the king of Scots, Cecil cultivated the favour of his mistress; and while the first sought to attain his end by his impetuosity, the latter gained his object by his patient prudence. The means by which the crafty secretary obtained the advantage over the more unguarded soldier, belongs to English history; but when Essex driven to despair, the latter attempted to regain by violence ^"[^es an ascendancy in the government, he endeavoured to link Elizabeth, his fortune with that of the Scottish monarch. Previously to his breaking out into open insurrection against his sove- reign, he had written to James, informing him of some sur- mises, respecting an attempt to be made in favour of the Spanish infanta's claims to the crown of England, and urg- ing him to take arms and assert his right; but James wisely refused to hazard a certain succession by a premature at- tempt, and although he encouraged the correspondence of the earl, he did not approve of any of his rash proposals.

Calderwood, p 446. Robertson. Lairig. Spotswood.

212 HISTOKY OF SCOTLAND.

BOOK Disappointed in obtaining the concurrence of the Scottish

1V' king, he, with a few followers, attempted to force his way

1601. into the presence of his sovereign, and dictate to her the

choice of her advisers ; but he had miscalculated upon his

He is exe- strength, and failing in his enterprise, atoned for his rash-

cuted. negs on tne scaffold.

LXIX. James, as soon as he heard of the apprehension of Essex, sent off the earl of Mar, and Bruce, abbot of Kin- loss, as ambassadors extraordinary to England, with instruc- tions to intercede in behalf of Essex ; but before they reach- ed London, that unfortunate nobleman had perished by the hands of the executioner, and the Scottish ambassadors, finding they came too late to save the earl, congratulated the queen on her happy escape from such an audacious conspiracy. Elizabeth, although she was not unacquainted with the king's correspondence with Essex, received the congratulations of the legation with great apparent cordiali- ty, and added two thousand per annum to the pension she allowed James, as a mark of her increasing esteem. The ambassadors remained for some time in England, and in Th E private confirmed the inclinations of the English nobility, lish nobi. who, now, as Elizabeth's days began to draw towards a vate James' c^ose» turnec^ their eyes towards the rising sun, and offered favour. him assurances of their attachment and support. Cecil too, about this time, made advances towards them, and opened a cautious correspondence with the king of Scots, who had now the pleasure of seeing all the obstacles which had threat- ened to interrupt his ascent to the British throne daily van- ishing, and a general feeling in his favour, smoothing his way to the long and ardently wished for succession.

Lxx. Amid this exhilarating prospect, the only dark spots arose from the Roman catholics, whom James had so un- wisely courted. The pope, who was also anxiously looking for the decease of Elizabeth, sent briefs to England, warn- ing all who professed the Romish faith, to acknowledge no man as king after the queen's death, whatever his right by blood, unless he should swear to promote the catholic, Ro- man religion, to the utmost of his power ; and Hamilton and Hay, two active intriguing Jesuits, arrived about the same time in Scotland, to disseminate similar sentiments,

JAMES VI. 273

and continued for years to find countenance and protection BOOK in the north. A temporary chagrin at this conduct, and a IV> sense of the dissatisfaction which his Scottish subjects felt '°2* at the treatment of the ministers of Edinburgh, on account of the Gowrie case, — many of whom sympathized both with their incredulity and sufferings, — appear to have awakened in the king's bosom a glow of affection towards the simpler, but more friendly and honest institutions of his native land. At a meeting of the general assembly, which was held at He avows Burntisland, after the ministers had been deliberating on ductTtoThe the causes which had produced a defection from the purity, general as- zeal, and practice of the true religion in all the states of the se country, and on the remedies for these evils, the king rose, and with tears confessed his offences and mismanagement in the government of the kingdom ; and lifting up his hand, he vowed in the presence of God and of the assembly, that he would, by the grace of God, live and die in the religion presently professed in the realm of Scotland ; defend it against its adversaries, minister justice faithfully to his sub- jects, discountenance those who attempted to hinder him in this good work, reform whatever was amiss in his per- son or family, and perform all the duties of a good and Christian king better than he had hitherto performed them. The members, at his request, pledged themselves for the discharge of their duty ; and this mutual vow was next Sab- bath published from the pulpits as a proof of the sincere harmony subsisting between the king and the church.*

LXXI. About the same time a plan was projected for civiliz- plan for ing the Western Islands. These islands remained in a state cmlizmg

the Hi!-

little removed from barbarism, under a merely nominal brides, subjection to the crown of Scotland. The conflicts of the clans were carried on there with circumstances of horrid cruelty, without regard to the mandates of a power whose feeble arm could not reach them; and the king, who " thought no other of them all than as wolves and wild

O

boares," considering them a race incapable of culture in their native soil, and whom it would be necessary to trans- plant to a more favourable situation to learn civilization,

* Calderwood, p. 456. M'Crie's Life of Melville, vol ii. pp. 174--5. vol.. ill. 2 N

27 'i

HISTORY OF SCOTLAND.

1602.

BOOK concurred in the measures for this purpose. A number of IV- gentlemen, chiefly belonging to Fife, either suggested or seconded the plan of removing the inhabitants to the con- tinent, and supplying their place with more industrious lowlanders ; and having obtained a charter from his ma- jesty, confirmed by parliament, they undertook to plant colonies in Lewis. They were induced to do this from the account they had received of the fertility of the island, and the distracted state of the inhabitants, owing to a dispute about the succession of the chieftain. Rory M'Leod, the old chief, had married a daughter of M'Kenzie's of Kin- tail, by whom he had a son named Connal ; but divorcing her, he declared her son illegitimate, and married a sister of the chief M'Lean, by whom he had two sons, Torquil Dhu and Norman; besides these he had three children, Niel, Rory, and Murdo, by other women. On his death, Torquil Dhu seized the island, and was acknowledged by the inhabitants as lawful heir; and Connal retiring to his mother's kindred, besought their assistance to conquer his rightful inheritance. But as Torquil was the favourite of the clan, it would have been dangerous, if not desperate, to attempt attacking him openly. He was therefore enticed on board a Dutch vessel, which some of Connal's friends had piratically seized ; and while waiting, as he supposed, for a banquet, was made prisoner along with all his attendants, carried to the peninsula of Kiutail and treacherously put to death. On this the bastard brothers, Niel and Murdo, de- clared for Norman, and took possession of the island in his name; and Connal seeing no hopes of establishing himself, surrendered his right to M'Kenzie, lord Kintail. At this juncture the colonists arrived in Loch Stornoway. On their landing they were opposed by the M'Leods, but soon dis- persed them, and commenced building a village near where the town of Stornoway now stands. Learmont of Balcolmy having seen the operations commenced, embarked on board one of the largest vessels to return to Scotland for stores ; but while his vessel lay becalmed, and suspecting nothing, he was suddenly attacked by a fleet of Birlings * under

* Small boat? peculiar to these islnnds.

JAMES VI. 275

Murdo, boarded, and all in the ship killed except himself, BOOK who was taken prisoner, and detained till ransomed by his

friends. The remaining settlers had detached Niel, who, 1602. enraged at receiving none of the plunder from Murdo, was induced to betray his brother. Having taken him with twelve of his retainers, he delivered him into the hands of the colo- nists, and beheaded the others upon the spot. Murdo was sent to St. Andrews, where he was tried and hanged. The colonists now thinking themselves secure, made a partition of the lands, and forced the natives to swear allegiance ; The nolo- but while they were proceeding quietly with their settle- nis£s **• ment, they were unexpectedly attacked by Norman M'Leod, the natives their buildings plundered and set on fire, and themselves forced to make a formal resignation to him of all their pre- tended right to the island ; to engage to procure for him a free pardon from the king for all their past conduct; and to leave as hostages sir James Spence and Thomas Monypeny of Kinkell, till the conditions were faithfully fulfilled. Sir James Anstruther was then allowed to depart with the wretched survivors, and obtaining from the king the pro- The nan mised pardon, the hostages were delivered up. Thus the ™lm>lul8"- whole attempt was rendered abortive.

LXXII. What might have been the success of this plan had the colony been established, it is needless to conjecture ; but it must have been expensive and slow, and attended with much bloodshed.* On this account, perhaps, the failure is scarcely to be regretted*; but it is impossible not to lament that the attention of the church of Scotland should have been diverted by vexatious disputes, from the more peaceful plans Observa- which they had formed for civilizing the natives, by again tlon8' enlightening them by the introduction of knowledge into these isles, whence the first rays of Christianity had beamed on the regions of the north. In the year 1597, the general assembly had under their consideration the condition of the highlands and islands of Scotland ; and if any judgment may be formed from the report of those of their number who visited the north, or if any similar disposition existed in the Hebrides, they might have been brought within the pale of

Spotswood, p. 463. Conflicts of the clans.

?70 HISTORY OF SCOTLAND.

BOOK the community, and rendered quiet and useful subjects, with IV- little expense to the state. The chief of the clan M'Intosh,

ness.

1602. offered to support what ministers might be sent to instruct his vassals. " Get me men," said he, " and I will give you surety, both for the safety of their persons, and the payment of their stipends ;" and a general desire for instruction was represented as pervading all the population.* If James sug- gested the project for civilizing the Hebrides, he seems to have given up both the highlands and borders in despair, re- serving their amelioration till armed with the power of Eng- land ; a period which was now fast approaching. Elizabeth's Lxxni. Elizabeth, who, during her long reign had enjoy- ed an almost uninterrupted state of good health, began, dur- ing the winter, to exhibit symptoms of approaching dissolu- tion. Her appetite failed, she could not sleep, and a settled dejection took possession of her mind ; she courted solitude, and shunned company, sat constantly in the dark, and was often in tears. Various reasons were assigned for her me- lancholy ; but what now has obtained most credit is, that some incidents occurred which discovered the malice of Es- sex's enemies, and the arts by which she had been induced to sign the death warrant of a man she tenderly loved. When Essex stood highest in her favour, he hinted, in one of their fond interviews, the possibility of losing her affection through the insidious arts of rivals in his absence ; when she, pulling a ring from her finger, gave it him as a pledge of her con- stancy, and assured him, into whatever misconduct he might be betrayed, or however misrepresentation might prejudice her against him, that ring would procure him a favourable hearing, and recall her kindness whenever it was presented. After his condemnation he resolved to try the efficacy of this gift ; but by mistake it was intrusted to the countess of Southampton to deliver, and her husband, who was one of Essex's most implacable enemies, prevailed on her to keep back the important message. She did so, and Elizabeth, disappointed in this last appeal, — which she attributed to his obstinacy, — in a moment of irritated pride, was persuaded to consent to the death of a person, who, she thought, dis-

* James Melville's Diary, quoted by Dr. M'Crie, Life of Melville, vol. ii. p. 1 77

JAMES VI.

277

dained to ask for mercy. Struck with remorse, the countess BOOK on her deathbed begged an interview with the queen, and, ^' entreating her forgiveness, discovered the fatal secret. Eliza- 1603. beth, in an agony shook the dying countess in her bed, ex- claiming, " God might pardon her, but she never could." From this date, she resigned herself entirely to the melan- choly suggestions of hopeless regret. She refused food and sustenance, nor could she be persuaded either to go to bed, or take medicine. Her deep sighs and groans declared the pangs of an incurable sorrow which she could not conceal, but was unwilling to communicate. The anguish of her mind soon preyed upon her body, and the issue of this in- ward torture appeared neither distant nor doubtful. Her council having assembled, sent a deputation to know her in- tention as to her successor, to whom she answered, that her throne had been the throne of kings, and she would have no mean person to sit upon it; and on Cecil requesting her to be more explicit, she asked, who could she mean but her nearest relative, the king of Scots ? Being then admonished by the archbishop of Canterbury, to fix her thoughts upon Sod, she replied that she did so, nor did her mind wander in the least from him. Soon after, she sunk into a kind of dumber, from which she never awoke. She died in the Her death, seventieth year of her age, and in the forty-fifth of her reign, james pro. on the 24th day of March, 1603; and on the same day, thecl.aimed king of Scots was proclaimed at Whitehall, and at the cross England. in Cheapside, king of England.

LXXIV. As a queen, Elizabeth's long and successful reign, justifies the encomiums which historians have paid to her prudence and wisdom. The vigour of her administration, and the propriety with which she chose her counsellors, her dignified deportment, and independent frugality, the respect which England commanded abroad, and the increasing pro- sperity enjoyed at home, claim, and have received their just meed of praise. Her policy towards Scotland was of a more Her char, doubtful character; nor can her attention to preserve a ba-acten lance between the rival factions in that unhappy country, and the consequent bloodshed of which this equipoise was the occasion, be mentioned without censure. Her treatment of Mary was inhospitable, unjust, ungenerous, and inhuman.

278 HISTORY OF SCOTLAND.

BOOK LXXV. Sir Robert Carey, lord Hunsdon's youngest son, W' brought the first intelligence of the queen of England's 1603. death to James. After being five years warden of the middle march, he paid a visit to court in the last winter of the queen's life, and perceiving her declining health, form- ed the resolution of being the first messenger of the tidings. He set out from London on the day she died, and travelling Hisbeha- without intermission, arrived in Edinburgh on Saturday viourpn t njghf iust as the king had gone to bed. He was imme-

rcceiving o ' J .

the intelli- diately admitted to his majesty ; and kneeling by his bed- gence. s^e^ jnforme(j njm of Elizabeth's death, and was the first person in his dominions, who had the honour of saluting him king of England, Scotland, France, and Ireland. He confirmed his despatches, by presenting his new sovereign with a ring, that his sister, lady Scroop, had taken from the finger of the deceased queen. James received the news of his elevation with a composure, which his prepara- tory expectation enabled him, without much exertion, to preserve; but as Carey was only a private messenger, he did not make it public, till the arrival of a regular notifica- tion.

LXXVI. All England was prepared for the accession of the Scottish king ; and their sorrow at the loss of their queen was swallowed up in the high expectations they formed of their new monarch. The privy council, as soon as they possibly could, despatched sir Charles Percy, brother to the earl of Northumberland, and Thomas Somerset, earl of Worcester's son, with a letter to the Scottish king, signed by all the peers and privy counsellors then in London, con- taining an official account of the queen's death, and of the joy which the proclamation of his accession had occasioned in London. They arrived three days after Carey, and the He pre, king's titles were then solemnly proclaimed. James imme- fe^veScot- diately prepared to take possession of his new kingdom; he land. intrusted the government of Scotland to the privy council, and the care of his children to several noblemen; the prince to the earl of Mar, Charles, duke of Albany, to the presi- dent of the session, and Elizabeth to the earl of Linlithgow, and appointed the queen to follow in about a month. On the Sabbath following, he attended in the church of St.

JAMES VI. 279

Giles, where a sermon was delivered by Mr. John Hall, in BOOK

• TV

which he recounted the numerous mercies his majesty had received ; and as none of the smallest, he noticed his peace- 16034 able succession to the crown of England, evidently the work of God's own hand, who had directed the hearts of so nu- merous a people to exhibit such unanimity in his righteous cause; and therefore exhorted him to thankfulness, and a steadfast adherence to maintain God's truth. After sermon, His vale- the king rose, and addressed the congregation in a long va- dietary ow* ledictory oration, made many professions of unalterable af- fection for his people, and promised frequently to revisit them, — once in the three years at least, — to take an account personally of the proper execution of justice among them, to gratify them with a sight of his royal person, and af- ford them an opportunity, from the meanest to the highest, of pouring their complaints into his paternal bosom ; and even when absent, he would never forget he was their na- tive prince ; assured them he would not change their eccle- siastical polity, and promised, as God had promoted him to greater power, so he would use it, in endeavouring to re- move corruption.

LXXVII. At such a time, amid the exultation of all ranks on his great fortune, it was expected that the king would have passed a general act of oblivion, and forgotten for ever the offences which had occurred during his encroachments on the church ; but he carried his animosities with him, and left not one token of forgiveness behind him. Robert Bruce, after the Scottish parliament had found Gowrie guilty of the treason, declared his willingness to acquiesce in their sentence, and had been allowed to return to his native country, but not restored to his office. By the advice of his friends, he now came to Edinburgh, and by the king's own invitation, had an interview with him, yet he obtain- ed no mitigation of his sentence. Andrew Melville was left in ward at St. Andrews, and John Davidson in Edin- burgh.

LXXVII i. On Tuesday, the 5th of April, he set out on his Sets^out on journey, accompanied by the duke of Lennox, the earls of ney.J°U Mar, Moray, Argyle, and a number of other noblemen, the bishops of Ross, Dunkeld, and several of the ministers.

280 HISTORY OF SCOTLAND.

BOOK besides many barons, and gentlemen of inferior rank. At *v' Haddington he was met by a deputation from the synod of 160?. Lothian, to whom he renewed his assertions, that he did not intend to make any further innovations in the church, and desired them to tell their brethren, that it was his anxious desire to promote peace, and he hoped they would live toge- ther in unity. On the first day he lodged at Dunglas, the house of lord Hume, and next day, his train swelling as he went along, proceeded towards Berwick. On the boundary His recep- ne wag recejveci by the marshal, sir John Carey, accompanied wick. by the garrison, who saluted him with several vollies of mus- quetry, which were answered by the cannon on the walls, while the shouts of an immense multitude, mingled with, and almost equalled the thundering welcome. As the king en- tered the gates, the keys of the town were delivered to him by William Selby, the gentleman porter, whom he knighted on the occasion. He was received at the market-place by the mayor, who presented him with the town's charter, and a purse of gold. From the market-place he went to the church, to give God thanks for granting him a peaceable en- trance into his new kingdom. Next day he visited the for- tifications, port, and magazines, and reviewed the military. While here he was called upon to exercise his authority, in- teU'gence being brought of some serious disturbances, creat- outrageson ed by a formidable banditti, about three hundred strong, in tne western marches, who extended their ravages as far as Penrith. To repress these outrages, he despatched sir Wil- liam Selby, with two hundred foot, and fifty horse of the gar- rison, empowering him to require assistance from all the troops on his line of march, English and Scottish ; by which means, Selby soon found himself at the head of a formidable force, at whose approach the plunderers fled, and the chiefs being taken, were sent to Carlisle, and executed.

LXXIX. During the rest of the king's progress, all ranks vied in their demonstrations of joy, and the nobility of the counties through which he passed, entertained him with the most splendid magnificence. From Berwick to London occu- pied a month ; and on his arrival in the capital, so delighted had he been with the reception on the road, that he compared it to a continued hunting excursion. On the 7th of May he

JAMES VT. 281

entered the metropolis amid the acclamations of immense mul- BOOK titudes. Thus were the two rival nations, whose deadly quarrels had so long deluged the island with blood, united 1603. under one monarch. Yet was not the union accompanied immediately by those advantages, which at first sight, and to a superficial view, it seemed so well adapted to promote. It had been confidently anticipated that the subjects of one monarch would forget all mutual animosity ; and the king himself was highly charmed with a quibble he delighted to repeat, that his accession had turned the borders of hostile nations, into the heart of one loving people.

LXXX. Inhabiting the same island, sprung from a kindred root, and speaking a similar language, it did not appear be- ing too sanguine, to reckon upon a speedy and cordial coa- lescence between the English and Scots ; especially as dur- Reflections, ing the whole reign of Elizabeth, there had been constant peace between the two countries, and both, during the last years of her life, had looked forward to the event with ex- pectation ; while a concurrence of fortunate circumstances had smoothed the way to its accomplishment, without any of those irritating incidents which frequently attend less im- portant transfers of property or power. Yet, by a little at- tention to the relative situation of the countries, it will be easily perceived, that there were a sufficient number of op- posing points, to render it a matter of no surprise, that a century should elapse, ere the component parts of this ho- mogeneous mass should amalgamate into one solid indestruc- tible body.

LXXXI. Inured to rapine and licentiousness, the spirit of the borderers could not at once be suppressed, or their habits altered ; and having been more accustomed to observe the movements of their neighbours than consult the regulations of their rulers, they were inclined in general to disturbance, by rapacity of disposition or mutual provocation, without re- ference to the friendship or hostility of the two governments. Time, therefore, was requisite to introduce a sense of com- mon honesty among men who were wont to consider force as right ; to habituate them to a regular distribution of justice, and reconcile them to the pursuits of honest in- dustry. Nor are the antipathies which spring up among

VOL. in. 2 o

282 HISTORY OF SCOTLAND.

BOOK nations, who for centuries have been in use to consider IV- themselves as natural enemies, which are incorporated with 1603. the education, and handed down in the sports of the child- ren, easily eradicated from the minds even of the well in- formed part of the community, nor are they at once to be rooted out by the mere accident of being united under one prince. The English had been taught to look upon the Scots as their vassals, over whom they had a right of supe- riority ; and the pride of national independence which the Scots had so long struggled for, induced them to eye all the advances of the English with suspicion. The nobles partaking of these feelings, became more envious, and their rivalry more rancorous, than is common among the polished hypocrites, who alternately flatter and betray each other in the courts of their native princes. The English, who had hitherto solely filled the highest offices in the state, looked with jealousy upon the Scots, who were admitted to places of honour and trust ; and the Scots who, in the exaltation of their king to the throne of England, had considered that kingdom as an acquisition which would enable him to gra- tify their ambition, imagined themselves to have tne first claim on the royal munificence, and viewed with chagrin every drop of the current that flowed past them. The En- glish were accustomed to despise the Scots as a poor, and the Scots to envy the English as a rich people ; and the in- tercourse between the middling and lower ranks of both countries had been so circumscribed, that an interchange of good offices, or a knowledge of each other, had not weaken- ed the mutual prejudices of either. At that time, trade and commerce too, were becoming of importance ; and as in their infancy, the advantages are always attempted to be secured to one party by restrictions, so the free interchange of com- modities between nations for their mutual advantage, which, even in this self-styled enlightened age, is but partially prac- tised, was not then understood. The narrow views and selfish policy of the merchants and legislatures, loaded with restrictions the imports and exports of the two nations ; and Scotland and England, standing then in the position of stran- gers, lately enemies, the mistaken jealousies of trade were added to the other causes of distrust and suspicion.

JAMES VI.

283

LXXXII. These considerations might have checked the ardent expectations of speculators upon the immediate prac- ticability of incorporating the two nations ; but in nothing are men so apt to be deceived as in political theories. Un- fortunately such is the intractability of the material, that, how- ever beautiful the elevation, and well arranged the plan may be in the drawing, scarcely one of the superstructures which political architects have attempted to rear, at once, and by previously laid down rules, have either been convenient or durable. We are indebted to the arrangement of circum- stances, and the adaptation of means to the end, by that over-ruling rt providence which ever shapes our ends, rough hew them as we may," for almost all that is valuable in the constitution of society, or the formation of governments. It is humbling to reflect how little either of national prosperity or happiness has been the result of human foresight; or how little rulers and people are taught wisdom by experience.

BOOK IV.

1603.

THE

HISTORY OF SCOTLAND.

BOOK V.

James VI. — State of the country at his accession to the throne of England. — Its effects. — A conspiracy in England detected — Sir Walter Raleigh executed. — King and Queen crowned. — State of the English church. — Rise and history of the Puritans — Their conference with the bishops in the king's presence — His decision against them. — Proceedings of the ministers in Scotland — Jesuits ordered to leave the kingdom. — Puritans to conform to the Esta- blished church. — King's first speech to parliament. — Proposals for a union re- jected.— Assumes the title of king of Great Britain — Proceedings of gene- ral assembly at Aberdeen. — The ministers attending it prosecuted. — Trial of Forbes, Welsh, &c. at Linlithgow. — Mr. Forbes' speech. — They are found guilty. — Banished. — James determines to introduce Episcopacy. — Declared head of church and state. — Bishops restored to seats in parliament — Minis- ters summoned to London. — Conference at Hampton Court. — Undaunted conduct of Andrew and James Melville. — They are forced to attend divine service in the Chapel Royal. — A. Melville's epigram on the occasion. — His trial and sentence. — Death. — Convention of ministers at Linlithgow — Constant moderators appointed. — Disturbed state of the country — Un- successful attempt to civilize the Hebrides. — Another unsuccessful at- tempt at a union. — J Murray of Leith punished for his civility to the banished ministers. — Roman Catholics forbid by the pope to take the oath of allegiance. — The king's dispute with Bellarmine — Balmerino's trial. — Bishops restored to full authority — Courts of high commission in. stituted — Assembly at Glasgow packed by the king. — Powers granted by it to the bishops. — The king's intention to abolish presbytery delayed — Bishops made independent of the general assembly. — Scottish bishops con- secrated at London. — Kerr, earl of Somerset, favourite. — Lord Maxwell executed. — Proceedings against earl of Orkney ; the clans Macgregor and Macdonald. — Lord Sanquhar executed for murder — Treatment of Lady Arabella Stuart. — Death of prince Henry — Marriage of princess Elizabeth. State of Trade — Ogilvy, a Jesuit, hanged. — Huntly absolved — General as- sembly order a liturgy — 1603-]616.

BOOK *' SCOTLAND, at the accession of James to the English throne, V. presented an extremely wretched picture of a factious, poor, ill-governed kingdom, hastening to anarchy, and surrounded barbarism. The borders were inhabited by lawless

1603. Jamei VI. With

JAMES VI. 285

banditti, who lived by rapine and plunder. The highlands BOOK were possessed by a different race, of a strange language, but 'equally unacquainted with the restraints of government or 1603. the manners of civilized life — their kindness was limited to State of the their clan, and their loyalty to their chief; and the gloomy co indolence of the mountains was only interrupted by conflicts among the ferocious chieftains, or plundering incursions on their wealthier neighbours. The islands were the haunts of, perhaps, more unreclaimed savages than either, whose pira- cies infested the western coasts, and who were often trouble- some, but seldom advantageous to the Scottish crown. The lowlands, harassed by the licentiousness which a weak go- vernment, and the partial administration of justice, never fail to produce, were, besides, distracted by religious dissension, which the mischievous, intermeddling policy of their polemi- cal king increased and prolonged.

ji. Nor was the accession of James productive of any of Effects of the expected advantages. Its first effects were hurtful. The Jj1*^6^ loss of the pageantries, trappings, and immediate retainers English of the prince, was severely felt in a metropolis which had l rone» no commerce, and hardly any other source from which to supply the deficiency thus occasioned in the circulation of money ; and the consequent want of employment among the TO the peo- lower ranks, many of whom depended for subsistence upon Ple» the expenditure of the royal retinue. The removal of the king to a more wealthy country increased the splendour of the court ; and the nobles of his poorer state, attracted round him by the hope of advantage, were induced to imitate the manners, and rival the expense of their richer competitors for royal favour. They thus exhausted their fortunes at a distance, and impoverished their tenants, by drawing from them the supplies necessary to support their rank in their TO the visits to England ; and the intercourse between the two na- nobillty» tions being so slender, the money expended never returned to Scotland, whose exports, limited to a few raw materials, were insufficient to replace the continual drain. The cessa- tion of hostilities between the two nations, and the pacific maxims of the monarch, diminished the importance of mili- tary followers among the nobles ; and the produce of their estates, heretofore consumed in rude and plentiful hospitality

286 HISTORY OF SCOTLAND.

BOOK on the spot, was now converted into money, and expended V' on foreign luxuries and artificial grandeur, in a distant capital, where it did not produce half the influence or the power ; but, while it was doubly exhausting to the vassal and his lord, ruptured the ties that held them together ; and in depressing the cultivators of the soil, at the same time re- duced the noble from the proud station of a chief, to the mean and beggarly rank of a courtier ; constraining him to act the tyrant to his dependents, and in turn bow the knee to a master.

in. James was fully aware of the difference in his situa- tion which the possession of the wealth and power of Eng- land had produced ; and he was not a prince to forego any opportunity of exerting or extending his prerogative. He accordingly employed the means which his personal aggran- dizement afforded him, to support the despotic claims he had advanced while in Scotland, but which his circumscribed finances had hitherto prevented his being able to sustain ; and the Scottish nobles, who had alternately resisted and obeyed his mandates in his native kingdom, now, either dreading the effects of his vengeance, or courting the favour of his good fortune, received his commands without a re- mark, and obeyed them without a murmur. — To the church And to the , . ., .J TIT

Church. tne union or the two crowns was peculiarly disastrous ; as it

enabled the king to allure and reward deserters from the ranks of presbytery, and facilitated the introduction of the episcopal form, whose dignitaries, being his own creatures he found at all times supple and subservient to his purpose

of encroachment. The queen

arrives at iv. A few weeks after his arrival in London, the king London. was jome(] by his queen in no pleasant mood. On his jour ney, — which had been prolonged beyond his expectation, — he despatched John Spotswood, created archbishop of Glas gow in room of Beaton who had died at Paris, to attem her on her journey ; but the family of Mar, to whom the car« of her eldest son, prince Henry, had been intrusted, refusec to allow him to accompany his mother to England, and th« queen, incensed at the treatment, fevered and miscarried nor was it till about the end of the month of June that she could with great difficulty be prevailed on to see the earl

JAMES VI. 287

previously to the coronation. When his majesty advised BOOK her to thank God for the peaceable possession they had ob- tained of the kingdom of England, which, he said, was 1603 chiefly owing to the earl's good offices in his last embassy ; in wrath she replied — for she seems to have been a woman of high spirit — " She would rather never have seen Eng- land, than have been beholden to him for it." This affair was brought before the council, and an act passed, on the humble submission of Mar, declaring: — That he had done nothing in that business derogatory to the honour of the queen : as the refusal, on the part of his family to restore the prince to his mother, was without his knowledge.

v. This domestic incident was not the only untoward cir- cumstance that occurred previously to the coronation. A conspiracy, — still unexplained, — was detected ; for which two catholic priests, lord Gray a puritan, lord Cobham, and A co(jistpirt~ sir Walter Raleigh, men of very opposite principles, were ed. brought to trial. The two priests were executed, lords Gray and Cobham pardoned after they were upon the scaffold, and sir Walter Raleigh reprieved and confined to the tower; but after an interval of fifteen years, to the everlasting infamy of

James, he was beheaded, upon this sentence : although the

c , . . . . r . - ° Sir Waltffl

evidence or his participation, or even accession to the con- Raieigh

spiracy, was more than doubtful.* executed.

vi. At last, on the 27th of July, St. James' — his saint's day — amid the desolation and melancholy occasioned by a terrible pestilence, the king and the queen were solemnly in- augurated at Westminster; but the splendid pageants erect- ed in honour of their majesties, through which the proces- Coronation sion passed, were left without spectators ; and the terrific an- nunciations of death were heard in the solitudes of one part of the city, while the royal cavalcade was hurrying through the streets of the other. Immediately after the coronation, the king issued a mandate forbidding the nobility to repair to London before winter, and the court left the capital.

vn. Long ere he left Scotland, James had meditated a union between the two kingdoms ; but he considered unifor-

• Prince Henry is reported to have said, when once speaking of sir Walter Raleigh : " I wonder at my father. Oh ! were I a king, I would not keep so noble a bird in so vile a cage."

288

HISTORY OF SCOTLAND.

BOOK V.

1603. State of the Eng- lish church.

Puritans.

mity in religious worship as a prerequisite to accomplish, or at least what was necessary to consolidate his scheme. In England, as in Scotland, there were two parties in the church — the one entirely subservient to the court, the other differ- ed from them in several points of polity and worship; and from the greater strictness of their lives, doctrine, and disci- pline, were denominated puritans.* These last, considering that James had been educated among the presbyterians, with whose tenets they in general coincided, had hailed his acces- sion to the English throne, as friendly to their freedom. He, although he had condescended to flatter them before he got into power, viewed them both with jealousy and distaste, as hostile to his high monarchical principles. As the puritans occupy so prominent a place in the succeeding part of this, and in the following reigns, it may not be improper to give a short sketch of their history and opinions, contrasted with those of their opponents, the high church party.

vin. In the reign of Edward VI. the English reformers divided into two parties ; the one wished entirely to root out popery, the other merely to lop off a few of the most ob- noxious branches. While Edward lived, the former had the ascendant ; at his death, on the accession of Mary to the

• The scrupulousness of the puritans has been ridiculed as if they contended merely for trifles ; and philosophers now smile at the pertinacity with which they refused to conform to the cut of a robe, or the use of a ceremony which may be considered as unimportant. The defenders of high church principles, who attempt to extenuate the conduct of the king and bishops, by represent- ing the subjects of dispute as trifles, unintentionally pronounce the severest censure upon those who so rigorously enforced them ; nothing but the most downright despotism, the veriest wantonness of tyranny, would persist in forcing another to obey in a trifle of no importance, merely for the pleasure of extorting obedience, when the other accounted that trifle a matter of con- science. But the puritans had studied human nature too deeply, and were too well acquainted with the influence that show and form have upon the multitude to account either trifles ; nor do they deserve the name of philoso- phers who affect to despise them. In politics in our day, we have seen what fearful energy they can be made to possess. A cockade, or short hair, are certainly in themselves as unimportant matters as a cope or surplice ; yet who would have said that that person was contending for a trifle, who should have insisted that official men in Ireland were to appear in a tri-coloured cockade, or cropped ; and these were not deemed surer marks of affection to French principles and anarchy, than copes and garments were esteemed badges of dis- tinction among the adherents of Rome.

JAMES VI. 289

crown, those of both parties who could escape, fled to the BOOK continent, and at Frankfort, where they found refuge, their disputes were revived, and carried to a hurtful and disgrace- 1603. ful height. When Elizabeth succeeded her sister, the exiles ^ir hl5~ returned, but their dissensions returned with them. The queen, who as Knox describes her, was neither true protes- tant, nor resolute papist, was fond of the pomp of the Ro- mish ritual ; — though, from political motives, an enemy to the adherents of the pope, — she, therefore, retained in the church service, the copes and other garments which had been laid aside in the last years of her brother's reign ; and kneeling at the sacrament, which had been left as a matter of indifference, was, by an act " of the uniformity of common prayer and service in the church, and administration of the sacraments," authorized as the only proper posture for receiv- ing the holy communion. Those who wished for a simpler and purer mode of worship, began now in derision to be styled puritans. The difference between the court reform- Origin of ers and the puritans was such as subjected the latter to se- tlle name- vere persecution ; till carried to an extreme, it roused a spirit of resistance, and the throne was overturned in the struggle,

ix. The court reformers asserted, that every prince had authority to correct all abuses of doctrine and worship with- in his own territories :— the puritans would not admit such extensive power to belong to the crown, or that the religion of the whole nation should be at the disposal of one single lay person. The court reformers allowed the church of Rome to be a true church, though corrupt in some points of Their te- doctrine and government, and the pope to be the true bishop of Rome, though not of the universal church : — the puritans affirmed the pope to be antichrist, the church of Rome to be no true church, and all her ministrations to be supersti- tious and idolatrous. Both allowed that the scriptures were a perfect rule of faith, but the bishops and court reformers denied that they contained the standard of discipline, or church government ; affirming, that our Saviour and his apostles, left it to the discretion of the civil magistrate in Christian nations, to accommodate the government of the church to the policy of the state ; — the puritans considered

VOL. III. 2 P

290 HISTORY OF SCOTLAND.

BOOK the scriptures to be a standard of church discipline, as well

v> as doctrine ; at least, that nothing should be imposed as ne-

1603. cessary, but what was expressly contained in, or derived

from them, by necessary consequence ; but if there were any

discretionary power left any where, it rested not with the

civil magistrate, but was vested in the spiritual officers of

the court t}ie church. The court reformers maintained, that the prac- tice of the primitive church, for the four or five first centu- ries, was a proper standard for church government and dis- cipline, better in some respects than that of the apostles ; being more fitted to the splendour of a national establish- ment, and therefore retained the titles of archbishops, me- tropolitans, archdeacons, suffragans, rural deans, &c. &c. ; — the puritans were for keeping close to the scriptures; they considered the example of the apostles as what they were bound to follow, who, they apprehended, had ordered the form of church government to be aristocratical, and formed after the model of the Jewish. Court reformers maintain- ed, that things indifferent in their own nature, such as rites, ceremonies, or habits, might be settled, and made neces- sary by the command of the civil magistrate; — the puritans insisted that the things left indifferent in the scriptures ought not to be made necessary by any human law, but that such rites and ceremonies as had been abused to ido- latry were not to be considered as indifferent.*

x. Such were the opinions of the two parties at the acces- sion ; and these James wished to reconcile before he made any attempt to produce a conformity between the Scottish and the

Puritans English churches. The puritans, presuming upon the king's n-CI y professions, urged their petitions for liberty of conscience and reformation of abuses, with a freedom and a frequency, which displeased his majesty. The episcopalians, who dread- ed the effects of his Scottish education, though they might well have known from his publications, the bent of his affec- tions, took a safer method to ensure the royal favour. On every occasion they flattered all his prejudices, maintained that monarchical government should be absolute, listened to his declamations with wonder and admiration, and carried

* Neal's History of the Puritans, vol. i. pp. 134-137.

JAMES VI. 291

their servility so far, that in addressing him they frequently BOOK fell upon their knees and used language which, if not pro- fane, bordered on the very verge of profanity, and is such as ._-„ it is not possible to read without a blush.*

xi. The king, who, during his progress, had promised to attend to the petitions of the puritans ;f either in order, apparently to fulfil this promise, or to display his own theo- logical knowledge, and overwhelm all opposition by the strength of his arguments, or the power of his majesty, ap- pointed a conference to be held at Hampton court, between the chief leaders among them, and his principal bishops.

xii. At this conference, which took place 14th January,

1604, James exhibited himself in the double capacity of um- Their con<p

fprciicc

pire and advocate. The whole had been previously arrang- with the

ed with the bishops, and the king's declaration at the open- Bishops at f , . . . . Hampton

ing oi the meeting, clearly evinced that the puritans were court.

not called upon to reason, but to submit. He told them, " that following the example of all Christian princes, who usually began their reigns with the establishment of the church, he had now, at entering upon the throne, assembled them for settling a uniform order in the same ; for planting unity, removing dissensions, and reforming abuses, which were natural to all politic bodies ; and that he might not be

• It would perhaps be going too far to assert, that there is any necessary connexion between episcopacy and despotism, but it is impossible to read this portion of our history, or indeed any part of our history under the Stuart dy- nasty, after the accession, without perceiving an intimate and close connexion between prelacy in the church and tyranny in the state. The doctrine of the bishops was passive obedience, their practice servility. Ye are the light of our eyes ! Ye are the breath of our nostrils, was the prelatic flattery in Eng- land ; to which James most graciously replied, that he never had met with such a set of sensible grave men in his life ; he was now in the land of promise ; in his native country, he had absolutely been contradicted by beardless boys ! When prelacy was introduced into Scotland, the same spirit came along with it. Archbishop Gladstanes, in a letter to James, styles him, " His earthly creator," and he frankly acknowledges, that the members of that hierarchy were constrained to support every measure of the king, because " no estate may say that they are your maj. creatures as we may say, so there is none whose stand- ing is so slippery when your maj. shall frown as we ; for at your maj. nod we must stand or fall." Calderwood, p. 645.

•j- When James was on his way to London, the puritans presented him a petition, commonly called, from the number of names affixed to it, the millenary petition, stating their grievances. He received it favourably.

292

HISTORY OF SCOTLAND.

V. 1604.

BOOK misapprehended, and his designs in assembling them mis- construed, he assured them that his meaning was not to make any innovation of the government established in the church, which he knew was approved of God, but to hear and examine the complaints that were made, and remove the occasion of them, therefore, he desired them to begin, and show what were their grievances."

xiu. The puritan leaders, who plainly perceived that the king was entirely set against them, urged their petitions un- der the greatest disadvantages ; for although men of learning and ability, they did not possess that firmness and fortitude, which could have enabled them to outbrave the frowns of the monarch, and to state with energy, the grievances which pressed heavy on their consciences. Dr. Reynolds, who was their principal speaker, stated their objections to the doc- trines, and to the discipline of the church of England. The doctrine as contained in the articles, he complained of as be- ing in some places obscure, and in others defective ; and in the discipline he regretted the little care shown in providing the people with pious and learned pastors ; objected to their forced subscription to the Book of Common Prayer, which contained many things they could not conscientiously admit, and they required the laying aside the sign of the cross in baptism, and the vestments, which they considered relics of Rome. In the discussions which followed, the king himself personally replied, sometimes by arguments, and sometimes by threats, till browbeaten and insulted by the head of the episcopalian church, and his supple bishops, the poor puri- tans, unequal to the contest, were forced to be silent. In the course of the discussion, James evinced his detestation of the presbyterian form of church government, that which he had declared to be the purest kirk upon earth ; and his affection for the church of England, whose service he had deprecated as so nearly allied to that of Rome. When Dr. Reynolds was stating the propriety of ministers having oc- casional meetings, the king, forgetting both the dignity of his rank, and his situation as judge, rudely interrupted him corous con- witn» " You aim at a Scottish presbytery, which agrees as duct. well with monarchy, as God and the devil. Then Jack, and

The king interferes-

JAMES VI. 293

Tom, and Will, and Dick shall meet, and at their pleasure BOOK censure me, my council, and all my proceedings. Stay, I pray you, one seven years, before you demand this of me." 1C04,

xiv. At the conclusion of the debate, the king, who would not allow the ministers to speak, chose to consider their forced silence as acquiescence, and condescendingly observ- ed, " obedience and humility are the marks of good and honest men, such as I believe you to be ; but I fear many of your sort are humorous and too busy in perverting others. The exceptions against the Common Prayer Book, are mat- His deci- ters of mere weakness; they who are discreet will be gain- 8l ed by time, and gentle persuasions ; and if they be indis- creet, it is better to remove them, than the church should suffer by their contentions. For the bishops, I will answer, that it is not their design immediately to enforce obedience, but by fatherly admonitions and conferences, to gain those that are disaffected ; but if any be of an obstinate and turbulent spirit, I will have them enforced to a conformity."

xv. The episcopalian party were highly delighted with his majesty's conduct in managing the conference, so much so, that the lord chancellor [Egerton,] said aloud, he had Delights often heard of the offices of priest and king being united in jj^ s" one person, but never saw it verified till now ; and Whit- gift, archbishop of Canterbury, exclaimed, " he verily be- lieved the king spoke by the inspiration of the Spirit of God."

xvi. The Scottish church viewed these proceedings with very different feelings. Mr. Patrick Galloway, one of their accredited ministers, sent down to the presbytery of Edin- burgh a full statement of the conference, and its result. When read in the presbytery, it was heard with profound procee(j. silence, and no one ventured to hazard an observation, till ings of the James Melville arose, and moved two resolutions : — " First, that they should express their brotherly compassion, and their sincere participation in the sorrow of their many godly and learned brethren in a neighbouring country, who, hav- ing expected a reformation, are disappointed and heavily grieved, and if no other way could be found for help, that they would at least help by prayer to God for their comfort and relief; and next, that as the presbytery of Edinburgh

294 HISTORY OF SCOTLAND.

BOOK had ever been the Zion and watchtower of the church, the

V- ministers should take care, that no peril or contagion come

1604. from the neighbouring church, and give warning, if need be,

to the presbyteries throughout the realm; especially, that

they should observe and watch over the proceedings of the

next parliament, summoned to consult respecting the union

of the two kingdoms." — And this was no idle or useless

jealousy.

xvn. Soon after, the king issued a proclamation, ordering

Jesuits or- a]l Jesuits and foreign priests, to quit the kingdom ; but the

leave the effect of this proclamation, which was in unison with the

kingdom, feelings of his people, was destroyed by the manner in which

it was expressed. In explaining his motives, he was anxious

to show that it was not dislike to the general principles of the

Roman catholic religion that induced him to banish the

Jesuits, but only his aversion to that peculiar tenet which

inculcated the pope's unlimited power over crowned heads.

xvni. James' reign in England, was distinguished as a reign of proclamations. Immediately after the one against the Jesuits, he issued another against the puritans, enjoining Puritans them to conform with the established church, which was re- rm> ceived with almost universal dissatisfaction, as it was in op- position to the rising spirit of the people, and manifested the most determined hatred against a large portion of his pro- testant subjects ; and which, when contrasted with the ten- derness he had expressed for the consciences of the Roman catholics, gave rise to suspicions and discontents that con- tinued to increase during his whole reign.

xix. The king, who possessed considerable speculative talents, but whose practical powers were of the lowest order, in spite of the obvious obstacles to any union at that time between the two kingdoms, had fondly entertained the idea of its easy accomplishment ; and he imagined, as the benefits appeared according to his theory so plain, it would be impos- sible any objection could arise.* He, accordingly, as soon

* For myself I protest vnto you all, when 1 first propounded the union, I then thought there could have been no more question of it, than of your de- claration and acknowledgement of my right vnto this crowne, and that as two twinnes, they would haue growne vp together. The error was my mistaking ; 1 knew mine owne ende, but not others feares. K. James' Works, p. 510.

JAMES VI. 293

as the plague had subsided in London, assembled a parlia- BOOK ment, the chief object of which was to consider of the eligi- ^*

bility of his scheme, or rather, according to his politics, of 1604u the means to carry it into immediate execution. His over- weening vanity, however, and the extravagant length to which he pushed the pretensions of his royal prerogative, created, ere the session had well begun, a distrust and jealousy be- tween the commons house and him, which led them to re- ceive with coldness, if not with dislike, any proposition in which they saw him keenly interested.* His opening speech James' was of tedious length, and although characterized by Hume j^n^3' as " a performance, which few productions of the age sur- pass, either in style or matter," is wholly unintelligible when he deals in generals ; and when he descends to particulars, is reprehensible, as avowing doctrines totally inconsistent with the increasing knowledge of the times, with the laws and customs of the people, and with every principle of common prudence, f In it he avowed undisguisedly, his despotic

* In his writs summoning parliament, and in his proclamation for its assem- bling, he assumed the right of dictating what kind of members ought to be chosen for the commons house. Hume attempts to gloss this over, but, thanks to the sturdy resistance of the commons of that day, and their clearer views of the danger of kingly influence in elections, the fountain of English liberty was not sealed. His other attempt was to render all contested elections subject to the decision of the crown. Here too, the manly good sense, and firmness of the commons defeated him, and to these two independent acts of the English house of commons, may be traced all the privileges a British lower house now enjoys. The principles of rational liberty, which Buchanan had in vain endeavoured to impress on the mind of James, had taken deep root in the nation, and these arbitrary, though abortive attempts to shackle the English parliament, had a strong and lasting influence on the affairs of Scot- land.

t To exemplify his intelligibility, I quote the following. After mentioning that he had assembled the parliament to express to them his thanks for the manner in which he had been received as king, and his inadequacy to do so with such eloquence as the occasion required, he says, he ever misliked lip payment, and adds, " Therefore, for expressing my thankfulness, I must resort unto other two reasons of my convening of this parliament, by them, in action, to utter my thankfulness ; both the said reasons having but one ground, which is the deeds whereby all the days of my life, I am, by God's grace, to express my said thankfulness to you, but divided in this, that in the first of these two, mine actions of thanks are so inseparably conjoined with my person, as they are in a manner become individually annexed in the same," &c. &c. For the rest I refer to the speech itself. K. James' Works, p. 486

296

HISTORY OF SCOTLAND.

1604.

BOOK principles of government, his leaning to the popish creed, v- and his antipathy to the puritans. " He acknowledged the Roman church to be our mother church, although defiled with some infirmities and corruptions ;" and after objecting strongly to the temporal supremacy claimed by the pope, and the doctrine which authorized the assassination of here- tic princes, added, " I could wish from my heart, it would please God to make me one of the members of such a gene- ral Christian union in religion, as, laying wilfulness aside on both hands, we might meet in the midst, which is the centre and perfection of all things. For if they would leave, and be ashamed of such new and gross corruptions of theirs, as themselves cannot maintain, nor deny to be worthy of refor- mation, I would on my part be content to meet them in the midway, so that all novelty might be renounced on either side ; for as my faith is the true ancient catholic and apos- tolic faith, grounded upon the scriptures, and the express word of God — so will I ever yield all reverence to antiquity in the points of ecclesiastical polity ; and by that means shall I ever, with God's grace, keep myself from being either an heretic in faith, or schismatic in matters of polity." He wa less measured with respect to the puritans : " This sec which," said he, " I call a sect, rather than a religion, do not so far differ from us in points of religion, as in their confuse* form of policy and purity, being ever discontented with th present government, and impatient to suffer any superiority which makes this sect insufferable in any well governed com monwealth. As to my course respecting them, I refer to nr proclamations."

xx. A majority of the house of commons were semi-puri tans, or at least, men who had a rooted abhorrence of po pery ; to them such sentiments gave universal disgust, anc led them to view every proceeding of the king's with suspi- cion. They besides, had national antipathies to overcome they perceived the number of Scots who had already flockec ap.to England, and they feared a further influx. In a confer- ence between the two houses, however, lord Ellesmere, the lish to treat chancellor, procured their consent to the nomination of for- of a union, ty-four commissioners, to treat with the Scots respecting a union.

sioners

En

JAMES vi. 297

xxi. When the Scottish parliament, which met at Perth, BOOK on account of the plague then raging in Edinburgh,* assem- bled, their aversion to a union was not less than that of the 1604. English. Private consultations were frequently held among Parliament the nobles, and their fears for national independence wereaveri stimulated and strengthened by the ministers, who trembled for the safety of the church. At the first mention of a pro- posed union, the ministers had taken an alarm, and the com- missioners of the general assembly petitioned that a meet- ing might be held before parliament met, to consider the proper steps for securing the order and discipline of the church of Scotland from danger; but the king refused this, as he said the union was entirely a political measure, in which the church had no interest, and where their rights would not at all be compromised. It was alleged on the part of the church, that it was evident from the whole of the king's procedure, that a uniformity in the church govern- ment of the two realms was intended ; and as this could not take place, without the one yielding to the other, it was to be feared this submission would be required of the Scots. And the The synod of Fife, took a wider and sounder view of the subject than their sovereign ; they rejoiced in " the purpose of the union, as most loveable and good," at the same time they perceived its practicability, without a uniformity between the ecclesiastical establishments ; and instructed the commis- sioners to oppose any innovation in the doctrine or dis- cipline of the church, or any assimilation of statuary laws.f This fact, of political union without ecclesiastical uniformi- ty, or the surrender of the ancient laws of either nation to the other, which has now been demonstrated to be beneficial by the experience of more than a century, was one which the royal theologian could not comprehend, and which

* I have attempted in vain to get some data to estimate the ravages of the plague in Scotland. At this period I can only ascertain that in several years it was dreadful, and I can account for it from the nauseous food on which the poor vassals were forced to subsist on account of the scarcity ; they lived up- on garbage and carrion, and the fluids which should have carried life and vi- gour to the body, carried disease and death.

f Calderwood, p. 480. VOI. III. 2 Q

HISTORY OF SCOTLAND.

BOOK among the court party, the enlightened Bacon alone seems to V' have understood. 1604. xxn. After some difficulty,* thirty-six commissioners were

Commis- . .. , .

*ioners ap- chosen by the Scottish parliament, but their powers were re- pointed by sti-jcted ; and they were not intrusted with any discretionary latitude of action, which would allow them to trench on the independence, rights, or liberties of their country. The whole proceedings of this parliament were adverse to the uni- on ; and the only attempts which they made at any approxi- mation to a closer alliance, were recommending the removal of such statutes, or local usages, as might perpetuate the mem- ory of past, or occasion the renewal of fresh hostilities be- tween the two kingdoms.

xxm. It does not appear that the Scottish parliament James' idea ever meditated more than a federal union; but we gather of the um- from James* own works that he understood, by an incorpo- rating union, prescribing the English law to the Scottish na- tion.f He had felt the effects of the rough, tumultuary freedom of his native subjects ; he had seen the submission

of the English to Elizabeth ; but he had not perceived that

'

* I differ with diffidence, which 1 must always do when I venture to dissent on political subjects, from Mr. Laing; but it does not appear to me, that the Scottish nobles were so easily intimidated into the measures of James as he asserts, Hist. vol. iii. p. 10. nor can I find those marks of haste which he mentions. He quotes the State Papers, MSS. Advocates' Library. Ambas- sadors have been always allowed to be legalized spies. State papers in gen- eral may be compared to special pleadings, which, in a majority of cases are special falsehoods, and we know how grossly the aflairs of Scotland were mis- represented to James, as he confessed when he visited it. I cannot, there- fore, trust them with the same frankness that I do cotemporary historians or memoir writers. Now from both Calderwood and Spotswood it appears to be clear, that the Scottish nobles were by no means very quick in their mo- tions, nor, even after being admonished, did they readily accede to the pro- posals of the king, or send commissioners till they had provided instructions, which were in diametrical opposition to the views of the court ; and this is evident from the last clause of these instructions, in which they are ordered not to derogate from any " fundamental laws, ancient privileges, and rights, of- fices, dignities, or liberties of the kingdom."

t " It was not his [James'] desire to deprive England of its laws, but to lay Scotland subject to the same laws. He did desire that they should be sub- jected both to one rule, and to one law." " I mean such a general union of laws as may reduce the whole island, that as they live already under one mo- narch, so they may be governed by one law." — K. James' Works, p. 512.

JAMES VI. 299

it was the superior prudence of her government, more than BOOK any superiority of the law, that had ensured obedience; and he imao-ined that, by introducing the English laws, he would 1604. introduce the English habits of submission. The Scots, al- though not possessed of personal,* were proud and tenacious of national independence ; and this feeling, which from the days of Bruce had been enforced and inculcated upon the public mind, was associated with a jealousy and hatred of England, which it was difficult either to eradicate or subdue, They had little or no commerce; their exports were chiefly raw material, and their imports, the luxuries, the wines and brandies of France, or the absolute necessaries of life, the products of Flemish industry. Among the latter, it is cu- rious to observe, that even cart wheels were brought from Flanders, so low was Scottish art. The advan- tages, therefore, of any liberal intercourse with England, were despised, while the whole of Europe lay open to the speculations of their itinerant pedlars ; f and France offered them peculiar advantages and immunities. Their value of the English market may be judged of by the clause inserted in their preliminary arrangements : — That sheep, black cattle, wool, hides, leather, and yarn, should be prohibited from exportation, and reserved by both nations for internal consumption. The reverse has since been proved to be for the benefit of both. The English commissioners were equally inimical to any treaty which would admit the Scots to a participation of their rights, and proposed terms to which they knew the Scottish commissioners would not consent. They proposed, as the basis of a union, a unifor- Basis pro- mity of laws, and when the Scots indignantly refused to sub- jji^En- mit to any statutes but their own, and the English would lis- Hsh re- ten to no accommodation, the consultations were continued, but without any hope of adjustment.

* It is a strange, but a true fact, that personal security, in which the es- sence of personal liberty consists, was not known in Scotland till after the re- volution.

f The Scots and Jews monopolized the trade of Poland, and many of the former returned with fortunes to their native country. They were generally pedlars or vagrant merchants ; but the Scottish emigrants were not all of this description ; the majority consisted of military adventurers, who lent their mercenary swords to the highest bidder.

300 HISTORY OF SCOTLAND.

BOOK xxiv. After a protracted conference, which, in obedience v- to the king's mandate, had been held at Westminster, the 1604. commissioners from both kingdoms, although they could not condescend on the basis of a union, agreed upon several con- Result of dilatory measures. All hostile ordinances, in both coun- the deJibe- trjeSj aga|nst each other, were declared to be for ever an- nulled ; the name of the borders to be disused, and all the Jaws, customs, treaties, or whatever tended to keep alive the remembrance of the former feuds, to be abolished. The Post nati, all persons born after the decease of the late queen, and since the accession of the Scottish king to the English crown, were declared entitled to the privileges of native born subjects in each kingdom j and all the inhabitants of the island were rendered capable of inheriting lands, honours, digni- ties, and offices in any of the divisions, but were excluded from holding situations under the crown, or a place in the legislature, except in their respective native countries, till a union. Several regulations were adopted relative to foreign trade, and the admission of the natives of the two kingdoms into the trading companies established in either ; but the main object, the incorporaling union, was postponed for fur- ther consideration by mutual consent. Such seem to have been the mutual feelings of the English and Scottish people toward each other at this period, and even a century of re- James pose was not sufficient to dissipate them. The king had, takes the however, previously assumed, by virtue of his prerogative, of Great"8 tne l'^e °^ king °^ Great Britain, commanding this to be Britain, used in all proclamations, and the names of England and Scotland to be discontinued. He likewise ordered all the places of strength upon the borders to be dismantled, and their iron gates to be turned into ploughshares ; the garri- sons of Berwick and Carlisle were dismissed ; and in memo- ry of the union, which he calculated upon as being already etiected, he caused several gold and silver medals to be struck, on which were engraved various inscriptions, Quce Deus con* junxit nemo seperat ;* and, Faciam eos in gentem unam.\

xxv. Time often effects, what reason in vain attempts to accomplish — Yet a proud and an independent, but a poor

• Whom God hath joined, let no man separate, f I will make of them one nation,

JAMES VI. 301

nation, which has received injuries from a more powerful BOOK and richer neighbour, may well be excused for listening with _ _! _

cautious reluctance to any proposals for a union; and a wealthy nation, which has accepted a sovereign from one in- ferior, cannot be blamed for being jealous, lest her patrimony should be devoured by a crowd of needy dependants on the bounty of a native king.

xxvi. Notwithstanding his repeated and earnest profes- sions, frequently accompanied by tears, James, before he left Scotland, had violated his promises, and, in several in- stances, interfered with the independence of the Scottish His designs

church; but now, in the plenitude of his power, he began 1

to aim at its total subversion. The assembly which had legally the right of meeting once a-year, and which, in case neither the king nor his commissioner were present, could [hem selves nominate the day, had been first prorogued on account of the accession, and again discontinued in the suc- ceeding years, till the union should be adjusted. On this, the presbytery of St. Andrews, considering the rights and iberties of the church as invaded, by the interruption of the meeting of her highest court, resolved to send commissioners to keep the diet, because it had been only adjourned in an K05. unofficial manner by sir David Murray ; while the law ofir)r°sc^ J|fl the country, the practice of the church, and the consent of ministers. the king formerly given, warranted their sitting. The com- missioners accordingly repaired to the place of meeting at Aberdeen, and in presence of several other clergymen, and three public notaries, presented their commission, protest- ed* that no detriment should result to the church of Christ,

* Mr. Laing strangely misrepresents this occurrence ; he says : " Three fealots, who assembled, protested that no detriment should result from this measure to the kingdom of Christ, and their apprehensions were diffused through the \vhole church ;" and he quotes Caldenvood. No\v Caldervvood elates expressly that it was the presbytery of St. Andrews which took the alarm, " and constituted and appointed three of their brethren, Mr. James Melville," — designated by Mr. Laing himself, "a mild and amiable character," Hist, of Scot. vol. iii. p. 41. — "Mr. William Erskine, and William Murray, as their commissioners to the general assembly, and give them full and express commission to pass to Aberdeen, and there, and for the said presbytery, to vote, reason, and conclude," &c. From which it is e\-ident they were not " three zealots," but three regularly. constituted commissioners, deputed bj one of the leading presbyteries, and who met in obedience to their direction.

302

HISTORY OF SCOTLAND.

1605.

meets at Aberdeen

BOOK and lamented that, from the failure of their brethren to ap- V- pear, no regular assembly could be constituted, for ow- ing to some mistake in the intimation, and the severity of the weather, by which the rivers were swollen, several other ministers did not arrive till after the assembly was dissolved, and among them Welsh, afterward so severely persecuted. Their fears were diffused through the whole church, who, as formerly mentioned, dreaded, and justly, some attempts to assimilate their order and discipline to that of the church of England, on purpose to facilitate a union. Sus- picious, therefore, of a third prorogation, a number of pres- byteries and synods, who saw that, in submitting to such arbitrary interdicts, they would be deprived of their legal privileges, and that their times of meeting, which would thus depend solely upon the will of the sovereign, would first be delayed, then wholly discontinued, determined to keep the time appointed in the last prorogation. Accordingly, on Assembly the 2d July, 1605, nineteen ministers, the deputies from nine presbyteries, met at Aberdeen, and proceeded to constitute the assembly, when Straiten of Laurieston, the king's com- missioner, presented a letter from the lords of privy council, addressed: — "To our trusty friends and brethren of the general assembly, convened at Aberdeen ;" a style recognis- ing the lawfulness of their meeting, and acknowledging their public collective character. It was determined, before they could receive his communication, that it was necessary to constitute the assembly by choosing a moderator and clerk ; and on the suggestion of Straiton — who, however, declined being present at the election — chose John Forbes, minister of Alford, as their moderator, and proceeded to read the let- ter, which enjoined them immediately to dissolve the meet- Ordered to ing, without naming another day for again assembling. While the letter was reading, a messenger at arms entered, and in the king's name commanded them to dissolve on pain of rebellion. As the assembly could not agree to this, with- out breaking down the constitution of the church, they ex- pressed their willingness to comply with the order for their dissolution; but requested it might be done in a regular manner, by his majesty's commissioner naming a day and place for next meeting. This he refused to do, and, in con-

dissolve.

JAMES VI

sequence, the moderator appointed the assembly to meet at BOOK he same place, on the last Tuesday of September, and dis- olved the assembly. Laurieston afterward asserted that he 1605. lad, on the day previously to the meeting discharged it by ^" )roclamation at the cross of Aberdeen ; but of this he could city. >ring no proof; and as he was himself at the meeting, and never gave any intimation of the charge, it was generally be- ieved that he violated the truth, — not less with regard to the Jate than to the publication of the charge, — in order to soften he indignation of the king and of the prelates, who were of- ended at the countenance he had given to the assembly. The conduct of this assembly, at once firm and moderate, jxhibited a rare example of temperate, legal resistance to despotic power ; for in every view of the question, it is evi- dent that all law was on their side, and only the mandates of ,he king against them. But with the oppressor there was Dower ; and these men, who in fact had only asserted the su- premacy of the law in opposition to the unwarranted claims absolute tyranny, were afterward doomed to be martyrs, lot more to the religious than to the civil rights of the com- munity, by a cruel perversion of that law they had so stre- nuously supported.

xxvu. It does not appear that the privy council would nave been inclined to prosecute the members of the Aber- ieen assembly, but the king was irreconcilable to any ap- The mini> oearance of encroachment on his divine right; and instantly, ^^"roV" m receiving information of the proceedings of that assem- scouted. >ly, transmitted orders to the law officers, to proceed with ;he utmost rigour against the ministers who had presumed to act in opposition to his command.* Mr. John For- s, the moderator of the late assembly, who had arrived in inburgh, in order to represent to the privy council the al state of the case, and to deprecate any alleged disobe- ience or disrespect for the king's authority, was apprehend- d on the 24th July, and brought before the council, which met at an unusual time, — between six and seven o'clock in the

•The king's letter to secretary Balmerino, is dated 19th July, IGOo, in the laddington collection, quoted by Dr. M'Crie. Forbes, the moderator, was xmnmitted prisoner on the 24th, and Welsh on the 25th of the same month, areyiously to which they had remained unmolested.

304 HISTORY OF SCOTLAND.

BOOK morning,— and was composed of a more than ordinary pro- v- portion of bishops. Refusing to condemn the assembly, and ] ~~~"7 referring the legality of its meeting and its proceedings, to the decision of the first regularly appointed meeting of that body, he was ordered to enter ward in the castle of Edin-' burgh. John Welsh, who happened to be in the city at the Forbes and same time, was also summoned before the c.Hincil; who, de- prisoned™ clining to answer upon oath to what he considered ensnar- ing and insidious questions, was first committed to the tol- booth, and then he and Forbes were sent to the damp cells of Blackness castle, which might, in these times, have been considered the bastile of Scotland. Several other ministers were distributed through different prisons.*

xxvni. It is necessary here to recollect, that the estab- lishment of the church of Scotland was essentially a part of the constitution of the country ; and that her rights and privileges were guarded by the most sacred compact that Discon- can exist between a king and a people.f An open attack upon the church was, therefore, considered as a stretch 01 prerogative not to be borne in silence, and the imprecations against it were neither low nor inaudible. The king, in or- der to quiet them, issued, according to his practice, a long proclamation, couched in almost as equivocal language as Attempt to any other of his royal productions. In it he expresses his them?6 desire to maintain the good and laudable customs of each of the realms, and his intention to make no encroachments upon either; and in a passage, which from any other pen would have been deemed keenly ironical, adds: " This charge [of encroachment] none of our subjects will be so credulous as to believe, knowing how careful we have been to maintain both religion and justice, and to reform the evils that did in any sort prejudice the integrity of either of the two, whereby justice hath attained, under our government, to a greater perfection and splendour than in any of our predecessors' times, and many abuses and corruptions in the

* Caldenvood, p. 494. et seq.

f At the assembly in May, 1597, his majesty declared the act of parliament, respecting the meeting of church courts, to be " the most anthentick form of consent that any king can give." — Buik of the Universal Kirk.

JAMES VI. 305

discipline oFthe church amended, that otherwise might have BOOK brought the purity of religion in extreme danger ; neither of which was done by our sovereign and absolute authority 1605. — although we enjoy the same as freely as any king or mon- arch in the world — but as the disease of the civil body ever was cured by the advice of our three estates, so were the defects of the church by the help and counsel of those that had the greatest interest therein." Copies of the proclama- tion were sent to the imprisoned ministers, but produced no effect ; they were too well acquainted with the court to put any confidence in promises so often broken, or be influenc- ed by a paper, the leading assertions of which they knew were not founded on fact. They were in consequence again brought before the privy council, and ordered to stand on their defence ; when they, in respectful terms, declined its jurisdiction as incompetent to take cognizance of a matter purely ecclesiastical. For this offence solely, were Ministers they, by the king's direction, indicted for high treason, high^rea" under an act made during the infamous administration ofson. Arran, but which had subsequently been repealed. Six were selected as peculiar objects of prosecution — John Forbes, minister at Alford, John Welsh at Ayr, Robert Drury at Anstruther, Andrew Duncan at Crail, John Sharp at Kilmany, and Alexander Strachan at Creigh. The trial was attended with every circumstance which could tend to aggravate the suffering of the prisoners, or exhibit the de- termined disregard for justice which actuated the court.

xxix. The ministers, who had been warded in Blackness castle, when the pestilence reached its gates, requested to be removed to some place distant from the contagion. This was a request too equitable to be granted ; and they were detained there till the 10th of January, 1606, when, between 1606« the hours of two and three o'clock in the morning, they were awakened by sound of trumpet, and summoned to their trial. At that time, the roads in Scotland were almost im- passable, and in the depth of a northern winter, in a half cultivated land, must have been wretched indeed. The pri- soners, however, set out cheerfully on their journey, and ar- rived at Linlithgow palace, as the sun was rising. They were here met by a number of ministers from various parts

VOL. in. 2 R

306

HISTORY OF SCOTLAND.

BOOK of the country, among whom were most conspicuous, An-

v- drew and James Melville. Every art was tried to endea-

1606. vour to induce them to pass from their declinature, previous

to any trial; but threats and promises were held out in

vain; and they proceeded to the court, which sat in the

Tolbooth, about two in the afternoon, accompanied by the

whole of the ministers who had attended to support them.

In this extremity, two of their advocates deserted them, and

Their trial, refused to plead. Mr. Thomas Hope, and Mr. Thomas Gray, stood forward as their defenders. The justiciary court had as assessors, a number of the highest officers of state, whose presence on the bench was intended, and calcu- lated to overawe the jury. Sir William Hart presided as jus- tice depute. A number of most unanswerable objections were stated, to what in Scottish law, is termed the relevancy of the indictment, or in other words, to the propriety, accura- cy, or justice of the charges brought against the prisoners.

Their ob- It was urged, that they did not decline his majesty's civil N aut^or'ty I tnat tney did not even decline his ecclesiastical authority, if exercised according to the rules of the church, and the acts of parliament ; that even upon the obnoxious one of 1584, their conduct was unimpeachable and unattack- able; but although it were not, that act was repealed, in as far as it affected the rights of the church, by the act 1592. The opinion of the court was then asked, in a new and un- usual manner. The judges on the right and left hand of the chancellor requested those seated on their respective sides, to deliver their votes, not viva YOCC, but by whisper- ing, or what Calderwood expressively styles, " rounding in the ear." Suspicions have been expressed, that the votes thus collected were not fairly put down ; it may be so ; some ma\ have through timidity, allowed their names to go to the wrong side ; though, from the complexion of the court, it is

Overruled, not probable but that there was a sufficiently pliable majo- rity to secure the sentence of relevant, which was pronoun- ced upon the libel.

xxx. The prisoner's defence was ably conducted, and the arguments similar to what had been used against the legali- ty of the indictment ; but in the speeches of the accused themselves, there was an impressive solemnity, which it re-

JAMES VI. 307

quired all the threats and promises of an overbearing court BOOK to overcome ; and to the credit of the jury, they could se- ^' cure after all, only a small majority. Forbes' concluding 1606. speech, was powerful and eloquent, the finale might almost be deemed prophetical. Addressing Dunbar, " My lord," Forbes* said he, " I adjure you before the living God, that you re- ** port to his majesty in our names, this history out of the book of Joshua." He then narrates the league obtained from Israel through deceit, by the Gibeonites ; and after- wards notices the plague which fell upon Saul and his pos- terity, for violating the oath of God which was made be- tween the Gibeonites and the princes of the people ; adding, " Now my lord, warn the king, that if such a high judg- ment fell upon Saul and his house, for destroying them who deceived Israel ; and only because of the oath of God which passed among them ; what judgment will fall upon his ma- jesty, his posterity, and the whole land, if he and ye violate the great oath that ye have all made to God, to stand to his truth, and to maintain the discipline of his kirk, according to your powers."*

xxxi. When the jury retired, although they had been packed, yet such was the commanding effect of truth and of genius, that in the presence of those from whom they ex- pected every advancement, they hesitated ; and it was not till after several visitations from the crown officers, and a promise that no harm should be done to the prisoners, that a verdict was at last, by a majority of THREE, obtained against them. The names of the minority deserve to be perpetuated : — sir John Levingston of Dunipace, sir Archi- bald Stirling of Kier, Gavin Home of Johnscleugh, Robert Levingston of Westquarter, Thomas Levingston of Panton, and James Shaw of Sauchie, who withstood every tempta- tion, and declared their pannels innocent simpliciter. But the verdict was still illegal; as the act, 91 James VI. ex- pressly declares, that if any stranger enter where an assize is enclosed, after they be enclosed, that verdict is null and void in law, and the pannel, though guilty, shall have the advantage of the circumstance ; yet in this case, the justice,

•Calderwood, p. 515.

308

HISTORY OF SCOTLAND.

BOOK V.

1606.

Found guilty.

Report of the trial to the king.

the assessors, all had access and all tampered with them. The crown officers went alternately between the prisoners and the jury, and sensible of their own infamous proceed- ings, they wished the process to be stayed ; and promised, that if the prisoners, even after their verdict was pronounced, would withdraw their declinature, that mercy would be ex- tended ; but fortunately for their own fair fame, and for the liberties of their country, they preferred preserving their in- tegrity. The verdict was delivered at midnight, and the pannels on hearing it, embraced each other, and gave God thanks for having supported them during their trial. The sentence was delayed till his majesty's pleasure should be known ; and the day following, they were remanded to Black- ness castle. Andrew and James Melville, with some other ministers, accompanied them, and parted with tears, at the gates of that inhospitable jail, more confirmed than ever, in the cause in which they had engaged. While the accom- plices of crime fly each other in the hour of danger, it is de- lightful to observe adversity binding the virtuous more strong- ly together. The letter from the king's advocate, announc- ing the conviction to the king, I subjoin in a note, with lord Hailes' remarks.* It is an important document respecting

* Sir Thomas Hamilton, King's Advocate, to King James.f Most Sacred Sovereign,

My conceived fears, that my silence could not find out any lawful excuse, if i should not advertise your Majesty of the progress and event of the crim- inal persuit off Mess. John Forbes, Welch, and others their complices, before your Majesty's justice, for their treasonable declining your Majesty, and your secret Council's judgement, makes me bold to write in that matter ; which, as well in respect of a most high point, and large part of your Majesty's au- thority royal, brought in question by the ignorant and inflexible obstinacy of these defenders, as in regard of the most careful expectation of a great part of your highness's subjects, in this your kingdom, over doubtsomly distracted. During the uncertain event thereof, partly by superstitious, and partly by feigned zeal to their profession, and affection to their persons for their pro- fession's sake ; being of so high and dangerous consequence, as the miscarrying thereof might have exemed a great part of your Majesty's Subjects from your Majesty's Jurisdiction and obedience in matters of doctrine and discipline, and all things which they should have pleased to affirm to be of that nature, and therewith have given them occasion, and as it were lawful liberty, or liberty

* The Scottish phrases in this letter aie retained, Ihe most remarkable are, langsum, for tedious. tul, tor without, and panntl, for persons arraigned,

JAMES VI. 309

the state of justice in this country at that period; and places BOOK the unfairness, and the illegality of the trial, and the despo- ______

tic tyranny of the court, in a stronger light, than any other 1606- commentary on the subject could do.

by your Majesty's own laws and sentences, to have maintained that liberty once purchased, and daily to have increased the same, to the manifest peril, not only of further impairing, but with time, of utter subversion of your royal power within this kingdom. God having now brought it to that good end, that after langsum, difficil, and most contentious travels, they are convicted by assize of that treasonable declinator, I should omit as necessary a point of my duty, as if i had not replied to their most probable alledgeances, if I should conceal from your Majesty, that the first and greatest praise of this good suc- cess should be given to your Majesty's self, for foreseeing this matter to be of such difficulty and danger, as it required the particular direction of your Majesty's own most excellent wisdom, by the report and prosecution of my lord of Dunbar, who, I am assured, in all his life was never so solicitous for the event of the trial of other men's lives ; for at his here coming, finding that matter full not only of foreseen, but also of unexpected difficulties, his eare and diligence therein has been so assidious, wise, and provident, that having made secret choice of this time and place — which by effect has proved most proper — and so vively expressed to your Majesty's Justice. Justice clerk and other members of that court, your Majesty's care of the maintainance of your royal power brought in question by that process, with the undoubted favours which they might expect by doing their duty, and most certain disgrace and punishment, if in their defaults any thing should miscarry. He proceed- ed thereafter to the preparation of sufficient forces, able to execute all the lawful commandments of your Majesty's council in your service ; and for that purpose having brought with him to this town, a very great number of hon- ourable barons and gentlemen, of good rank and worth of his kindred and friendship ; finding beside our other great impediments, the chief peril to consist in the want of an honest assize, who without respect of popular favours, re- port, threatnings, or imprecations, would serve God and your Majesty in a Good Conscience : and for known default of constancy, and good affection in others, he was compelled to cause his own particular and private kinsmen and friends make the most part of the assize, who being admitted upon the same, if he had not dealt in that point but [without] scrupulosity or ceremonies to resolve them of the wonderful doubt, wherein by many means, chiefly by the thunder- ing imprecations of the pannel, and contentious resistance of their own associ- ate assizers, they were casten, that whole purpose had failed, to our infinite grief, and your Majesty's over great prejudice, for the good success whereof 1 shall ever thank God, and ever pray him and your Majesty, to put us to as few essays in the like causes as may possibly stand with the weal of your Ma- jesty's service, in respect of the scarcity of skilled and well affected assizers in these causes ; for if my lord of Dunbar had wanted your Majesty's most provi- dent directions, or if we had been destitute of his wise and infinitely sollicitous diligence and action in this purpose, in all men's Judgments it had losed, wherein our misluck could never have found any excuse, which might either have given satisfaction to your Majesty, or contentment to our own minds,

310 HISTORY OF SCOTLAND.

BOOK xxxn. The king, for a considerable time, would not de- V' clare his determination as to the punishment of the condemn- 1606. ed ministers, and in the meanwhile, he ordered the trial of the others to be proceeded in, notwithstanding the request contained in the letter of the lord advocate ; but, induced by the strong remonstrances of his privy counsellors, who represented the impossibility of finding an assize who would convict them, and the disgrace that it would occasion to the government, James reluctantly yielded ; and they were with- out trial, banished to the most barbarous quarters of the The minis- kingdom, to the western islands, to Orkney, Shetland, and nlshe'd tne highlands. The six convicted ministers were banished to France. These proceedings, so manifestly iniquitous, in- creased the national dislike to the bishops— universally con- sidered the authors of this injustice — and their hatred to episcopacy, of which they were the first-fruits.

xxxni. During the time the fate of the oppressed patriots Orders was depending, proclamations were issued, forbidding the not to pray ministers, under pain of death, to pray for their persecuted

for them r . .. . . , J , . r

disregard, brethren ; and prohibiting, under severe penalties, any ex- ed* pression of approbation respecting the northern conventicle,

or any disapprobation of the proceedings of government. But the ministers boldly made supplication for the conscien- tious sufferers, and the nation openly avowed their discon- tent. The discovery of the gunpowder plot occurring about the same time, it was thought that the king's heart would

albeit our consciences and actions did bear us record, that we served with most faithful affection and careful diligence. But now we have to thank God that is well ended, and I must humbly crave your Majesty's pardon for my boldness and overlong letter, which shall be always short in comparison of my long and endless prayers to God for your Majesty's health, content, anfl long happy life. At Lithgow, the llth January, 1606. Your Sacred Majesty's

Most humble and faithful Servitor, Th. Hamilton.*

• This letter gives a more lively idea of those times than an hundred Chronicles can do. We se» here the prime minister, in order to obtain a sentence agreeable to the king, address the judge* with promises, and threats, pack the jury, and then deal with them without scruple or ceremony, Jt is also evident, that the king's advocate disliked the proceedings as impolitic and odious, but that he had not resolution to oppose them. The detail of this trial and of its consequences, may be found in Spotswood and Calderwood. Lord Hailes' Memorials and Letters on the Affaire of Great Britain, during the reign of James VI.

JAMES VI. 311

have been mollified towards the imprisoned ministers, but he would listen to no intercession in their favour ; and while he appeared anxious to show that he did not consider all the 1606. papists as implicated in the treason — many of whom, he said, were " honest men," — he ungratefully, wantonly, and fool- ishly, in addressing the English parliament on the occasion, stigmatized his most faithful subjects, — the puritans, — whose cruelty he declared worthy of fire, because they would ad- mit no salvation to any papist.*

xxxiv. The king resolved to follow up this blow, ere the terror which he supposed it must have struck had subsided, by a more decisive measure in favour of episcopacy, than any he had yet attempted. He ordered a parliament to be as- Measures sembled, and dispatched his favourite minister, sir George ^Vin^e! Hume, now created earl of Dunbar, to secure the votes of piscopacy. the nobles, or in modern phrase, to manage the house. He executed his commission with dexterity, and by his intrigues, obtained a complete ascendency for the crown. The nobles of the first rank were now anxious to preserve the royal fa- vour ; and although decidedly averse to episcopacy, were afraid to offend the king, lest the grants of the church lands should be revoked. These Dunbar gained by the promise of a full confirmation, the prospect of immediate advantage rendering them averse to believe, — what they considered as gloomy forebodings, — that their compliance now, was only laying the foundation for future tyranny. A number of new temporal lords were created, from the monastic benefices secularized, termed lords of erections ; they durst not oppose the crown, who could easily have stripped them of their pos- sessions ; and the few indigent bishops, who, in opposition to the caveats, had consented to this illegal alienation of the church lands, were entirely at the king's devotion. The commons were more intractable, but the earl's art succeeded in overcoming even their scruples. The parliament met at Perth, August, 1606, and was the first that set an example of national servility. The royal prerogative was confirmed James de- without limitation, and the king acknowledged absolute clared h<;ad

of church

prince, judge, and governor, over all persons, estates, and and state. • K. James' Works, p. 503.

312 HISTORY OF SCOTLAND.

BOOK causes, both spiritual and temporal ; and by a flattery more like the degraded senate of Rome than a Scottish parlia- 1606. ment, all acts which might derogate from the royal authori- ty, if any such should in future be enacted, were previously declared null and void.

xxxv. Empty titles are, perhaps, the vainest of all human distinctions ; and the bishops had hitherto, although called to parliament, merely possessed the name, the church lands having been dilapidated by the nobles during the king's mi- nority ; and what remained, appropriated to the support of Act for re- the crown by the act of annexation. An act therefore was bishop^ introduced to restore the state of bishops to their ancient and lands, &c. accustomed honours, dignities, prerogatives, livings, lands, tithes, rents and estates, and to repeal the act of annexation. The chapters, which the general assembly had abolished, were at the same time revived. Though it is not easy some- times to account for the contradiction which appears in the conduct of individuals, that which is displayed in the acts of public bodies, has long been proverbial. It is not there- fore, surprising to find this parliament, by one vote alien- ating the royal domains, and by another, granting the king a subsidy of four hundred thousand merks, * more than double any former taxation, to be raised in four years. The bishops, as might have been expected, were among the foremost to support this, to the Scots, unusually heavy burden.

xxxvi. As the business which was to come before parlia- ment had been generally understood, the ministers repaired to Perth in considerable numbers, to endeavour, by every Opposition means in their power, to oppose it. They were sanguine in ml~ their expectations of being supported by the chancellor, — the earl of Dunfermline, — on account of a quarrel he had with Dunbar ; but Spotswood, archbishop of Glasgow, having represented him to the king as having had some dealings with the ministers, and that he had commended the assem- bly at Aberdeen, and their exertions in the cause of liberty, he, with considerable difficulty, escaped being brought to trial ; in consequence, to wipe away all suspicion, and re-

" Little more than 22,000 pounds sterling.

JAMKS VI. 313

cover the favour of his majesty, he now entered warmly in- BOOK to his schemes* The representatives of the burghs likewise, ^* from whom they expected assistance, and who at first pro- IQQQ, mised to stand by them, deserted to the royal standard. Left alone, they remained steady to the cause of the church and of the country.

xxxvu. No sooner did the ministers learn that the lords of the articles had under their consideration, the erection and endowment of bishoprics, than they desired to be heard, but were refused. They then gave in to them a protesta- They pre- tion, which was contumeliously rejected by the chancellor ^"t'to^he in their name, who, at the same time told them, that the Lords of bishops should be restored to the same state they were in sixty *lees . ' years ago. They, therefore, presented a copy to each of the estates, and to several noblemen. In it they reminded them of their sacred oath, and that even the king himself had solemnly sworn and subscribed repeatedly, together with the whole subjects of the realm, that confession of faith, in which was an engagement to prevent setting up the domi- nion of bishops, whom they denominated the first steps of the antichristian hierarchy, an ordinance of man, which the ex- perience of past ages had testified to be the ground of great idleness, palpable ignorance, unsufferable pride, pitiless ty- ranny, and shameless ambition ; they recalled to their re- membrance, the zeal they had formerly shown in the cause, and earnestly exhorted them not now to fall off. They then stated, that the bishops, when restored to a place in parlia- ment, were restored under especial provision, that nothing derogatory or prejudicial to the established church, her dis- cipline, or her jurisdiction should follow ; that the general assembly, fearing the corruption of the office, had circum- scribed and bound them by a number of caveats, and had not agreed even to the name, lest it should be supposed to im- port the pomp and tyranny of papal bishops, but ordered them to be styled commissioners for the church, to vote in parliament; and concluded, by solemnly protesting against the erection of bishoprics, or the establishment of bishops.

xxxvin. The ministers had now done every thing in their To the

, ,. , , , .parliament

power, except entering a public protest on the last day of

the parliament, — the day on which all the acts were finally VOL. in. 2 *

314

HISTORY OF SCOTLAND.

BOOK ratified, — and for this purpose they made choice of Andrew v' Melville, who with considerable difficulty obtained admis- ]606. sion ; but when he stood up to speak, he was ordered to be removed, and the petition was not allowed to be heard. He did not depart, however, until he had made the object of his mission known. Shortly after, they published what was called " a verification of the protestation ;" this paper is re- markable for the clear perception which is displayed in it, of the dangers that the re-establishment of a hierarchy in Scotland threatened ; and in a few years after it might, with little variation, have formed a historical record instead of a faithful warning. " Set me up these bishops once," say they, " called long since, the prince's led-horse, things, if they were never so unlawful, unjust, ungodly, and pernicious to kirk and realm, if they shall be borne forth by the coun- tenance, authoritie, care, and endeavour of the king, — sup- posing such a one, as God forbid, come in the roome of our most renowned sovereign, for to the best hath oft times suc- Verifica- cecded the worst — they shall be carried through by his tion of the bishops, set up and entertained by him for that effect, and the rest of the estates not onely be indeed as ciphers, but also beare the blame thereof, to their great evil and dis- honour. If one will ask, how shall these bishops be more subject to be carried after the appetite of an evil prince than the rest of the estates ? the answer and reason is, because they have their lordship and living, their honour, estima- tion, profit, and commoditie of the king; the king may set them up and cast them downe, give them, and take from them, put them in and out at his pleasure ; therefore they must bee at his direction, to do what liketh him; and in a word, he may do with them by law, [i. e. deal with them without regard to law,] because they were set up against law. But with other estates he cannot do so, they having either herit- able standing in their roomes by the fundamental lawes, or a commission from the estates that send them, as from the burgesses or barons. Deprave me once the ecclesiastical estate, which have the gift of knowledge and learning beyond others, and are supposed — because they should bee — of best conscience, and the rest will be easily miscarried; and that so much the more, that the officers of state, lords of session,

JAMES VI. 315

judges, lawyers, that have their offices of the king, are com- BOOK monly framed after the court's affection. Yea, let chancellor, ^' secratrie, treasurer, president, comptroller, and others that 1606. now are, take heed to themselves that these new prelates of the kirk — as covetous and ambitious as ever they were of old — insinuating themselves by flatterie and obsequence into the prince's favour, attaine not to the bearing of all these offices of estate and crowne, and to the exercising thereof as craftily, avariciously, proudly, and cruelly, as ever the papistical pre- lates did ; for, as the holiest, best, and wisest angels of light being depraved, became the most wicked, craftie, and cruell divells, so the learnedest and best pastor, perverted and poy- soned by that old serpent with avarice and ambition, becomes the falsest, worst, and most cruel man, as experience in all ages hath proved. If any succeeding prince please to play the ty- rant and governe all, not by lawes, but by his will and plea- sure, signified by missives, articles, and directions, these bishops shall never admonish him as faithful pastors and messengers of God, but as they are made up by man, they must, and will flatter, pleasure and obey man ; and as they stand by affection of the prince, so will they by no means jeopard their standing, but be the readiest of all to put the king's will into execution, though it were to take and apprehend the bodies of the best, and such, namely, as would stand for the lawes and freedome of the realme, to cast them into dark and stinking prisons, or put them in exile from their native land. The pitiful exper- ience in times past, makes us bold to give warning for the time to come, for it hath been seen and felt, and yet dayly is in this island ; and finally, if the prince be prodigal, or would enrich his courtiers by taxations, imposts, subsidies, and ex- actions layd upon the subjects of the realme, who have been, or shall be so ready to conclude and impose that by parlia- ment as these, who are made and set up for that and the like service 7'

xxxix. The prelates were not long in displaying to the nobles, that the predictions of the protesters were not alto- gether chimerical. On the first day of the parliament, ten bishops rode, two and two, between the earls and the lords ; Conduct but on the last, after the bill restoring them to their honours, of the had passed the estates, they would not ride unless they got their own place next the marquises, but went on foot to the

BOOK V.

1606.

Ministers called to

London.

HISTORY OF SCOTLAND.

parliament house. They were now restored to their hon- ours, titles, and in some measure to their incomes, yet still they had obtained no spiritual power in the church ; and as this could not be accomplished by a mere act of the legisla- ture, it was necessary to effect it through the medium of the church itself; but there were several members whose talents and influence were dreaded, whose integrity it was found im- possible to corrupt, and whose firmness neither threats nor persecution could bend ; these it was requisite to get remov- ed before any, even of the preliminary, steps could be pro- posed. They were, therefore, called up to London, by an especial letter from the king, under the pretence of holding a conference " to treat of matters concerning the peace of the church of Scotland ; and that his majesty might make the constant and unchangeable favour he had ever borne to all the dutiful members of that body manifestly known to them, by which means they might be bound in duty and in conscience to conform themselves to his godly intentions ; and if otherwise, after this more than princely condescen- any turbulent spirits should persist maliciously in un-

sion,

dutiful contempt of the royal authority, it would then be made manifest that the severity which he might be forced to use, was extorted from him against his nature by their obsti- nacy." These letters were addressed to Andrew Melville, James, his nephew, William Scott, minister of Cupar, John Carmichaelof Kilconquhar, William Watson of Burntisland, James Balfour of Edinburgh, Adam Coult of Musselburgh, and Robert Wallace of Tranent. On the part of the pre^ lates, were invited the two archbishops, and the bishops of Galloway, Dunkeld, and Orkney.

Conference XL. The meeting took place at Hampton court, and the subjects proposed by his majesty were : — The illegal assent bly held at Aberdeen, and the best means for obtaining a peaceable meeting of that judicatory, to establish good order and tranquillity in the church. The presence-chamber was crowded with nobility, and several English bishops and deans stood behind the tapestry, and at the doors of the apartment. The king was seated with the prince on his one hand, and the archbishop of Canterbury on the other. The bishops first gave their opinion, which was merely an echo of the king's ; they condemned the meeting as turbulent, factious,

JAMES VI. 317

and unlawful. The king then asked the ministers to give BOOK their opinions, beginning with Andrew Melville, and put the ^. question in a general form ; — Whether eight or nine minis- Ifio6> ters, meeting without warrant, and without either moderator or scribe, and informally without sermon, being also discharg- ed by open proclamation, could make an assembly ? Melville A. Melville replied : — That an ordinary meeting of a court, established Aberdeen* by law, could not be declared unlawful on account of its thin- Assembly, ness; and the members at Aberdeen were sufficiently numer- ous to prorogue the assembly to a future day, which was all they did, and all they had proposed to do. As to their war- rant, it was founded on the scripture, his majesty's laws, and the commissions they received from their presbyteries. The presence of a former moderator or clerk was not necessary to the validity of an assembly, for, in case of their absence, they might, according to reason and the practice of the church, choose others in their room. The charge of wanting sermon was false — one was preached by a minister of Aberdeen at the opening; and with regard to the alleged forbidding of the assembly on the day before it met — turning to Laurieston, who was the king's commissioner, he said, in a tone of the most impressive solemnity; — " I charge you, in the name His appeal of the church of Scotland, as you will answer before the to Laurie- great God, at the appearance of Jesus Christ, to judge the quick and the dead, to testify the truth, and tell whether there was any such discharge given." He paused for a re- ply, but Laurieston made no answer. The king relieved his convicted commissioner from penance, by desiring Melville to state the reasons why he would not condemn the minis- ters ? He answered, — That he would not prejudge the ques- tion. The rest of his colleagues also refused to pronounce, or to anticipate the sentence of their brethren, as the king, by proclamation, had remitted their trial to a general assem- bly. They were then asked, — What advice they would give for pacifying the dissensions raised in the church ? To which they unanimously replied, — A free general assembly. Be- Ministers fore they reached home, they were overtaken by a messen- ordered to ger, with a charge, commanding them not to return to Scot- London, land, nor to approach the courts of the king, queen, or prince, without special licence.

XLI. Unable to intimidate these intrepid men by public

318 HISTORY OF SCOTLAND.

BOOK exhibitions, it was next endeavoured to ensnare them by pri- • ' vate examinations. They were brought before the Scottish 1606 council, and asked whether they prayed for the imprisoned Their con. ministers, acknowledged their assembly, or approved their thfscot-*6 Reasonable declinature ; James Melville spiritedly replied, "I tish council, am a free subject of the kingdom of Scotland, that has laws and privileges of its own, as free as any kingdom in the world, to which I will stand; there hath been no summons lawfully execute against me ; the noblemen here and I are not in our own country; the charge, super inquirendis, was declared long since to be unjust; I am bound by no law to criminate or furnish an accusation against myself. My lords, remem- ber what you are ; though I be but a mean man, I am a true born Scottishman, and deal with me as you would be dealt with yourselves, according to the laws of the Scottish realme." He was succeeded by his uncle Andrew, who, in a still bolder strain, told the members of the council : — " That they did not know what they were doing ; and that they had degenerated from the ancient nobility of Scotland, who were wont to hazard their lives and lands for the freedom of their country and the gospel, which they were betraying and overturning."

Forced to xui. While thus forcibly detained in England, they were ship^the" obliged to attend at the chapel royal, where a series of dis- chapel courses were preached — with more warmth than argument — against the presbyterian form of church government, and in defence of episcopacy. To these they listened with at- tention, but they were not allowed to answer, neither when the sermons were delivered, viva voce, nor when they after- wards appeared in print; yet they do not appear to have ever been provoked to use any angry expression, although one of the episcopalian champions, in the height of his zeal addressed his majesty, and alluding to the order of his fet- tered opponents, repeatedly exclaimed ; — Down with them Down with them !

XLIII. When a person in power wishes to get rid of a troublesome inferior, it is easy to make or find an occasion for a quarrel. Never was this better exemplified than in the Festival of case of Andrew Melville. On the festival of St. Michael ehaei, " which was celebrated with much pomp, Andrew Melvilh and his nephew were ordered to be present. The musi

JAMES VI. 319

and the entertainments of the day were not much to the BOOK taste of the Scottishmen ; but the elder Melville viewed with _ V* peculiar abhorrence the decorating of the chapel, particu- 1607. tarty the altar, on which stood two shut books, two empty cups, and two unlighted candles.* After leaving the cha- pel they were conducted into the royal closet, where they saw the king touch several for the cure of the scrofula, thence called the king's evil.

XLIV. On returning to his lodgings, Andrew Melville gave 4* ^Iel-. vent to his indignation in the following epigram : gram <>„ "

the occa-

Cur stant clausi Anglis libri duo regio in ara, 8Ion'

Lumina caeca duo, pollubra sicca duo ?

Num sensum cultumque Dei tenet Anglia clausum,

Lumina caeca suo, sorda sepulta sua ?

Romano an ritu dam regalem instruit arain

Purpuream pingit religiosa lupam ?f

A copy of which having been surreptitiously obtained by the Called be- king, he was summoned before the English privy council, where he frankly avowed being the author of the lines, but de- nied having published them, or given a copy. Bancroft, arch- bishop of Canterbury, then pronounced the verses a libel on the church, and even thought they contained treason. Mel- ville, whose patience had been exhausted, vehemently broke in upon the archbishop's harangue. " My lords," exclaimed His de- he, " Andrew Melville was never a traitor ; but, my lords, e there was one Richard Bancroft — let him be sought for — who, during the life of the late queen, wrote a treatise against his majesty's title to the crown of England, and here" — pulling it from his pocket — " here is the book." Then ris-

* The prince de Vendome, who was present, said, he did not see what should hinder the churches of Rome and England to unite ; and one of his attendants said, almost in the very same words which king James had used in his famous eulogium on the kirk of Scotland : — " There is nothing of the mass wanting here but the adoration of the Host."

•f- The following old translation of them is given in Dr. M'Crie's Life of Melville.

Why stand there on the royal altar hie,

Two closed books, blind lights, two basins drie ?

Doth England hold God's mind and worship closs,

Blind of her sight and buried in her dross ?

Doth she, with chapel put in Romish dress,

The purple whore religiously express ?

320

HISTORY OF SCOTLAND.

BOOK ing in warmth, and advancing as he spoke, he shook the primate's lawn sleeves, calling them " Romish rags," and la- 1607. mented that such a man should have the ear of his majesty. In a similar strain of impassioned invective he attacked bi- shop Barlow, who came to the assistance of Bancroft ; and when a Scottish nobleman desired him to remember where he was, and to whom he was speaking, he replied : — " I re- member it very well, my lord, and am sorry that your lord- ship, by sitting here and countenancing such proceedings against me, should furnish a precedent which may yet be used against yourself or your posterity." He was then re- moved, and after the council had deliberated a little, recalled, Pronounc- when he was admonished by the chancellor, to add modesty cd guilty. an(j discretion to his learning and years, and told that he had been found guilty of scandalum magnatum.

XLV. For this trifling offence, if it can be called an offence, neither the genius, learning, services, piety, nor age, of the ve- nerable Melville, could procure a pardon. He was first com- mitted to the custody of Dr. Overall, dean of St. Paul's, and Sent to the afterward sent prisoner to the Tower, where he was confined lower. for four years< jjjs release was obtained through the interces- sion of the duke of Bouillon, who wished to place him at the Goes to head of the protestant university at Sedan ; but not without Sedan. considerable opposition from the queen regent of France, who was anxious to prevent such a man from settling in that coun- try. He was himself extremely desirous to return to his na- tive land, but all the interest that was used on his behalf was fruitless; and in the month of April, 1611, he embarked from the Tower of London for the place of his exile. Of his His death, late years not much is known. He died at Sedan, 1622, ai ter a laborious life spent in the service of literature, hi country, and the church. His nephew, James, a man of more mild and amiable disposition, was confined first t Disposal of Newcastle, and afterward in Berwick, within sight of his na iers' live country, which he was never permitted to visit. Th others were sent to Scotland, but restricted to separate an remote districts.

XLVI. This open breach of faith, and notorious act of op pression, it is impossible to stigmatize in language too strong The ministers were invited to an amicable conference, and t give their advice upon the state of the church, which whe

JAMES VI» 321

they had obeyed, they were insulted, imprisoned, and ba- BOOK nished, without a trial, and without even the imputation of a crime. Throughout the whole transaction there is a mean, 1607. pitiful vindictiveness, that, while it marks strongly a spirit of implacable animosity and personal revenge, places James and his counsellors in the most despicable point of view. At the same time, the noble, independent spirit of the plain, persecuted ministers, throws a lustre around their character, which shines with peculiar brilliance when contrasted with the low, sycophantish behaviour of their mitred opponents.* XLVII. The men, whose talents were most formidable, and whose influence was most dreaded, being thus disposed of, the bishops returned to be present at a convention of the Convention ministers of the church. This convention was summoned to ^J^™^™ consult with certain members of the privy council, upon the the king, remedies for bypast distractions, the best method for pre- venting the dangers arising from the great increase of pa- pists, for settling peace and good order in the kirk, and en- suring obedience to the royal authority. The members were nominated by the king, who, in letters addressed to the dif- ferent presbyteries, directed them to choose such persons as he knew would prove subservient to his will. The num- bers varied in the different presbyteries ; from some six, and from others only half that number were selected ; and, calculating upon the opposition of some of the presbyteries to this mandate, those named were, by private letters, com- manded to attend, whether they received commissions from their presbyteries or not. By this means about one hun- dred and thirty-six ministers were collected, several of whom had no commission from their presbyteries to vote, and some were even interdicted ; they, nevertheless, assumed the name and title of a legal assembly. It would still, per- haps, have been too rash a step to propose, even in a meet- ing constituted as this was, the complete establishment of episcopal jurisdiction. An overture was therefore laid be- fore them from the king, in which his majesty expressed his

* In this statement I have chiefly followed Dr. M'Crie, whose long account cf the conferences and treatment of the ministers in their London expedition, is not one of the least interesting passages in his able Life of Andrew Melville. VOL. III. 2 T

322 HISTORY OF SCOTLAND.

BOOK opinion, that the greatest cause of the misgoverntnent of V' church affairs was their being committed into the hands of 1607. ignorant and inexperienced men ; and declared it to be his "advice and pleasure, that one of the most godly and grave, and meetest for government, should presently be nominated as moderator of each presbytery, to continue in that office until the jars among the ministers were removed, and the no- blemen, professing papistry within the kingdom, either re- duced to a profession of the truth, or repressed by a due ex- ecution of the laws ; that the moderators should have an additional stipend of one hundred pounds,* and the bishops to be the moderators of the presbyteries within whose bounds they resided." Such was the overture, as originally propos- ed and carried ; but when published as an act of assembly, after it had been revised at court, it was found that the bi- shops were not only appointed moderators of the presby- teries within whose bounds they resided, but also perpetual Constant moderators of the provincial synods. The moderators, and

moderators tjje clerks of presbyteries, — also rendered permanent, and en- appointed. . r • , . . .

tirely dependent upon the bishops, — were declared to be of- ficial members of the general assembly. At the close of the assembly, an admonition was given to the brethren, to be- ware of speaking any thing unadvisedly against his majesty. It was afterward discovered, that a large sum of money had been distributed by Dunbar, in addition to all his other ar- guments, in order to attain his object.

XLVIII. When the assembly rose, the synods and presby- teries were charged to receive their constant moderators. A number of the presbyteries complied, but all the synods, Confusion except Angus, refused. They protested against the assem- ensues. bly as illegal, not having been duly elected, and demanded, at least, to see the act they were called upon to obey ; but not a copy of it, no not even an extract, could be produced, and they were required to take the mere word of the king's commissioner in its room. As this did not satisfy them, the ministers were sent to prison, or declared rebels, and forced to abscond for disobedience. The synods were in- terrupted, dispersed, and prohibited, and the whole land

• Scottish money.

JAMES VI. 323

was thrown into confusion by the intemperate violence BOOK with which the agents of government endeavoured to carry V> into effect an act they had not to produce, and which se- 1607. veral of the members of the Linlithgow convention con- tended was essentially different from their imperious man- dates.*

• As a specimen of the manner these men, who were constantly professing to seek the peace of the church, endeavoured to obtain that object, I subjoin an abstract of their proceedings at Perth, when they attempted to carry into effect the choosing of a constant moderator — a project, the sole end of which was to prevent confusion. Upon the first Tuesday of April the synod of Perth met. The comptroller, sir David Murray, lord Scoone, was present as commissioner, and his orders were, to pull the last moderator out of the pul- pit, if, in his opening sermon, he touched upon any of the late proceedings, particularly those of the convention held at Linlithgow. He chose for his text, Amos, chap. vii. ver. 12, 13. " Also Amaziah saith unto Amos, O thou seer, go, flee thee away into the land of Judah, and there eat bread, and pro- phesy there : but prophesy not again any more at Bethel ; for it Is the king's chapel, and it is the king's court," and it was with difficulty the commis- sioner was prevented from laying violent hands upon him. In the afternoon they met, and were proceeding quietly to choose their moderator, when Scoone entered, and stopped them, because they had not waited till he pro- duced his commission. They told him : — If he had a commission from the king or council, it was the duty of the new moderator to receive it. The commissions were then read, desiring them to choose a constant moderator from a list of four, sent according to the act of the assembly at Linlithgow. The synod requested a sight of the act, but no act could he produced, and several of the members who had been at Linlithgow, asserted : — That they heard nothing mentioned in the convention about the moderators of synods. Scoone threatened to dissolve the meeting if one of the four were not chosen ; often repeating : — Ye shall not make a Laurieston of me ! This they told him they could not do, for one of them was dead, another unfit by disease, the third refused to accept, and the fourth had entered by violence against the protestation of the presbytery. The commissioner still insisting, the synod said it was hard to be desired to obey an act which could not be produced ; which fourteen of their number, who had been at Linlithgovv, de- clared upon their consciences was never proposed, either in private confer- ence or public meeting, especially as it was against the acts of assembly, and the discipline which the king and the whole estates had sworn and subscribed. They therefore proceeded, notwithstanding the opposition of the commission- er, who raged violently, and chose a moderator according to their usual legal method. Mr. Henry Levingston, who was chosen, was then desired to take his place ; Scoone threatened him, if he dared, and rose to resist him by force. The moderator gave way, and going to the middle of the table, said meekly : " Let us begin at God, and be humbled in the name of Jesus Christ." The commissioner, on seeing his threatenings disregarded, struck bis breast, and roared out in an infuriated tone . " The devil a Jesus is here,"

324 HisroiiY OF SCOTLAND.

BOOK xxix. Had James, instead of endeavouring to enforce a uniformity in religion, and establish his power on the wreck 1607. of the church, turned his attention seriously, now that he had the means, to enforce obedience to the laws; had he dropped his favourite apothegm, — " No bishop, no king," and adopted in its place, — " No law, no king ;" his name might have still been fondly cherished in his native country, and the crown of Britain have descended in peace to his pos- terity ; but he continued to pursue his mischievous plans, and to create fresh dissensions in a country the prey of he- reditary feuds, which nothing but a strict, unrelaxed ad- ministration of justice could have repressed. The privy State of the council had successfully interposed in procuring a temporary country, accommodation among some of the principal families, but still they were unable to prevent the terrible effects of pri- vate revenge. The earl of Crawford had assassinated sir Walter Lindsay, his own relation, and afterward continued to reside in Edinburgh openly, and in defiance of the law ; till David, sir Walter's nephew, collected an armed force to avenge his death, and lord Spynie, their mutual uncle, a nobleman of great promise, interposing, was unfortunately slain. The earl of Morton, and lord Maxwell, having both pretensions to hold courts in Eskdale, when neither would submit, they prepared to appeal to arms, on hearing which the council charged both to disband their forces. Morton

upset the table, and covered those who were kneeling near it with the green cloth ; but the immoveable moderator proceeded with his prayer, and be- sought the Lord to be avenged on the blasphemy of his name, and contempt of his glory, trampled under foot by profane men. The commissioner then with- drew, and sent an order to the bailies to dismiss these rebels. The bailies replied : — They could not do so on their own authority, without a meeting of the town council. Their next meeting, however, was prevented from being held in the church, as the doors were locked. The people, who had assembled in great numbers weeping, cursed the instruments of that disturbance, and Would have proceeded by violence to break open the doors, but the ministers restrained them, and the meeting was held in the open air, the zeal of the citi- zens quickly furnishing every accommodation in their power. This, said the mo- derator, is the fruit of the convention at Linlithgow. After the commissioner was gone, the business was finished quietly ; but the moderator of the former synod was put to the horn, and forced to abscond, because a minion of the crown had raised this disturbance — Caldervvood, p. 56 — 7.

JAMES VI. 325

obeyed, but Maxwell still persisting, he was by some means BOOK apprehended and lodged in Edinburgh castle. After two months' confinement he contrived to make his escape. In 1607. consequence, he was proclaimed an outlaw, and owed his safety to the fidelity of his domestics and friends. Rendered desperate by his situation, and being unable to procure sa- tisfaction for his personal injuries in a court of justice, he ders John determined to avenge his own quarrel. Having invited the Eton- chief of the Johnstons, who had killed his father, to a friend- ly interview, under pretence of employing his interest to procure the king's pardon, he treacherously murdered him, by sending a brace of bullets through his back.

L. In the summer of 1605, the scheme of colonising Lewis was resumed, and Lumsden of Airdrie, and sir George Hay of Netherliff, to whom some of the original projectors had made over their right, went thither in the autumn to put it into execution. With the assistance of M'Kay and M'Ken- zie they obliged a number of the inhabitants to remove from the island, and give hostages not to return.* Having ac- complished this, and thinking they had secured possession, the leaders left a force, such as they conceived sufficient to maintain it, and returned south. The colonists, although Last at. occasionally assaulted by the islanders, kept their position Co^nigel°iie all winter. In the spring Airdrie returned to them with Hebrides, supplies, and they immediately began to build, manure the lands, and prepare for a permanent establishment ; but the funds beginning to fail, the soldiers deserted, and the exiled natives, assisted by a number of the neighbouring islanders, made an invasion about the end of harvest, and by continual skirmishing, so wearied out the new possessors, that they were glad, for a small sum of money, to make over their rights to the chief of the clan M'Kenzie. During this year the project was again revived, and the islands were now offered to the marquis of Huntly, Lewis and Sky except- ed, for ten thousand pounds Scots ; but he refused to give more than four hundred, for liberty to subdue what he was uncertain whether he might be able to retain. The negoti-

* Gi'dervvood, p. 537. Spotsvvood, p. 496.

326 HISTORY OF SCOTLAND.

BOOK ation was broken off, and we hear no more of James' at-

' tempts at reducing the Hebrides.*

1607. LI. More severe and effectual measures were taken with the borderers ; the most desperate, and those who were most Extirpa- dreaded were carried to the continent by Buccleugh, where borderers. tne greater part fell in the Belgic wars. The remainder, unable to resist, and unwilling to rest, were extirpated by the cruel policy of the earl of Dunbar; and the debatable lands, which had hitherto afforded the freebooters an asylum, were divided and appropriated to each kingdom. Yet many years elapsed ere they were brought under a pro- per subjection to the laws, and the thieves of Annandale, till the labours of the persecuted ministers, after the restoration, introduced among them a knowledge of religion and mora- lity, continued to harass and rob the western borders.

LII. A meeting of the estates was this year held, to for- ward the political union with England, and they appear to have been sufficiently obsequious ; but the English parlia- ment not proving quite so manageable, the project was at that time laid wholly aside ; and it is worthy of remark, and Another it ought to endear to every Briton, the invaluable rights and privilege of a free parliament; that while the political union

fails. of the two kingdoms was discussed, — and that with a consi- derable degree of jealousy and asperity on both sides, — in the high councils of England and Scotland, even as then consti- tuted, no proscriptions, imprisonments, or exile, was the consequence ; while the uniformity in church discipline, which was urged by prerogative alone, was carried on with a relentless cruelty, which eventually and justly proved fatal to the race of the Stuarts.

LIII. About this time the hopes of the nation and the court were raised high, by the discovery of a silver mine in the neighbourhood of Linlithgow. Some specimens were of the richest kind, yielding, from one hundred ounces of ore, about sixty ounces of silver. But James disgusted the Scots, by ordering the produce of the mine to be conveyed to Londo

* It was a strange idea to employ the savages of Badenoch to civilize the barbarians of the Western Isles, and at a time when the government was pic fessing a strong hatred at popery, to sell them to a papist,

JAMES VI. 327

to be refined in the Tower, and was himself soon disappoint- BOOK ed, the vein being speedily wrought out or lost. The gold _ mines of Crawford muir were also resumed with similarly 1607. extravagant expectations, and similarly insignificant results. They repaid an expense of three thousand pounds, by a pro- duce of not quite three ounces of gold.

LIV. It would be as tiresome as useless to repeat all the protestations and promises of the king and the bishops, re- specting their desires for peace, and their aversion to en- croach on the liberties of the church, or overthrow her dis- cipline ; in every instance they were broken ; and the low cunning, the falsehood, the dissimulation, the cruelty, and the injustice of their proceedings, might have remained an unparalleled stain upon our history, had not the atrocious reigns of Charles II. and his brother outdone them in iniqui- ty. The appointment of the constant moderators had upon James re- trial been proved to be obnoxious to the people and the mi- ^esTabiish nisters, when uninfluenced. The king, who foresaw this op- constant position, and pronounced that in many places it would be^fg™^0" conscientious, desired force to be used.* But the bishops employed a more powerful and less invidious instrument. A number of the ministers were in extreme poverty, and the bishops had obtained the power of regulating their stipends ; The bi- nor could they even procure what was allotted to them until policy, they, and the constant moderators, gave a warrant to that ef- fect ; and Calderwood laments the sad, but natural influence which this had upon many of the weaker brethren. f The

* " As touching the conclusion taken for the constant moderators, his ma- jesty did thank them for their travels ; but whereas they were of opinion that the act should be universally received— for so much the assembly had written — he said that he knew them too well to expect any such thing at their hands. Their consciencious zeal to maintain parity, and a desire to keep all things in a continual!, constant volubility, he said, was such as they would never agree to a settled form of government Besides, he knew that divers of those who were nominated to the places of moderation would refuse to accept the same, lest they should be thought to affect superiority above their brethren : that therefore he would have the council to look to that business, and direct charges as well for those that were nominated to accept the moderation, as to the mi- nisters of every presbytery to acknowledge them that were nominated." — Spots- wood, p. 503. What a tribute to the disinterestedness of the " sincerer sort of the ministrie," extorted from an enemy !

f Calderwood, p. 575.

328 HISTORY OF SCOTLAND.

BOOK bishops, besides, in their private interviews, urged the folly of contending with the king, whose intentions they affirmed had been greatly misrepresented ; and from the circumstances of dependence in which the ministers were now placed, their arguments were heard with a less scrupulous ear, than in other situations they would probably have been.

LV. Whenever any new aggression was to be made upon the church, the attention of the ministers was always directed to the prevalence and danger of popery ; and the marquis of Huntly was made use of by the court to keep them in alarm or employment, while the measures were in preparation Ttcir fin- which it wished to forward. As it was an object of import-

esse to pro- 1-1 • r 111-1111

cure an as- ance to obtain the sanction or an assembly, which had the

sombly. show of legality, to the proceedings of the convention at Lin- lithgow, the bishops raised the usual cry ; and availing them- selves of the feelings it gave rise to, represented the neces- sity of harmony among the professors of the protestant faith in the time of danger, and of a meeting of the general assem- bly, to devise the most effectual means for resisting popish intrigue. Previously to which, however, a conference was held at Falkland, where it was agreed to leave the ques- tions relative to church government untouched till the next general assembly, and that then nothing should be introduc- ed which might engender strife ; but that all matters of con- troversy should be left to a select committee for their private discussion. 1608. LVI- The assembly met at Linlithgow, July 26th. It was

It meets, composed chiefly of such as had been influenced by the bi- shops, besides about forty noblemen and gentlemen, whom the king had ordered to be there, and who, although not

Huntly ex- members, claimed a right to vote. A sentence of excommu- nicati°n was pronounced against Huntly ; but the main ob- ject was to obtain an insidious truce, under the fascinating names of peace and accommodation, that during its continu- ance, the prelates might pave the way for their complete es- tablishment. They knew that the men who were opposed to them feared an oath, and would keep it sacred, while they were under no such scrupulous restraint. After many pro- fessions of mutual regard, it was agreed, for want of time — • as was alleged — to leave what related to discipline and po-

JAMES VI. 329

lity to be settled by a select number of individuals, and the BOOK whole members promised upon oath to lay down all rancour and distraction of heart and affections, which either of them 1608. had borne against other in any time by-past, and be reunited ^in"8 r€ and reconciled in hearty affection ; and to abstain in the mean discipline, time in public and private from reviving the dissensions by toVcxHn^' their disputes, or, as Calderwood phrases it, by " word, deed, mittee or countenance." On their return home, they were to re- commend the same to their presbyteries, and all the contra- veners of this amicable arrangement were to be liable to the censure of the synods. A commission was also appointed to correspond with the king, and in it was included all the bi- shops. At the conclusion of the assembly, a motion was intercede

made to request the commissioner, and those who were to forthepro- , ii- > c i secuted mi-

go to court, to implore the king, in name of the assembly, nisters.

to grant the banished and confined ministers their liberty.

LVII. Men without guile themselves, are the most liable to be imposed upon by low craft and self-interested cun- ning, especially when it is veiled under professions of kind- ness and of fair dealing. The ministers allowed themselves to be completely duped. The bishops, at the very moment Deceit of when they were chanting: " Behold how good a thing it is tneblsh°P5 for brethren to dwell in unity,"* were preparing memorials to the king, to urge him to the prosecution of the refractory ministers, and complaints against the leniency of the council.

LVIII. Previously to the meeting of the Linlithgow con- vention, 1606, Mr. Welsh and his companions were carried from Blackness to Leith, in the month of November, in the evening, to embark for the place of their banishment ; but on their arrival, owing to some delay, accidental or intend- ed, the master of the vessel was not ready at the time, and Mr. John Murray, minister at Leith, received them into his house, and hospitably entertained them till two o'clock in the morning, when they were called upon to go on board,- and he accompanied them to the beach, where numbers were waiting to take a farewell of their revered preachers. Hav- ing prayed, and sung the xxiii. Psalm, they went into the boat that was waiting, and left that land which some of them were

• The general assembly closed by singing the cxxxiii. Psalm. VOL. in. 2 u

330 HISTORY OF SCOTLAND.

BOOK destined never more to revisit, attended by the blessings of the V' assembled multitude. Murray's Christian charity was a crime 1609. which these pleaders for brotherly love could never forgive. Proceed- For this, and some other frivolous causes, he was summoned before the privy council, and strictly examined, but dismiss- ed. The prelates, not satisfied, represented the case to the king, and Murray was imprisoned in Edinburgh castle ; but because this was too near his old parish, and too comforta- ble, they now requested his majesty that he might be sent to some more distant province. They, at the same time, in- structed their agent, Gavin Hamilton, bishop of Galloway, to apologize for their agreeing to supplicate for the confined ministers, from the circumstances in which they were placed ; and to show that they were sincere in their enmity, enjoined him to urge his majesty to send orders to the council, to re- mit nothing of the rigour of their confinement, unless they humbly acknowledged their faults, which Hamilton was to Bishops' dwell upon as chiefly committed against his majesty's prero- the king, gative. They also insinuated that the temporalities granted to the lords of erections should be reclaimed ; that all pre- sentations to vacant churches should revert to his majesty ; that they should be admitted to seats in the court of ses- sion ;"* and they conclude, by recommending a general or- der to be sent for the disarming of the country — a proposal which ought to have opened the eyes of government to their critical situation, and convinced them of the misrule which could render such a proceeding necessary. A well governed people may at all times be trusted with weapons ; it is only when maladministration has spread misery and discontent that rulers need resort to so ungracious a measure. Oath of al- Llx- Immediately after the discovery of the gunpowder legiaiicere- treason, an oath of allegiance was demanded from all Eng-

fllllTPn.

lish subjects, particularly papists, in which they were re- quired to abjure the power claimed by the pope of deposing kings, and disposing of their kingdoms ; and, what seems constantly to have haunted James : " That damnable doc- trine, that princes which be excommunicated may be law-

* Memorial by the bishop?, to be proposed to his most excellent majesty. Calderwood, p. 602

JAMES VI. 331

fully murdered by their subjects, or any olher whatsoever.11 BOOK The pope, in two breves, strictly forbade any of the Roman catholics to take the oath, and cardinal Bellarmine wrote a 160g letter to the Romish archpriest, Blackwell, who had taken it, Roman ca- exhorting him to repentance, and steadfast adherence to his bid uptake spiritual allegiance, even although he should suffer the crown it. of martyrdom. To counteract the effect of these dangerous publications, James wrote a reply, entitled, Triplici nodo Triplex cuneus, or an Apologie for the Oath of Allegiance, as an Answer to the Breves, &c. In about half a year, Bellarmine answered the royal disputant under the name Of fames'con*

J " ™ troversy

Matthoeus Tortus. In it he accused James of deceiving the with Bel- Roman catholics, and of having departed from these prin- ciples of toleration which he had professed ; asserted that some of his officers of state had given the pope and car- dinals reason to hope that he would profess himself a ca- tholic when he came to the throne of England ; that he had himself written letters full of courtesy to cardinals Aldo, Brandino, and Bellarmine ; and what was the most serious of all, he had written a letter with his own hand to pope Clement VIII. soliciting a cardinal's hat for the bishop of Vaison. This letter, which both James and his secretary had solemnly denied any knowledge of f_vide page 2563 when questioned by Elizabeth, and which, from that time, had re- mained unnoticed, being thus brought forward in the face of Europe, could not now be answered by the royal nega- tion. Lord Balmerino, who was then at court, was asked by the king : — If any such letter had been written at any Balmerino time ? He reminded his majesty that such a letter had been je(]^s thc

written by his majesty's own knowledge; but perceiving that letter to i • i • i i • • i- i c i i the pope,

this was a subject the king was inclined to forget, he chose

rather to throw himself upon the king's mercy than stand upon his defence ; and humbly entreated his pardon, as what he had done was with the best intentions, to purchase the pope's favour, and forward his claims upon England. He was afterward examined before the privy council, where it is said he confessed that he had written the letter without the king's knowledge, and presented it, among other papers, for signature to his majesty, who subscribed it without a per-

332 HISTORY OF SCOTLAND.

BOOK usal.* Balmerino himself, however, in his narrative asserts, ^' that the king was not ignorant of the correspondence with 1609. Clement, nor was he averse to it, only he hesitated about conceding to the pope his apostolical titles ; but when he — the secretary — had affixed them, and presented the letter along with other despatches to different cardinals, he signed it without hesitation ; and this narrative, which bears an air of truth, coincides with the answer he gave James when first questioned on the subject. But it was necessary that the character of a protestant king, notwithstanding he gloried in a popish title, " Defender of the Faith," should be free from any imputation of holding a correspondence with the pope ; and Dunbar and Spotswood were bent upon the se- cretary's ruin. After much art and intrigue he was induc- ed, upon a promise of his life being spared, and his estate secured, to acknowledge that the letter had been surrepti- tiously obtained, after the king had refused to have any in- tercourse with the Roman pontiff.

LX. He was early next year sent to Scotland to stand trial, and after being exhibited in Edinburgh as a spectacle, in a public procession to his place of confinement, he was deliv- ered to lord Scoone, who conveyed him with a guard of horse to Falkland prison ; whence, after a month's confine- ment, he was carried to St. Andrews, to appear before the Tried.— court of justiciary. He was accused of having acted trea- found guil. sonabiy an(j undutifully, to the disparagement of his ma- jesty's honour, life, crown, and estate. In answer, he re- peated his former declaration, and was found guilty upon his own confession ; but no sentence was pronounced till the king's pleasure should be known. After trial he was car- ried back to Edinburgh, where he received, by the king's orders, the doom of a traitor ; but the previous promise was Pardoned, kept ; he received a pardon, and after being imprisoned for some months in Falkland, he was permitted to retire to his His death estate. He died in about two years after. He was a man — charac- possessed of excellent talents for public business, and at

ter.

* Spotswood, p. 508. The archbishop was his decided enemy, of course his testimony is liable to suspicion.

JAMES VI. 333

first favoured the schemes of the king; but when he per- BOOK I ceived the encroaching spirit of the prelates, he silently en- ^< deavoured to counteract their influence. He prevented 1609. their obtaining seats in the court of session, of which he was president ; and, perhaps, it was to that, and his opposing the restitution of the church lands, that he owed the enmity of the clergy, and that his character has been handed down to us as stained by insatiable avarice ; as his integrity on the bench, in opposition to the secret influence ofDunbar, in all probability hastened his disgrace.

LXI. The parliament, which had been repeatedly proro- A parlia- gued, at last met in the end of June, and the bishops, who™ had received a " new light" during the pernicious truce, now fully convinced of the scriptural authority of prelacy, vode in great pomp to the opening of the session, the arch- bishops before the earls, and the rest of the bishops before the lords. At this meeting, the commissary, or consistorial courts, which had been taken from the clergy at the refor- mation, as inconsistent with the ministerial office, were re- stored to the bishops, and all spiritual and ecclesiastical Bishops

causes which occurred within their dioceses, were ordered fully re~

11 • -i i i i • • • stored.

to be determined by them or their commissioners. An act

also was passed, respecting the dresses of the judges, magis- trates, and churchmen, the regulating of which was referred to his majesty, that he might display his royal taste in the cut and colour of the official garments. Patterns accordingly were sent from London not long after, for the apparel of the lords Act regn- of session, the justices, and other inferior judges, for advo-'atin£ *he cates, lawyers, and all that lived by that profession, and judges, command was given to every one whom the statutes con-cler£y' &<x cerned, to provide themselves in the habits prescribed, un- der pain of rebellion ! But the greatest anxiety appears in providing proper raiment for the dignified clergy ; I quote the act. " Considering what slander and contempt have arisen to the ecclesiastical estate of this kingdom, by the oc- casion of the light and indecent apparel used by some of that profession, and chiefly these having vote in parliament, it is therefore statuted, that every preacher of God's word, shall hereafter wear black, grave, and comely apparel, be- seeming men of their estate and profession ; likewise, that

334 HISTORY OF SCOTLAND.

BOOK all priors, abbots, and prelates, having vote in parliament. _ and especially bishops, shall wear grave, and decent appa- 1C09. rgl» agreeable to their function, and as appertains to mei of their rank, dignity, and place." The conclusion is ex- quisitely ludicrous. " And because the whole estates hum- bly and thankfully acknowledge, that God of his great: goodness, has made the people and subjects of this coun try so happy as to have a king reign over us, who is most godly, wise, and religious, hating all erroneous and vain superstition, just in government, and of long experience therein, knowing better than any king living, what apper- tains, and is convenient for every estate in their behavioui and duty, therefore, it is agreed and assented to by the saic estates, that what order so ever his majesty, in his great wisdom shall think meet to prescribe for the apparel o churchmen, the same being sent in writ by his majesty to his clerk of register, shall be a sufficient warrant to him for in- serting thereof in the books of parliament, to have the strength and effect of an act."

LXII. Soon after the parliament rose, Spotswood was creat- ed an extraordinary lord of session ; which was the more ob- noxious, as his father, the venerable superintendant of Lo- thian, had procured a declaration from the general assem- bly, that the ministerial function was incompatible with the discharge of any civil office. But the design of re-intro- ducing ecclesiastics to the court of session, was laid aside on the institution of a new tribunal, which conferred on them power almost equal to what the Spanish inquisition possess- 1610. ed. The king, in virtue of his prerogative alone, issued a high com- commission under the great seal, to the two archbishops o mission in- St. Andrews and Glasgow, authorizing them to hold it their respective cities, courts of high commission, to call be- fore them, at such place as they should think meet, any per- sons within the bounds of their provinces, and take cogni- zance of their lives, conversation, and religious opinions and if found guilty or contumacious, to punish them by fine imprisonment, or excommunication, which they were em- powered to command the preacher of the parish where tin offender resided to pronounce ; and in case of his refusal o delay, they were to call him before them, and punish his

JAMES VI. 335

disobedience by suspension, deprivation, or imprisonment. BOOK In these commissions, a number of noblemen and gentlemen V. were conjoined with the archbishop and bishops, but this ieio. was a feeble protection against the illegal institution, as the archbishop with four, made a quorum, and he could at any time summon four devoted to his will, while the nobles, or Their de- such as might have opposed his proceedings, were engaged sP°tlc in other avocations ; but they could form no court without the presence of the archbishop. The jurisdiction of these courts was as extensive, as their power was despotic, it reached to every rank, and from their decisions there was no appeal. Schools and colleges were subjected to their vi- sitations.

LXIII. Possessed of such extensive powers, as lords of the high commission, lords of parliament, council, exchequer, session, and regality, constant moderators of presbyteries, latrons of benefices, and commissioners of the general assem- ily, the authority of bishops in the church became irresistible; md they thought they might now venture to call a meeting Bishops de f her once formidable high judicatory, and submit the ques- ion of episcopacy to their determination. In a common let- er sent to the king, requesting him to call an assembly, they Dromised to be answerable to his majesty for the perform- ance of what they undertook; and assured him the minis- ers, even the most refractory, would suffer things to pro- seed, and be quiet, because they could no longer strive. The assembly was, in compliance with their wishes, appoint- sd to be held in Glasgow, in the month of June, 1610; but Itisap- rtill, although the most able of their opponents were banish- be'held at ed, imprisoned, or confined within their respective parishes, Glasgow hey durst not trust the remainder with a free election. His majesty, in missives sent the different presbyteries, nominat- ed the persons they should appoint as members ; and the James se. archbishops sent circulars along with them, exhorting them lect3 the

,. , . iii- members.

to obedience, and "not to provoke the kings majesty to wrath, without any necessary occasion." The earl of Dun- Dar was sent down as king's commissioner, and with him three English doctors, to consult and arrange the business that was to be brought before the assembly. With these injunctions, the greater part of the presbyteries complied,

386 HISTORY OF SCOTLAND.

BOOK and an assembly, composed of the bishops, the constant mo • derators, and the representatives of presbyteries, met at tin: 1610 appointed time.

LXIV. From a body so composed, no opposition to tht measures of the court was either expected or received. The convocation of general assemblies was declared to be i branch of the royal prerogative, and the assembly held at

The Aber- Aberdeen, 1605, pronounced unlawful. The constant mo-

deen as- . .

scmbly de- deration ot the provincial synods was confirmed to the bi-

clared llle' shops, and no sentence of excommunication or absolution could be pronounced without their permission. All presen- tations were to be directed to the bishop of the diocess, by

Powers whom the presentee was to be tried ; and in cases of deposi-

conferred . .

onthebi- tion, he was to sit in judgment, and pronounce sentence 01 shops. tjje delinquent. Every minister at his admission, was or- dered to swear obedience to his majesty and his ordinary j" the visitation of the clergy within their diocess, was likewise

* The following was the form of the oath, which is in essence an oath o supremacy, and was made explicitly so in the ratification by act of parliament I, A. B. nominated and admitted to the church of D. utterly testify, and de clare in my conscience, that the right excellent, right high, and mighty prince James the sixth, by the grace of God, king of Scots, is the only lawful s preme governor of this realm, as well in things temporal, as in the consen tion and purgation of the religion ; and that no foreign prince, prelate, state, potentate has, or ought to have any jurisdiction, power, superiority, pre-em- inence, or authority, ecclesiastical or spiritual, within this realm ; and there fore I utterly renounce and forsake all foreign jurisdictions, powers, superior- ities, and authorities, and promise, that from this time forth, I shall and wil bear faith and true allegiance to his highness, his heirs, and lawful successors, and to my power, shall assist and defend all jurisdictions, privileges, pre-em- inences, and authorities, granted and belonging to his highness, his heirs, anc lawful successors, or united and annexed to his royal crown. And farther, ] acknowledge and confess to have, and hold the said church, and possessions o the same, under God only, of his majesty and crown royal of this realm, and for the said possessions, I do homage presently unto his highness in your pre- sence, and to his majesty, his heirs, shall be lawful and true. So help me God. Calderwood, p. 632. He remarks, p. 638, that the words, " to his ordinary,' appear an interpolation in the register. In the ratification, the terms, conser- vation and purgation of religion, were exchanged for, " in matters spiritual and ecclesiastical, as in things temporal."

Subjoined to the oath of submission to the king, a clause promising obedience to the ordinaries was likewise interpolated by the parliament. I, A- B. admit- ted to the church of D. promise and swear to D- bishop of that diocess, obedi- ence, and to his successor in all lawful things. So help me God-

JAMES VI. 337

conceded to the bishops. By way of salvo it was added, HOOK that in the exercise of discipline, the bishops were to be as- sisted by the ministers within the bounds, — all mention of 1610. the hated word presbytery, being carefully avoided,— and that they were to be subject in all things, life, conversation, office, and benefice, to the censures of the general assembly 5 and if found culpable, they might be deprived, with his ma- jesty's advice and consent. But, as if convinced of the frail- ty of their cause, and knowing the aversion of the people to their order, it was forbid to any minister, either in the pul- pit, or in public exercise, to argue against, or disobey the acts of this present assembly, under the penalty of depriva- tion ; and particularly, that the question of equality or ine- quality in the ministry, should not be discussed in the pul- pit under the same forfeiture. The assembly had consented to use the terms, ministers within the bounds, in the full un- derstanding that presbyteries were meant, but the earl of The king'6 Dunbar announced that he had his majesty's orders to abo- ^ abolish lish presbytery by proclamation. At this, the members, who presbytery, had allowed themselves to be cozened out of the most import- ant rights of presbyterianism, when the intention was openly avowed without circumlocution to take away the lesser, evinced by their unusual alarm and grief, that their affec- tions were still placed on that mode of church government ; the whole assembly therefore entreated the commissioner to desist from making that proclamation, for some time at least, till his majesty should be informed of the proceedings of that assembly. To this he consented, at the request of some Delayed. noblemen, who promised to intercede with his majesty, that he should be blameless for the delay, and who had probably been instructed before the meeting, in the part they were to perform. When the assembly broke up, the bishops were loud in their praises of unity ; but besides the artifice and falsehood which had been used, it cost his majesty not less than forty thousand merks, as arrears of stipends to the mo- derators, and as travelling expenses to the others, particular- ly the north country ministers, to accomplish this desirable end. The powers now granted to the bishops were after- ward confirmed by act of parliament, but all the restraining pendent of clauses were abolished — they were freed from the jurisdiction VOL. in. 2 x

S38 HISTORY OF SCOTLAND.

BOOK of the general assembly, and rendered accountable only to * the king.

1610< LXV. The assembly and parliament had conferred upou the Scottish bishops, all the honour and power they had to bestow, but to imprint that indefinable, indelible sanctity of character, which is communicated by the imposition of a true bishop's hands, was beyond the reach of humble presbyters ; they had not themselves received it, the fathers of their church despised it, and as it could only be obtained through the polluted channel of Rome, thought they were fully as well without it. The English bishops were more highly fa- voured. Although they had withdrawn their allegiance from the papal see, they could boast of having derived their conse- cration from that only ancient, true, though corrupted church ; and through her could trace their spiritual pedigree up to the

Clerical apostles, to whom the sacred trust was originally committed. cra" As the legitimate, though disowned heirs of this succession, they assumed the exclusive right of dispensing the divine in- stitution of ordination to the inferior clergy, and consecrating and setting apart their brethren to the higher offices. James had adopted the views of the English bishops upon this sub-, ject, and soon after the assembly at Glasgow was dissolved, called the archbishop of Glasgow, and the bishops of Bre- chin and Galloway, to court, as they were still deficient in this great requisite. At their first audience, his majesty told them that he had, at great expense, recovered the bishop- rics,* but could not make bishops, nor were there any per- sons in Scotland who could. He had, therefore, sent for them to England, that being consecrated themselves, they might at their return, give ordination to their brethren. The archbishop stated some scruples, lest his church might per- haps suppose this a mark of subjection to the English, as the archbishops of York and Canterbury had formerly laid claim to clerical superiority ; but his majesty was prepared for this, and had provided against it, by appointing the bi- shops of London, Ely, and Bath, to officiate, none of whom had ever made any such pretensions. But the bishop of Ely

* The king bought back the alienated lands and revenues for a sum, calcu- lated at above 300,000 pounds sterling.

JAMES VI.

339

started a more formidable objection, the Scottish bishops had BOOK never received any ordination from a bishop, and therefore, must first be ordained presbyters. The archbishop of Can- 1610. terbury resolved this doubt, by remarking, that when there were no bishops, ordination by presbyters must be held va- lid, otherwise it might be doubted, if there were any law- ful vocation in a number of the protestant churches. The bishop of Ely acquiescing in the observation, the three Scottish bishops were regularly invested with the apostoli- cal character, and despatched to their own country, to com- municate a similar sanctity to their unconsecrated priest- Scottish hood. Episcopacy was now triumphant, but the lowest pres- c0nh^ated byter who had preserved his integrity, had no reason to envy at London, the triumph.

LXVI. In reviewing the means by which this was accom- plished:— the perjuries of the king and of the prelates, the persecutions — prelacy, both in England and Scotland, as a creature of the state, was introduced by force, and secured by persecution — the dissimulation and the bribery, the utter contempt for every principle of civil liberty, and the open avowed support of the most tyrannical measures ; or the consequences : — the complete subversion of all that was Reflec- free in the Scottish constitution, and the establishment ofu unlimited despotism in the hands of the king and the priests, it is obvious, that the determined opposition the hierarchy encountered from our forefathers, so far from springing from a dark and gloomy fanaticism, arose from a hatred to that tyranny which oppressed them ; and a rational predilection to that form of ecclesiastical government, which was en- deared to them by the friendly assiduities of their ministers, from whose affectionate labours and kindly intercourse they received instruction in health, and consolation in times of sickness or distress. The presbyterian minister forms a connecting link in society between the lowest and the high- est, he is the almoner of the rich, and the advocate of the poor; while the prelate's rank, state, and income, which place him on a level with the peers of the realm, preclude that in- tercourse between him and his flock which the apostles cul- tivated, and which, more than ordination, conveyed in unin-

340 HISTORY OF SCOTLAND.

BOOK terrupted succession, is calculated to confer the apostolical

character.

1611. LXVII. Andrew Melville, when he heard of the overthrow of presbytery, and the erection of a hierarchy on its ruins, in the bitterness of his heart, expressed, either as a wish or a prophecy, his desire that the main instrument in that most unpropitious revolution, might never again set his foot in Death of Scotland ; and he never did. Upon the accomplishment of Dunbar. tnig grand object, Dunbar went to London, and soon after died at Whitehall. He was unlamented in Scotland, except by the bishops ; but James had to regret the loss of a servant obedient to his most arbitrary mandates, which he carried into effect with a zeal and success that entitled him to no gratitude from his country. A feeble effort was made by the officers of state, who, under the sway of the favourite had dwindled into mere puppets, to regain their proper influence, by re-establishing the Octavians, but a worthless minion suc^- ceeded, who, without the abilities, attained the power of the earl, and engrossed by himself or his friends, all the high Kerr, earl offices of trust and emolument. -*Kerr, of the family of iet, favour- Fernihurst, created earl of" Somerset, first the page, after- ite- ward the pupil, and now the favourite of James, was appoint-

ed treasurer, collector, and comptroller of the revenue by his master, who delighted in the idea of having a statesman of his own training at the head of affairs. His relations were promoted to the chief places in the administration ; sir William Kerr of Ancrum, his cousin-german, received the command upon the borders, which sir William Cranston had held ; sir Gideon Murray, his maternal uncle, was made de- puty treasurer, and sir Thomas Hamilton, the king's advo- cate, his brother-in-law, was first made register, and after- ward secretary. Sir John Skeene, one of the ablest lawyers, and best antiquaries in Scotland, who had long held the si- tuation, had sent his son to court with his resignation, which was not to be produced, unless he himself got the appoint- ment ; but the intrigues of Somerset prevailed, the younger Skeene was induced to present the resignation without pro-

* Commonly called Carre by the English writers, and by some of our owq.

JAMES VI. 341

curing the reversion, and the office was bestowed upon Ha- BOOK milton.

LXVIII. But the rapacity of Kerr's kinsmen was as crav- 1611. ing as their ambition. — Lord Maxwell, on his return to the country, after skulking some time in disguise, was appre- hended in Caithness, brought to Edinburgh, and executed ; Lord Max. but the crime for which he suffered was not the one he cutcd<x had committed. In his absence, he had been found guilty of wilful fire-raising, and as this implied a species of trea- ! son, by which his estates were forfeited, he was executed on this verdict. The attainder of so ancient a family alarmed the nobles, nor were their fears allayed by the heartless and cruel persecution which James authorized, or allowed to fol- low his own cousin-german to his ruin. Mary had conferred on Robert Stuart, her illegitimate brother, the islands of Orkney, and the title of earl. His son, impoverished by ex- Proceed- pensive buildings, and attendance at court, sought to replen- ^f*8*"earl isb his finances, by measures which his enemies represented as of Orkney oppressive, and which if so, were visited with a retaliation not less illegal or despotic ; but the real crime of the unfortun- ate earl, was most probably his extensive possessions, the secular portion having attracted the avidity of the favourite, while the episcopal revenues, — of which he had received a grant from the crown, — were as keenly eyed by the pre- lates. Among his other ecclesiastical expenses, the king purchased a large mortgage, with which his estates were attached, and when, after a three years' imprisonment, the earl would not consent to resign his right of redemption, his lands were seized, and himself reduced to a pitiful allowance, scarcely fit to meet his necessities. Reduced to despair, he instructed his natural son, the Bastard of Ork- ney, to take arms, and regain the castle of Kirkwall, but he himself had been removed to Dunbarton rock, and was pre- vented from joining him. The castle was reduced by the earl of Caithness, and the Bastard surrendered, on condi- tion that he should not be questioned respecting his father's Convic^-d

•i i i • /•!• i • TI -i rr» f i and his es-

guilt ; but his filial piety did not avail. The father was con- tates given

victed on the son's confession, the claims of kindred, and the toKerrand

the pre-

descent from one common parent were pled in vain, every late*.

342 HISTORY OF SCOTLAND.

BOOK avenue to royal mercy was closed, and the favourite and tha

: — prelates divided the plunder.

LXIX. About the same time, terrible vengeance was in- flicted upon the clan Macgregor. A feud had existed be- tween them and the Colquhouns, whom they defeated in se- veral engagements, and slaughtered with the common unre- lenting barbarity of savages. Having repeatedly ravaged the district of Lennox, a commission was given to the earl of Argyle, who joining his forces with the marquis of Huntly, Treatment advanced against them. On their approach, the Macgre- Macgreffor. Sors ^e(^ to tne widest; parts of the highlands, and endea- voured to find refuge in the caves and forests, but their pur- suers were indefatigable ; till at last, further resistance being hopeless, their chief, reduced to despair, surrendered to Ar- gyle, upon condition of being transported out of the king- dom. The engagement was perfidiously fulfilled by the privy council, who ordered him to be carried to Berwick, and then brought to Edinburgh, where he suffered the death of a rebel, along with seven innocent hostages. Rendered desperate by their situation, the wretched remnant spread their spoliations over the surrounding country, and in re- turn, they were pursued and slaughtered as outlaws by Ar- gyle, till a few houseless orphans were almost the sole sur- vivors of the race. Nurtured on the wilds, and hardened by the endurance of every inclemency of weather, the chil- dren grew up a set of banditti, whose depredations caused the clan to be abolished, and the name suppressed by act of parliament, 1633. This act was repealed at the restoration, revived in 1693, and only finally abrogated in the reign of George III.

Of tjie LXX. The fate of the Macdonalds forms a striking con-

Macdo. trast to the inexorable cruelty with which the Macgregors were treated, and exhibits a melancholy picture of the man- ner in which justice and mercy is distributed, when left to the caprice, or the passions of individuals, unrestrained by any fixed rule. This clan revolted in Cantyre, and seized t\ castle in Islay, but they were reduced by Argyle, who ob- tained quiet possession of their lands, and no further pun- ishment followed. Their chief, guilty of the most flagrant

JAMES VI. 343

crimes, and stained with the most atrocious murders, who BOOK had repeatedly resisted and defied the government, fled ; but

in a few years was recalled, and not only pardoned, but had 1611. a liberal pension bestowed upon him !

LXXI. The ill judged favouritism of James, joined with the insolence and rapacity of the Scots, produced frequent quarrels between them and the English, which invaded even 1612. the court and the king's presence, and had almost produc- ed an universal conspiracy against the Scottish residents in London ; when the ferment was in some measure allayed, by an act of exemplary justice, the more remarkable, as it is almost a solitary instance. Lord Sanquhar, in playing with an English fencing master, of the name of Turner, had the misfortune to lose an eye, by an unlucky thrust of his opponent's foil. When at the French court, some time af- ter, the king asked how he came by the accident, and on be- ing informed, sarcastically asked, Does the fellow live? Sanquhar, imagining this a reproach, immediately returned to England, and employed one Carlisle, to assassinate Turner, which he did, just as he was entering his lodgings. The meanness, as well as atrocity of the crime, excited universal Lord San. detestation, and Sanquhar, who surrendered himself, was ?uliard { put upon his trial, convicted, and, notwithstanding every solici- murder. tation in his favour, was publicly hanged at the Palace-gate of Westminster. But this act of justice was counterba- lanced by one of wanton, unmanly oppression. Lady Ara- bella Stuart, the king's cousin-german,* was secretly married to the grandson of the earl of Hertford ; but James having discovered the transaction, saw treason in it, committed Sey- mour, her husband, to the Tower, and confined the lady at Lambeth, whence she was afterward ordered to repair to Durham. She escaped, however, from her keepers, dis- guised in male apparel, and embarked on board a French ship, that had been prepared for her reception. Seymour Lady Ara- at the same time escaped from the Tower, but being prevent- beUa Stu" ed from joining his lady, got a passage in a vessel belonging to Newcastle, and was landed on the coast of Flanders. A squadron was instantly despatched after the fugitives, which

• She was the daughter of his father's youngest brother.

Dies in- sane.

3-14 HISTORY OF SCOTLAND.

BOOK unfortunately overtook the vessel that carried the lady Ara* v< bella, and she was sent to close confinement in the Tower, 1612. where, either the rigour of her treatment, or the weight of her sufferings and the poignancy of her disappointment, de- I'anged her intellects, and the daughter of a Darnly sunk in- sane into a premature grave.

LXXII. About this time, two events took place, which were to have a material effect upon the future fortunes of Britain — the marriage of James' only daughter with the prince Pa- latine, and the death of his eldest and most accomplished Prince son, prince Henry, at the age of eighteen, a youth of the Henry. greatest promise, and upon whom the eyes of all the protes- tants in Europe were already turned. With the nation he was an universal favourite, as his sentiments were liberal, his conduct exemplary, and his recreations those manly ex- ercises which receive the approbation of the wise, and excel- lency in which engages the admiration of the multitude. Such was the commanding tone of his mind and manners, that he Hischarac- attracted the esteem of foreign sovereigns, was a check upon ter* the licentiousness of the royal favourites, and an object of

jealousy to his father. The king, who could not suffer the heir of his diadem to match with less than princely rank, was desirous that he should marry an arch-duchess of the house of Austria, or a daughter of the duke of Savoy, but the prince was averse to enter into so close an alliance with a papist, and in the last letter he ever wrote, entreated his father, if he must marry any of these princesses, it might be the youngest, of whose conversion he could have some hope. He openly reprobated the influence Somerset had over his father, and lamented the facility with which he allowed him self to be governed by the most profligate sycophants, an the waste which these occasioned of the public money.

LXXIH. While the preparations were going forward for his sister's marriage, and the court was a scene of joyous Death. festivity, Henry was seized with a fever, accompanied with the most violent symptoms, which, in a few days terminated fatally, threw a temporary gloom over the court, and spread throughout the nation — with the exception of the Roman catholics, — a grief, deep, sincere, and universal. The ge- neral opinion at the time was, that he was poisoned eithe;

13

•>

JAMES VI. 345

tli rough the arts of the papists, or the envy of his father. BOOK Of this crime the Roman catholics appear to have been falsely accused; and, for the honour of human nature, we J612; would willingly believe in the innocence of the father ; but the proofs that the favourite was not guiltless are too strong to be disregarded, and I am inclined to suspect with Mr. Fox,* that the premature death of this prince was not by the visitation of God. Burnet tells us, that " colonel Titus as- sured him he had it from king Charles I. himself, that he

knew his brother was poisoned by Somerset ;" and a letter Somerset f 11. i •• i • • 11-111 strongly

from that king, when prince, to his sister, published by suspected

Hearn, seems to corroborate it. He says : " I know you of P°ison-

r ing him. have understood, by our father's secretary's letters, what

great changes the poisoning of Overbury has made. I sus- pect other matters shall be found out, by the which it will appear, that more treacherous purposes were perchance in- tended against some, and practised against others ; but of this you will hear more within a short time." The court mourning was laid aside as soon as etiquette would allow, and the marriage of the princess celebrated with a pomp, Marriage splendour, and gaiety, calculated to dissipate any feelings E^"^8 of regret the sudden death of the heir apparent might have to the occasioned. {*;»•

LXXIV. The union of the two crowns, which had proved ruinous to the liberties of Scotland, promised now to prove equally so to her trade, poor as it already was. Hitherto the Scottish merchants had been treated as the most favour- ed nation by the French, and the duties upon their imports and exports were comparatively trifling ; but being consid- ered no longer as an independent state, the same duties were ordered to be levied from them as from the English. In the Low Countries they were similarly treated, and in the Bal- State of tic a prohibitory system was adopted. The convention of trade< burghs petitioned James to interfere. In consequence, the staple was removed from Middleburgh to Campvere, and the port of Stralsund was re-opened to their trade ; but they do not appear to have been replaced upon their former footing. Among the plans which his majesty had recommended for

• History, 4th Edition, p. 9* VOL. III. 2 Y

346 HISTORY OF SCOTLAND.

BOOK advancing the prosperity of his ancient kingdom, the improve ment of the fisheries was particularly pointed out; but this 1613. year he imposed, by virtue of his own prerogative, an excise upon herrings, which was so rigorously exacted by one cap- tain Mason, an Englishman, that the people, particularly or the coast of Fife, threatened to leave off the trade rather than pay it. At their complaints the privy council interfered, anc the collecting was stopped.*

LXXV. The laws against the Jesuits and seminary priests were severe, but those which enacted the penalty of death had remained a dead letter in the statute book, nor coulc they with decency have been executed, when the popish lords were treated with so much lenity by the king. The general aversion of the people, however, to the bishops, and the persuasion every where openly expressed, that they were favourable to, and intended introducing popery, demanded some signal display of zeal on the part of the prelates to Apprehen- counteract these untoward feelings and remarks. They ilvy^ie-^' therefore apprehended Ogilvy, a Jesuit, at Glasgow, and in- suit. formed the king of the circumstance, requesting directions

how to proceed. He sent down a commission to the secre- tary, deputy-treasurer, and advocate, to proceed to the ex- amination and trial of the accused. When interrogated :— When he came into Scotland ? upon what errand ? and with whom he associated ? he frankly answered the two first ques- tions, that he had arrived in June, and came to save souls j His exam, but he honourably declined the last, declaring he would ut- mation. ter notnmg tnat mjght implicate another ; nor could pro- mises nor threatenings shake his resolution. The commis- sioners, enraged at his steadfast fidelity, endeavoured to ex- tort a confession by depriving him of his natural rest for several nights, and in the delirium thus occasioned, he made some incoherent discoveries ; but as soon as allowed a little sleep, and tired nature was restored, he retracted what he had said in a state of mental confusion, and firmly persisted in refusing to name any person with whom he had associat- ed, or any place whither he had resorted.

LXXVI. The king, on being informed that nothing satisfac-

" Balfour MSS. quoted by Guthrie, vol. ix. p. 20.

JAMES VI. 347

tory could be obtained from him without torture, prohibited BOOK it from being used with a man of his profession, who, if he _ were only a Jesuit, and had said mass, they should banish 1613. the country, and prohibit his return under pain of death ; but along with this humane declaration he transmitted a se- ries of questions, which were dangerous to a Jesuit if he an- s \\ered with sincerity, but useless if he had recourse to the evasions or mental reservations familiar to his order. He replied with sincerity. He acknowledged the supremacy of His stead-

,1 . . .. i if* fastness to

the pope in spirituals, and his power to excommunicate his princi. Christian princes ; and he pronounced the oath imposed on pie*. Roman catholics in England, treason against God. He would not, however, answer any of the interrogatories re- specting the power of the pope to depose kings, or absolve the subjects of an excommunicated monarch from their oath of allegiance, and declined the question of: — Whether it was lawful to murder a king who was put without the pale of the Romish communion ? as one which the church had not yet decided. His refusal to answer questions criminating himself was most iniquitously construed, as a declining of the authority of the king and council, and he was convict- ed of high treason, and executed that same afternoon. Mof- Conviction fat, another member of the society, was apprehended near- ^n e> ly about the same time, but he took a wiser course, or at least a safer one ; he condemned without hesitation all the positions about which Ogilvy had scrupled, and was al- lowed quietly to leave the country, James, with affected hu- manity, declaring, that he would never hang a priest for his religion.*

LXXVII. Next year, 1614, the archbishop of St. Andrews 1614. dying, Spotswood, archbishop of Glasgow, was advanced to the primacy, and Law, bishop of Orkney, succeeded him as archbishop of Glasgow. Considerable inconvenience having arisen, as was alleged from the high commission being di- 1615> vided into two courts, with separate and distinct jurisdictions, high com- they were both united, and, by a new mandate from the king, misl' ?"/*" any of the archbishops, with four of the other members, were authorized to hold a court in any of the districts of Scotland.

* Spotswood, p. 523. Arnot's Criminal Trials.

348

HISTORY OF SCOTLAND.

BOOK V.

IfiU.

Huntly ap- pears be- fore it- imprison- ed.

Liberated by the chancellor.

Represen- tations by both parties to the king.

The turbulent, restless, and irreclaimable marquis of Hunt- ly, was among the first who appeared before this tribunal, after its being remodelled. Notwithstanding his numerous professions, he still remained devoted to the popish religion, and desired his officers to prevent his tenantry from attend- ing upon the sermons of some protestant clergymen, who had been sent to labour for their conversion. For this offence he was called before the high commission, and by them cqm- mitted to the castle of Edinburgh. He had not remained there three days, when the chancellor granted a warrant to set him at liberty. The bishops who were in town, highly offended at this proceeding, waited upon his lordship, and complained of his conduct ; but he asserted the dignity of his office, and his constitutional power to liberate any person committed to prison by authority of the high commission. To intimidate him, he was threatened with the displeasure of the church; but he replied: — He cared not whether the church were pleased or not.

LXXVIII. A change of circumstances often produces a strange revolution in men's sentiments. The prelatical clergy were vehement in their outcries against the presby- terian ministers for using freedoms with public men in the pulpit ; but no sooner was their own illegal powers called in question, than they themselves made the pulpits resound with exclamations against the highest officer of state, because he dared to exercise his undoubted right.* Representa- tions were instantly transmitted to the king by both par- ties. The prelates complained of the chancellor for interfer- ing with the prerogatives of the high commission, and sent the bishop of Caithness to lay their grievances at the foot of the throne. The chancellor accused the bishops of tur- bulence, presumption, and insolence, and complained of the liberty they took in censuring the public actions of states- men in their sermons. The marquis, the cause of the distur- bance, having previously to his imprisonment obtained leave from the king to proceed to London, had already com- menced his journey. James, reduced to a perplexing alter- native, the highest officer of the crown being placed in op-

• Spotswqpd, p. 525.

JAMES VI. 5*4-9

position to the highest court in the church, was under the BOOK

necessity of declaring which should have the chief prepon- Y: —

derance in the state. He decided for the child of his own He decidcg creation: approved what the high commission had done, in favour of

f i • i TT t f I. • tne court oi

and sent a messenger to forbid Huntly trom approaching high com. the court, and ordering him to return to his confinement in mission. the castle. The marquis earnestly entreated the messen- ger to carry to his majesty his humble supplication ; and in- form him that his intention in coming to London was to give him complete satisfaction, and to comply with whatever his majesty should require. The king, pleased with his promises and submission, and desirous of seeing him recon- ! ciled to the protestant church, permitted him to proceed, and recommended him to the instructions of the archbishop of Canterbury. Huntly was not difficult to convert, nor was' Huntly his probation long; and the only obstacle which prevented su his being received into the bosom of the English church, was his being under the excommunication of her Scottish sister ; but the prelates themselves, by sending the bishop of Caith- ness to London, had provided a remedy. His lordship, as the representative of the Scottish church, at the desire of the king, revoked the sentence ; after which the archbishop Absolved of Canterbury pronounced the absolution, and administer- bilho^of ed the sacrament to the hopeful proselyte in the chapel at Canter- Lambeth.

LXXIX. The Scottish bishops, devoted as they were to ithe crown, did not receive this intelligence of the royal in- terference with that submissive meekness which became them ;* but their murmurs were silenced by an explanation

* The king's conduct toward Huntly occasioned rather a ludicrous con- fusion in the statements of the bishops. Cowper, bishop of Galloway, who i preached in the High Church of Edinburgh, on the 7th of July, extolled his ! majesty's fatherly care, and gracious behaviour toward the kirk, who would not suffer the marquis to come into his presence, but had ordered him to re- turn to ward ; and he inveighed against the chancellor for the favour he had shown that nobleman. Next day — the 8th — letters were received from court, announcing that Huntly was received into the bosom of the church of Eng- | land ! And on the 14th, Spotswood, from the same pulpit whence the chan- 1 cellor had been denounced, apologized for the king, promised that he would be a good boy in future, and never would do the like again ! — Calderwood, p. 655.

350 HISTORY OF SCOTLAND.

BOOK from his majesty, and an apologetical letter from the arch- V- bishop of Canterbury, accompanied by a supplication from

1615. the marquis to the general assembly, acknowledging his of- fence, promising to continue steadfast himself, and to educate his children in the protestant religion, and praying for a full absolution from the church of Scotland. The prayer of his petition was granted, and he was formally absolved at a meeting of the general assembly, convoked at Aberdeen os tensibly for this purpose, and for checking the growth o

1616. popery in the north ; but there were other objects of mor Ry the ge- {mportance brought before this assembly, the pertinacious a sembly. tachment to which was the cause of all the disasters of th

following reigns.

LXXX. James had now brought the church of Scotland, in its outward form, to a similarity with that of England but he was desirous also to assimilate it in its worship to the Anglican rites and ceremonies. At the Aberdeen assem bly the subjects were first introduced, and after the south country ministers had been worn out by long conference, upon the hackneyed topic of popery, and compelled, by the exhausted state of their finances, to return home, it was or Who sane- dained : — That a uniform order of liturgy be set down, tc tionahtur- ^e rea(j m aj} churcnes on the ordinary days of prayer, am every Sabbath day before sermon ; and that a book of ca- nons be made and published.* Regulations were also adopt ed respecting the episcopal catechising of children, who were to be recommended in prayer by the bishop, an interim ce remony, till confirmation could be introduced. When the assembly rose, the archbishop of Glasgow, and the bishop o Ross, were sent with the acts to his majesty to procure his royal assent. He declared himself well satisfied with the whole, except the act substituting catechising and prayer, for confirmation, which he denominated " mere hotch- potch." Along with his approval, he sent down several ar- ticles to be inserted among the canons of the church. These, better known afterward as the articles of Perth, startled eve the bishops, who represented the danger of introducing them

* At this assembly it nppears first to have been enacted, that ministers should keep regular registers of births, deaths, and baptisms.

11

JAMES VI. 351

and the irregularity of inserting among the canons what had BOOK not received the sanction of the church. James acquiesced ' for the time, but unfortunately did not relinquish a design 1616. which those most attached to prelacy, and interested in its success, were compelled to acknowledge was both premature and impolitic

THE

HISTORY OF SCOTLAND.

BOOK VL

James VI — Visits Scotland. — His reception at Edinburgh — Disputation at Stirling. — Object of bis visit. — Act placing the government of the church in his hands withdrawn. — The ministers who protest against it prosecuted. — Case of Calderwood — Proposals for conformity to the church of England. —An assembly called. — King leaves Scotland — Proceedings of the assem- bly.— His orders for the celebration of Christmas. — The observance of the festivals enforced by proclamation— Articles proposed to the assembly a Perth for their sanction. — Adopted, and ratified by the council. — Death o the Queen. — Troubles in Germany — Hamilton appointed Commissioner.— His intrigues with the Nobility, &c. — Ministers ordered to leave Edinburgh — Proceedings of Parliament — A Tax on Income refused — Articles o: Perth ratified.— Black Saturday — Ministers protest against the Articles o Perth.— Arbitrary Proceedings of the Bishops. — Perth Inundated. — Bridge over Tweed swept away. — Treatment of John Welsh and Robert Bruce. Proposals for a Marriage between Prince Charles and a Princess of Spain — The King becomes Arminian. — Favourable to the Catholics. — Proceed, ings against Bailie Rigg. — Death of the Marquis of Hamilton. — Death o: the King. — His character. — CHARLES I. proclaimed at Edinburgh — He de- termines to maintain Episcopacy in Scotland. — Dictates the choice of the Magistrates of Edinburgh. — Conduct of the Nobles respecting Church pro- perty— State of the Scottish Church. — Quarrel between Frendraught and Rothmay — Death of the Marquis of Huntly. — Marquis Hamilton's expe- dition to Germany. — The King comes to Scotland. — His Coronation at Holyroodhouse. — Proceedings of Parliament. — Complaints of the Ministers disregarded — His treatment of Earl Rothes and Lord Lindsay. — Erects Edinburgh into a Bishopric: — Orders the English Liturgy to be used in the Chapel Royal, Holyroodhouse. — Reprimands the Judges for suppressing revels on Sundays — Trial of Lord Balmerino for leasing-making — Intem- perate conduct of the younger Bishops. — Book of Canons and Common Prayer enforced — Tumult in St. Giles' on the first reading of the Liturgy. — Use of it suspended by the Council — Ordered to be persevered in — Sup- plication of the Nobles, &c. against it — Proceedings of the Inhabitants of Edinburgh — 1617-1637.

AT his departure from Edinburgh, the king had promised to

visit his native country every third year. His poverty oc-

1617. casioned by senseless profusion, had hitherto prevented him James VI. from fulfilling his prOmise. But the money, [L.250,000,] <

BOOK VI.

JAMES VI. 353

which he received from the Dutch, on delivering up the can- BOOK lionary towns, enabled him to redeem his pledge. In a let- v*- ter to the council, informing them of his resolution, he as- 16|7 cribed the longing he had to see the place of his breeding. Itesolvesto to "a salmon-like instinct;" and with his usual disregard of^^ truth, commanded a proclamation to be issued, declaring that he intended to make no alteration in the civil or eccle- siastical state of his native kingdom ; adding, however, what he might imagine a saving clause, that he would endeavour to do some good at his coming, and to discharge some points of his kingly office in reforming abuses, both in the church and commonwealth.

ii. Previously to his setting out, he sent directions for the royal chapel of Holyroodhouse to be repaired. An organ was ordered to be erected, and a loft for the choir, and Eng- lish carpenters were sent down, to superintend and assist in the alterations. They brought with them wooden statues of the twelve apostles, finely gilt, to be placed in stalls ; but the The prepa- populace, impressed with the idea, that these were forerun- the paiace

ners of the restoration of idolatry, began to exhibit symptoms displease

f . i • i • .. ,, c , . the people.

ot aversion, which it might not have been sate to despise.

" The organ came first," said they, " now the images, and ere long, we shall have the mass." Cowper, bishop of Galloway, who resided in Edinburgh, as dean of the chapel royal, per- ceived the brooding discontent, and wrote an epistle to his majesty, to which he procured the signatures of the arch- bishop of St. Andrews, the bishops of Aberdeen and Bre- chin, and numbers of the ministers of Edinburgh, entreating him to countermand his order for erecting the statues, on account of the offence that was taken at them. The king They are deemed it prudent to comply: but in an angry answer, ac_count*'r-

* J ... raandod.

cused the objectors of ignorance, who could not distinguish between pictures intended for ornament, and images erected as objects of worship ; sarcastically observing, that they could allow the figures of lions, dragons, or devils to be represent- ed in their churches, but would not allow that honour to the prophets and apostles. Jealous of his prerogative, he took care in the close to inform them, that he had stopped the setting up of the figures, "not to ease their hearts, or con- VOL. in. 2 z

354 HISTORY OF SCOTLAND.

BOOK firm them in their errors, but because the work could not be VI' properly finished within the time intended."

1617. in. The king arrived at Berwick in the month of May and the parliament, which stood summoned for the 17th o that month, was prorogued to the 13th of June. From Ber- a/Edin^ s wick, he was conducted by slow journies to his ancient ca burgh. pital, which, after an absence of fourteen years, was agair favoured with a sight of the sovereign. He was accompani ed by a splendid train of English nobility. The citizens o Edinburgh, either wishing to display their wealth before th strangers, who so often reproached their poverty, or impress the king with a favourable idea of their loyalty, prepared to receive him with the utmost pomp and magnificence. He was met without the West Port by the magistrates and coun- cil in their robes, and the principal burghers dressed in black velvet. The deputy town clerk, Mr. John Hay, compliment- ed the monarch in a strain which must have been truly gra- His reoep- tifying to his royal ears. " This is that happy day of our new birth," exclaimed the enraptured deputy, " ever to be re- tained in fresh memorie, wherein our eyes behold the great- est human felicity our hearts could wish, which is to feed up- on the royal countenance of our true phoenix, the bright star of our northern firmament, the ornament of our age, where- in we are refreshed) yea revived, with the heat and beames of our sun — the powerful adamant of our wealth — by whose removal from our hemisphere, we were darkened, deep fear and sorrow had possessed our hearts. The very hills and groves, accustomed before to be refreshed with the dew of your majesty's presence, not putting on their wonted apparel, but with pale looks representing their misery for the depart- ure of their king !" " Receive then, dread sovereign, from your majesty's faithful and loyal subjects, the magistrates and citizens of your highnesses good town of Edinburgh, such welcome as is due from those, who with thankful hearts. do acknowledge the infinite blessings plenteously flowing tc them, from the paradise of your majesty's unspotted good- ness and virtue. Wishing your majesties eyes might pierce into their very hearts, there to behold the excessive joy in- wardly conceived of the first messenger of your majesty's

JAMES VI. 355

>rincely resolution to visit this your majesty's good town." BOOK ji a similar, or even more bombastic stylei, did the orator ontinue for nearly an hour; but the citizens of the good 1617. own gave more substantial proof of their loyalty, they invited he king to a sumptuous banquet, and presented him with en thousand merks Scots, in double golden angels, and in

gilt silver bason.

iv. After resting a few days in Edinburgh, he resumed iis progress through the principal counties, and was receiv- d wherevei he went, with the most lively demonstrations of oy, with splendid pageants, and royal entertainments, and ic was welcomed in classic strains in every university, city, .nd nobleman's mansion that he visited. Happily the Scot- ish muse was silent ; no Caledonian bard hailed his ap- roach, and the native poetry of the country was for a while pared the degradation of being prostituted to flatter the ar of a despot and a pedant. But his chief delight was in

cholastic disputations. He ordered all the professors of Disputa- tion at Stir-

Sdinburgh college to attend at Stirling, where he presided ling.

is judge, yet mingling in the debates ; and to the astonish- ment of his admiring courtiers, displayed his erudition and ingenuity, by occasionally defending and opposing the same thesis. His approbation was conveyed in quibbles on the professors' names, with which he was himself so highly charmed, that he directed them to be turned into English and Latin verse.*

* The names of the professors were John Adamson, James Fairlie, Patrick Sands, Andrew Young, James Reid. His majesty's witty remarks were : — " Adam was the father of all, and Adam's son had the first part of this act, The defender is justly called Fairlie, [wonder,] his thesis had somefairlies in it, and he sustained them very fairly, and with many fair lies given to his op- pugners. And why should not Mr. Sands be the first to enter the sands ? But now I see clearly that all sands are not barren, for certainly he hath shown a fertile wit. Mr. Young is very old in Aristotle- Mr. Reid need not be red with blushing for his acting this day. Mr. King disputed very kingly, and of a kingly purpose, concerning the royal supremacy of reason above anger and all passions. Charters, the principal, (he did not dispute,) his name agrees with his nature, for charters contain much matter, yet say nothing, yet put great matters in men's mouths." Some apology might, perhaps, be requisite for copying such contemptible stuff; but as James' literature has been so highly praised even by excellent judges, Bacon, Drummond, Hume, &c. 1 thought the reader would not be displeased to see a specimen of his taste-

356 HISTORY OF SCOTLAND.

BOOK v. The principal object of James' journey to Scotland

was to enforce obedience to the rites and ceremonies which

.1617. he had, at the request of the bishops, withdrawn; as, from

his'vLit. ^le facility with which he had changed the form of church government, he never doubted but that he would, when pre- sent, be easily able to alter the mode of worship ; and for this purpose he had prepared an act, vesting almost unlimit- ed power in his own hands, and that of the bishops. The nobles, who at this time appear to have been wholly unin- terested about the fate of the church, felt a nearer concern in the fate of the church lands. They had already sufficient evidence of the rapacity, insolence, and ambition of the pre- lates; of their subservience to every measure of the king, and of the king's unbounded partiality for them ; they there- fore, and not without reason, began to entertain fears for the preservation of the rich estates which had been granted them from the spoils of the ecclesiastics at the reformation. When

UP holds a the parliament met, their suspicions of the king appeared in ' their rejecting several of the nobility whom he had recom- mended to be chosen lords of the articles, and electing some who were known not to be warmly attached to the court, in their room. A violent opposition was made to the admission of any officers of state, except the chancellor, treasurer, and master of rolls; and the contention arose so high, that the estates were nearly dispersing, and the king had at one time determined to dissolve the parliament ; but a compro- mise was effected, although not till an unusually late hour at night, when the meeting broke up in bad temper, and the king and the estates went down to the palace in great coiv- fusion ; some riding in their robes, and some on foot, and without the regalia being borne before them.

vr. Having carried their main point, and secured the pos- session of their estates, the nobles did not appear unwilling to gratify the king by legalizing his assumed spiritual su- premacy ; and an act secretly passed the lords of the articles,

Act of su- declaring : — That whatsoever his majesty should determine in

icy< the external government of the church, with the advice of the

archbishops, bishops, and a competent number of the ministry,

should have the force of a law; which, as the bishops were

completely at his nod, and he was left judge of what was a

JAMES VI. 357

competent number of the ministry, was committing unlimited BOOK power, in ecclesiastical affairs, into his hands. The ministers ^I- attached to presbytery obtained, through some of their 1617. friends, intelligence of the design, and prepared a protesta- tion against any innovation. They expressed their astonish- ment that a proposition of this kind should have been listened to, after the bishops had assured them, that they would con- sent to nothing in the parliament, respecting the discipline and order of the church, without their special knowledge and advice. They pled the establishment of the church by The minis. aw, and the power granted and confirmed to the assemblies jy several acts of parliament, to make canons and constitu- tions for their regulation ; the king's repeated promises that le would make no innovation ; and what ought to have Drought a blush over the royal cheek, if it had been capable of blushing, his majesty's own letter, only a few months old, which at his own command had been read in all the pulpits of the kingdom, affirming that he intended no alteration dur- ing his journey. This protestation was delivered to the ab- bot of Crosraguel to be presented to the king, but while he was waiting in an anti-chamber in the palace, the archbishop of St. Andrews requested to hear its purport. Scarcely, however, had Hewit commenced, when his grace endeavour- ed to take it forcibly from him, and in the struggle the paper was torn. Another copy was prepared to be presented to 'the estates, when the bill was about to be ratified ; but the king, who understood its nature, and, callous as he was, could not be altogether insensible to the shame of being so openly convicted of frequent and deliberate falsehoods, di- With- reeled the article to be withdrawn as unnecessary; the pre-drawn< rogative of the crown conveying more extensive powers than this act was intended to confer. Chapters, however, were constituted, and the form prescribed in which they should elect to the vacant sees such bishops as his majesty might be ipleased to name.

vu. Although the obnoxious act was relinquished, and the iprotest was never read, those who had been active in the op- Proceed. Sposition were followed with vindictive persecution. Imme- inffs a"

.. i i« i • r i- gainst thfl

'diately on the dissolution of parliament, Simpson, who had protesters.

358 HISTORY OF SCOTLAND.

BOOK signed the protestation,* was summoned before the high commission, and required to deliver up the names of all the 1617. original subscribers to that deed; and because he could not produce the list, — it having been previously given to Calder- wood, the laborious and faithful historian of the church, — he was committed prisoner to the castle of Edinburgh, and Cal- derwood summoned to appear before the high commission at St. Andrews, to answer for being present at a " mutinous as- sembly of certain of the ministry, and promoting subscrip- tions to a seditious protestation, in contempt of Almighty God, and the reverence he owed to his majesty, his sove- seign lord !" Simpson, and Hewit, one of the ministers of Edinburgh, were both likewise ordered to attend. The king was present to superintend the proceedings of the high com- mission. Before the accused were called, in a speech to the court, he pointed out the mode of procedure they ought to adopt. " We took this order with the puritans of England ;" said he, " they stood as long as they were deprived only of their benefices, because they preached still on, and lived upon the benevolence of the people friendly to their cause ; but when we deprived them of their office, many yielded to us, and are become the best men we have. Let us take the like course with the puritans here."

Hewit and V1II. Hewit and Simpson, on adhering to the protestation deprived, were deprived and confined, the one to Dundee, and the other to Aberdeen ; but Calderwood, as the more eminent, was persecuted with greater rigour. In the court, and in the presence of the king, while harassed with vexatious and ensnaring questions, he was not only reviled and threatened by the parasites who surrounded him, but jostled, tugged, shaken by the shoulders, and subjected to every method of teasing which could tend to disorder or confuse him ; but he defended himself with calm, collected intrepidity, and, notwithstanding his treatment, maintained a respect toward

* The protestation was only signed by Simpson, in name of the protesters, whose names were on a separate paper, pledging themselves to adhere ; but this paper was not intended to be produced, unless absolutely necessary, either to the king or the parliament, until the subscription of those who were absent, but friendly to the cause, had been obtained Calderwood, p. 676.

JAMES VI. 359

James as his sovereign, which raises our admiration of his BOOK principles, while it excites our wonder at his patience. He _ was asked by the king, who most preposterously appears to 1617> have presided in a court in which he declared he had no rightful seat: — Why he dared to assist at that mutinous meeting ? " When that meeting is pronounced mutinous," Calder- replied he, " then it will be time enough for me to answer wood Pro"

scented.

that question." " Acknowledge your rashness, Mr. David," said the secretary, while numbers of those who were stand- ing near were whispering to him : — Come in the king's will ; it is your best way; he'll pardon you." " What was done," answered Calderwood firmly, " was done with deliberation." " But what moved you to protest ?" said the king. ** A proposition passed the lords of the articles for cutting off our general assemblies." "Hear me, Mr. David," con- tinued his majesty, after having asked him how long he had been a minister, " I have been an older keeper of general assemblies than you : their office is to preserve doctrine pure, prevent schisms, draw up confessions of faith, and present petitions to the king in parliament ; but as for rites, cere- monies, and things indifferent, these may be concluded by the king, with advice of bishops, and a competent number of ministers." Calderwood asserted, that the general assembly had exercised all these powers for fifty-six years, and that they had already decided upon what was a competent. num- ber of ministers in his majesty's presence, and with his majesty's own consent ; it consisted of the commissioners from the presbyteries to that judicatory. The royal dis- putant, who at every turn was met by his own declarations, interrupted the speaker, by asking him to explain what was meant by the last clause of the protestation — a clause in which they said that they would rather incur his majesty's censure, than obey an ordinance that did not regularly proceed from the church orderly convened — James having construed this into a threat of disobedience to his measures. Calderwood in explanation remarked, that whatever the phrase might ap- pear to convey, the meaning of the protesters was, that they would give passive obedience to his majesty, but could not give active obedience to any unlawful regulations which should flow from the article in question. " Active and passive obe-

360 HISTORY OF SCOTLAND.

BOOK dience," repeated the king; "that is," continued Calder •_*• wood, " we will rather suffer than act." " I'll tell thee 1617. man," said the king, "what is obedience; the centurion when he said to his servants, to this man go, and he goeth to that man come, and he cometh ; that's obedience." When Calderwood was replying to this truly royal definition o obedience, " Mr. David let alone," cried the secretary, irri tated at the presumption that dared to question the dictate of his majesty, " confess your error/' " Convince me first my lord, that I am in one ;" and turning to the king, have now, sir, answered my libel, I ought to be urged no farther." " True, man ! ye have answered to your libel,' replied the king, "but consider I am here, I may demam His exami- of you when, and what I will." " But surely, sir, I get nation. great wrong if I be compelled to answer here in judg- ment to more than is in my libel." " Answer, sir," said the king, " I am informed you are refractory, you attend nei- ther synod nor presbytery, nor in any way conform." " J have been confined these nine years, [to my own parish,] so my conformity, or non-conformity, in that point, could not very well be known." " Good faith ! thou art a very knave !" was his majesty's princely retort, " see these false puritans, they are ever playing with equivocations!" and then* after some ensnaring questions by the archbishop of Glasgow, th< king interposed : — " If ye were relaxed, would you obev now?" Mr. Calderwood repeated his objection to the fair- ness of being forced to answer questions relative to othei subjects than those for which he had been summoned befort that court ; but added : — " Since I must answer, I shal either obey, or give a reason for my disobedience." He wa on this removed, and after a little called in to hear his sen tence of suspension. Calderwood, addressing the king, tol( him: — "I heard your majesty, in the public disputations disclaim the power of deprivation ; suspension is a degre of deprivation, and both are ecclesiastical censures." "J was not I," said the king, ' playing with equivocations " it was the archbishop of St. Andrews. I would have rt moved, but they would not let me !" " Then," said Ca derwood, turning to the archbishop and bishops, neither ca ye suspend or deprive me, for ye have no farther power i

JAMES VI. 361

this court than by commission from his majesty, and his ma- BOOK jesty cannot communicate that power to you which he claim- *^ eth not for himself." At length the king, irritated, perhaps, 1617 more at his poignant and unanswerable replies than even at the firmness of the accused, ordered the archbishop of St. Andrews to intimate, that unless he quietly submitted to be suspended spiritually, he should be suspended corporally. " My body," replied the intrepid minister, " is in your ma- jesty's hands, do with it as pleaseth your majesty ; but as long as my body is free I will teach, notwithstanding of their sentence." He was now, as contumacious, deprived, and ordered into close confinement, the bishop of St. Andrews observing, he deserved to be hanged like Ogilvy, the Jesuit, for declining the king's authority. He was afterward ba- He is ba- nished for life,* but found an asylum in the United Pro- nis ed* vinces, whence his numerous publications were circulated over his native country, with an effect which, had he been allowed quietly to remain minister of Crailing, they might never have produced. I have detailed his case at some length, as it shows, in a striking point of view, the nature of those royal and prelatical pretensions which our fathers have been stigmatized for resisting, f — When a remonstrance to parliament, as a late historian remarks, was punished as seditious by the high commission, ecclesiastical, or rather re- gal tyranny was carried to the extreme; and he might have

* When the king was petitioned by lord Cranston, that Calderwood's voy- age might be deferred — it was now winter — till spring, " As for the season of the year," replied the humane monarch, " if he be drowned in the seas, he will have to thank God that he hath escaped a worse death !" — Calderwood, p. 686.

f In the conduct of the supporters of episcopacy and tyranny during the reigns of the Stuarts — and in the Scottish history of that period, the terms are synonymous — there is a marked disregard to truth, and their detected lies were reiterated with as unblushing confidence as if they never had been re- futed. Their practice was : — They first asserted a falsehood j when convicted, they re-asserted it ; when challenged to proof, they repeated their assertion, and by dint of barefaced, shameless repetition of what they knew to be mali- cious calumny, they affixed a stain upon the principles, profession, and con- duct of men, whose sense of moral integrity forbade their retaliating with such weapons, arid whose liability to be convicted of a libel, if they dared to speak the truth, often obliged them to keep an involuntary silence.

VOL. in. 3 A.

362 HISTORY OF SCOTLAND.

BOOK added: — A remonstrance, the justice of which was acknow- ^L ledged by the obnoxious act being withdrawn. 16|7 ix. The protesters being thus disposed of, in order to strike

terror into the minds of the other ministers who were as- sembled at St. Andrews, and ensure their compliance, his majesty laid before them the articles which he wished them to adopt ; these were, kneeling at the sacrament of the holy Proposals supper ; the administration of this sacrament, and of bap- mltv°to the t'sm' m cases °f sickness, in private ; the institution of fes- church of tivals ; and the rite of confirmation by the bishops. He de- ng an ' sired them to state what scruples they had regarding them, and their reasons, if they had any, why they ought not to be admitted ; telling them, however, with the same breath, that it was of no consequence whether they approved them or not, he would enforce them ; for it was " a power innated, and a special prerogative, that we Christian kings have to order and dispose of external things in the polity of the church, as we by the advice of our bishops, shall find most fitting ; and as for your approving or disapproving, deceive not yourselves, I will never regard it, unless you bring me a reason which I cannot answer." The communion had al- ready been repeatedly administered in the chapel of Holy- roodhouse, and was received in a kneeling posture by the bishops, officers of state, and several of the nobility, without remonstrance, or any apparent reluctance ; even the minis- ters of Edinburgh were silent, and neither in public or pri- vate made the smallest opposition to the innovation. The king, deceived by this apparent submission, and by the re- presentations of the bishops,* was astonished and irritated when the assembled ministers, instead of receiving his speech with acclamations, and overwhelmed by his wisdom and con- descension, acknowledging with gratitude this proof of his fatherly kindness, came forward, and respectfully requested to be allowed to withdraw for a little, that they might con- sult among themselves, and return a uniform answer. The

* The king called the bishops dolts and deceivers, because they had made him believe they had dressed matters so, that he had no more ado, when he came in the country, but to give his presence. — Calderwood, p. 685.

JAMES VI. 363

request was granted, and they retired to the parish church ; BOOK in about two hours they returned, with an unanimous request VI- for a general assembly, that the ceremonies he enjoined might

receive the sanction of the church. James, who was extreme- Ministers

1-11 i ii i ><< i desire an

Iy averse to that court, hesitated, because he alleged, if the assembly.

assembly should refuse them, his difficulties would be great- er than they then were, and when he enforced them by his authority, which he was determined to do, he would be re- proached as a tyrant and a persecutor; nor was it till Mr. Patrick Galloway had pledged himself for their compliance, that the royal consent was given, and a meeting was ordered It is order- to be held in St. Andrews, on the 25th November, to ratify ed' and confirm the obnoxious articles.

x. The king, whose journey, instead of promoting peace, had scattered everywhere new causes of discord, soon after took a sullen and ungracious departure, from a disappointed The king and dissatisfied people ; no benefits had accompanied his pro- je»vesScot. gress, and no blessing attended his return. While passing through Lancashire, mortified and soured at the resistance he had experienced in his native country, he received a petition from some labourers and mechanics, complaining that they were debarred from all recreations on a Sunday, after divine service. He exercised his power as supreme head of the church, in a manner not greatly calculated to recommend that branch of the prerogative to presbyterians. Consider- ing the judaical observance of the Sabbath as one of the strong bulwarks of puritanism, against which his hatred was now more than ever excited, he took advantage of the peti- tion, and issued a proclamation to allow and encourage all lawful games and pastimes, and commanded that his sub- jects should not be prevented from dancing, leaping, or vaulting, exercising archery, having May games, Whitson ales, or Morrice-dances, after divine service on the Sundays ; Sanctions which term he ostentatiously used, in opposition to the ap- games and propriate name Sabbath, or " the day of rest," which had c^Sua"8 been early adopted in the reformed churches, and was the dav8- common appellation of the Lord's Day in Scotland.*

* This proclamation, equally pernicious with the decree of the French con- vention abolishing the Sabbath, had not even the praise of daring impiety. It was hypocritically pretended to be for the advancement of religion, and to at-

364 HISTORY OF SCOTLAND.

POOR xi. When the assembly met at St. Andrews, notwith- standing every precaution had been taken to procure such

1617. only to be returned members, as were considered favourable Assembly to ^e measures of the king, or who, it was thought, could be intimidated or flattered into any thing, the articles could neither pass in private conference, nor in the public assem- bly. In vain did the bishops urge them not to provoke his majesty to just anger, but to prefer his favour to the applause Its decision of the factious. All that could be obtained, was a partial vate admi- acquiescence in the private administration of the sacrament nistration of the supper, but with such restrictions as perfectly nullifi- sup" ed the virtue of the consent. The intending communicant

per,

was to declare upon his conscience, that he believed his dis- ease to be deadly, and give the minister twenty-four hours warning; that there should be at least six persons, of good religion and conversation, present, to receive the commu- nion at the same time. A convenient place in the house, and all things necessary for the minister's reverent admini- stration of the sacrament, were also to be provided. But along with this an act was passed, which went at least obliquely to censure the practice of kneeling. The mi- nisters were ordained to distribute with their own hands, the elements to every communicant, and " to the end the minister may give the same more commodiously, he is, by advice of the magistrates and honest men of the session, to prepare a table, at the which the same may be conveniently ministered." The other articles were referred to the deci- sion of another assembly, on account, as was alleged, of the inclemency of the season, and the shortness of the intima- tion having prevented many of the representatives of presby

tract the people to places of worship ! For none were to be allowed to profam the afternoon of the day, who had not been at their parish church at the morn ing service. It was disapproved of highly, however, by the English episcopa- lians, and in particular, by the mayor of London, who ordered the king's own carriages to be stopped, as they were passing through the city on the Sabbath. The court being next day to remove, the king, when he heard of the intemip- tion, started up in a great rage, swearing that he thought there had been no more kings in England but himself, and sent a warrant to the lord mayor, or- dering him to let them pass. He did so, but returned this answer, " While it was in my power, I did my duty, but that being taken away, it is my duty to obey."

JAMES VI. 365

teries from attending this. The two acts were forwarded to BOOK the king, with an apologetical letter. His majesty, how- ever, so far from being pleased with the concessions, was 16 1 7. hio-hlv enraged at what he considered as an insult, and in a Displeases

o J the king.

passionate epistle to the archbishop of St. Andrews, taunt- ingly asks, what is meant by a convenient room for admini- stering the sacrament in to a dying man ; for " what it im- porteth we cannot guess, seeing no place can be so conve- nient for a sick man, sworn to die, as his bed ?" Then no- ticing the order to the magistrates and honest men of the session, to prepare a table, at which the sacrament may be commodiously ministered, he sarcastically remarks, " True- ly, in this we must say, that the minister's ease, and com- modious sitting on his taile, hath been more looked to, than that kneeling, which for reverence, we directly required to be enjoyned to the receivers of so divine a sacrament." He accompanied his reproof with a strict injunction to ob- Orders serve the festival of Christmas, and an order to the council, Cll"stmas

. . ' . . tobestncc.

prohibiting them to pay stipend to any minister who had op- lykept. posed the passing of the articles. In a postscript written with his own hand, he added, " Since your Scottish church hath so far contemned my clemency, they shall now find what it is to draw the anger of a king upon them."

xii. These letters, which were intended to operate upon the fears, the necessities, and expectations of the poorer i clergy, were shown to the ministers of Edinburgh, and a number of others who had come thither from the country, to solicit an augmentation of their stipends. The effect was as anticipated ; it requires not only uncommon strength of principle, but of nerve, for a man to resist in the hour of temptation, when threatened with poverty on the one hand, and flattered with offers of competence on the other. It is no wonder then that some of the Scottish ministers yielded Several of

to the solicitations of their superiors, even against their own thc mini- . . mL , . . i r •> n sters com-

conviction. Ine wonder is, that so many were found firm piy.

in the day of trial.

xin. Unauthorized by the church, on the arbitrary man- Celebrated date of the king alone, the bishops proceeded to celebrate h,y the l)i" the festival of Christmas, December 25th, 1617, in their re- spective cathedrals, but the bishop of Galloway officiated as

366

HISTORY OF SCOTLAND.

BOOK VI.

1C1T.

The peo- ple disre- gard it.

1618.

tivals en- forced by proclama- tion.

dean in the royal chapel of Holyroodhouse, and the roofs of that venerable pile once more re-echoed to the sound of cho- risters, and of instrumental music. The retainers of the court, with the servants of the bishops alone attended, the people in general pursued their usual occupations, with more than ordinary industry, and the empty churches impressive- ly pointed out the deep and universal detestation in which this illegal attempt to introduce holydays, denounced by both the assembly and parliament as superstitious, was held. But the king, who wished to establish in Scotland, what he found it impossible to effect in England, that his proclamations should have the force of a law, ordered the observance of

Observance the festivals to be proclaimed at the Cross of Edinburgh, and of the fes- . . 1-1 i i

the magistrates to take strict charge, that these days were

not profaned by the exercise of any ordinary occupation. By his royal edict, he also commanded, that all the servants of the crown should communicate kneeling, at Easter and Pentecost, with which they complied, and they received the sacrament in this posture, administered by the bishop of Gal- loway, who before his acceptance of the mitre, Calder- wood informs us, was displeased if invited to partake of a Christmas pie.

xiv. The bishops, sensible of the reverence entertained for the decrees of the high judicatory of the church, not- withstanding their obedience to the king, did not seem alto- gether satisfied without the sanction of a general assembly, and therefore, strenuously urged the king to allow one to be call- ed. His consent was reluctantly given, and on the 25th of August, 1618, the last which met in his reign, was held at Perth. In a letter to this assembly — his farewell one to the re- presentatives of the Scottish church — he exhibits, in genuine unpalliated deformity, the pernicious effects of adulation and power on a weak mind, in increasing his arrogance, and nou- rishing his revenge. Because the meeting at St. Andrews had not, without hesitation, passed his illegal articles, " He had once determined to set himself above all law, and never again to call an assembly, but, by the innate power given The king's him of God, to make his will the rule of their obedience ; lt- and he would not now, he declared, be satisfied by mitiga- tions, delays, or shifts, he would only be content with a

General assembly held at Perth.

JAMES VI- 367

simple and direct acceptation of the articles in the form he BOOK had sent ; and the rancour he had long indulged against v*' the ministers of Scotland, and so frequently displayed, he 1618. unambiguously avows. " What and how many abuses were offered us by divers of the ministry there, before our happy coming to the crown of England, we can hardly forget, and yet like not much to remember. Neither think we that any prince living, could have keeped himself from falling in utter dislike with the profession itself, considering the many pro- vocations that were given us ;" but he desired, that on this occasion, they would let the world see by their proceedings, what a dutiful respect and obedience they owed to their so- vereign prince, and natural king and lord. This letter was transmitted by the dean of Winchester, sent expressly to iibring a particular account of the meeting. The articles The arti- which the assembly were required to adopt and authorize inf0rS their ijthe form sent, I insert at full length, both on account of their sanction, important consequences, and that the reader may have a full view of the subject.

I. KNEELING AT THE SACRAMENT. Seeing we are com- Kneeling

manded by God himself, that when we come to worship him, at sa" J ' crament.

we fall down and kneel before the Lord our Maker, and considering withal, that there is no part of divine worship more heavenly and spiritual, than is the holy receiving of the blessed body and blood of our Lord and Saviour Jesus Christ ; like as the most humble and reverent gesture of our body in our meditation, and the lifting up of our hearts best becotneth so divine and sacred an action : — Therefore, not- withstanding that our church hath used since the Reforma- tion of religion to celebrate the holy communion to the peo- ple sitting, by reason of the great abuse of kneeling, used in the idolatrous worship of the sacrament by the papists; yet, seeing all memory of bypast superstitions is past, in rever- ence of God, and in due regard of so divine a mystery, and in remembrance of so mystical a union as we are made par- takers of, the assembly thinketh good, that the blessed sa- crament be celebrated hereafter, meekly and reverently upon their knees.

II. PRIVATE COMMUNION. If any good Christian, visited Private with long sickness, and known to the pastor, by reason of },

368

HISTORY OF SCOTLAND

Private baptism.

BOOK present infirmity, be unable to resort to the church for re- ceiving the holy communion, on being sick, shall declare to 1618. the pastor upon his conscience, that he thinks his sickness to be deadly, and shall earnestly desire to receive the same in his house, the minister shall not deny him so great a comfort, lawful warning being given to him the night before; anc that there be three or four of good religion and conversation, free of all lawful impediments, present with the sick person, to communicate with him, who must also provide a conveni- ent place in his house, and all things necessary for the ad- ministration thereof, according to the order prescribed in the church.

III. PRIVATE BAPTISM. The ministers shall often ad- monish the people, that they defer not the baptism of infants any longer than the next Lord's day after the child be born, unless upon a great and reasonable cause, declared to the minister, and by him approved, the same be postponed. As also, they shall warn them that without great cause, they procure not their children to be baptized at home in their houses, but when great need shall compel them to baptize in private houses — in which case the minister shall not refuse to do it, upon the knowledge of the great need, and being timely required thereto — then baptism shall be administered after the same form as it should have been in the congrega- tion— and the minister shall the next Lord's day after any such private baptism, declare in the church, that the infant was so baptized, and therefore ought to be received as oneol the true flock of Christ's fold.

IV. CONFIRMATION OF CHILDREN. Forasmuch as one of the special means for staying the increase of popery, and settling of true religion in the hearts of the people is, that ;i special care be taken of young children, their education, andi how they are catechised, which in time of the primitive! church most carefully was attended, as being most profitabl to cause young children in their tender years, drink in th knowledge of God and his religion, but is now altogether neglected, in respect of the great abuse and errors whic crept into the popish church, by making thereof a sacramen of confirmation ; therefore, that all superstitions built there upon may be rescinded, and that the matter itself being mos

Confirma- tion.

JAMES VI. 369

necessary for the education of youth, may be reduced to the BOOK primitive integrity, it is thought good that the minister in ^' every parish, should catechise all young children of eight I61g> years of age, and see that they have the knowledge, and be able to make rehearsal of the Lord's Prayer, Belief, and Ten Commandments, with answers to the questions of the small catechism, used in our church, and that every bishop in his visitation, shall censure the minister who shall be found re- miss therein ; and the said bishops shall cause the said chil- dren to be presented before them, and bless them with prayer for the increase of their knowledge, and the continu- ance of God's heavenly graces with every one of them.

V. OBSERVATION OF FESTIVALS. As we abhor the su- Festivals, perstitious observation of festival days by the papists, and detest all licentious and profane abuse thereof by the com- mon sort of professors, so we think that the inestimable be- nefits received from God by our Lord Jesus Christ, his birth, passion, resurrection, ascension, sending down of the Holy Ghost, was commendably and godlily remembered at certain particular days and times by the whole church of the world, and may also be now ; therefore, the assembly ad- mitteth, that every minister shall upon these days, have the commemoration of the foresaid inestimable benefits, and make choice of several and pertinent texts of Scripture, and frame their doctrine and exhortation thereto, and rebuke all superstitious observation, and licentious profanation thereof.

xv. The general objections to these articles were strong and unanswerable, Viewed as matters not of vital import- General ance to religion, enforcing them upon scrupulous minds or obJeoti°ns» tender consciences, was directly in opposition to the aposto- lic injunctions, to take heed, lest by any means this power of yours, be an occasion of falling to them that are weak ; and " to give no offence, neither to the Jew, nor to the Gre- cian, nor to the church of God." They were likewise cal- culated to create divisions, and give rise to disputations, from which the Scottish church had hitherto been remark- ably free ; to excite a zeal for things of comparatively little moment, while the more essential duties of Christianity were overlooked ; and by their admission, to open a door for other more serious inroads upon the established religion. But

VOL. in. SB

370

HISTORY OF SCOTLAND.

BOOK VI.

1618.

Specific reasons against them.

there was one obstacle which ought to have been insurmount- able even to their introduction, and which should have pre- vented any man of sound moral feeling, from ever listening for a moment to any proposal on the subject — the sacred obligation of the oaths by which they were pledged, under the most awful responsibilities, to resist all innovation in the church discipline, not authorized by the word of God, espe- cially the introduction of any rites and ceremonies of man's invention, which had formed part of the sacred service in the church of Rome.

xvi. Besides these objections to the articles in toto, there were specific reasons for their individual rejection. The doctrine of transubstantiation, so strenuously inculcated in the Romish church, had entirely altered the institution of the HOLY SUPPER. Instead of a sacrament, it was transformed into a sacrifice, which the priests offered up anew for the sins of the people, every time they consecrated the wafer ; and when the host was elevated, the devotee knelt and wor- shipped the bodily presence of his Lord. This absurd and idolatrous reverence, the Scottish reformers viewed with abhorrence. They considered the sacrament instituted as a memorial for ever, of their dying Saviour's love, in par- taking of which, they held spiritual commuiHon with him as the head, and with the brethren as the members of that mysti- cal body, the church. The disciples received the bread and wine from the hands of the Saviour himself, in a reclining posture ; with what propriety then could his ministers require, that when they distributed the elements, they should be re- ceived kneeling, unless the ordinance were viewed as some- thing different from what Christ had instituted ; and as re-' ceiving from them a holiness and a character, which the im- mediate visible presence of the Lord could not bestow ? This argument, of which it is not easy to elude the force, in- duced the Scottish church to adopt the sitting posture in communicating, which was indubitably the most consistent with their view of the subject. In accordance with their own opinions, the papists, who believed in the efficacy of the sa- crifice of the mass for tile salvation of the soul, ordered it to be administered to the sick and dying, in private, in or- der to prepare them for the kingdom of heaven ; but the

JAMES VI. 371

Scottish church objected to this, as leading men to a super- BOOK stitious reliance upon an ordinance for safety, instead of resting VI> upon the one sacrifice, which the Saviour himself had offer- 1618. ed up for his people.

BAPTISM was considered by the Romanists, as a sacra- ment which effectually purified its subjects from the guilt and stain of original sin, and enabled the infant soul to appear pure in presence of the Creator ; and therefore, if a child were sickly, or apparently in danger, this essential rite was administered in private : — the Scottish ministers, who considered it as a sign or seal of the admission of a member within the pale of the visible church, allowed it only to be administered in presence of the church, and for- bade it in private, on account of the abuse to which it was liable. The imposition of hands after baptism, seems to have been an early, if not a primitive practice, but the bishops Same sub. of succeeding ages raised it to the rank of a sacrament, under the name of CONFIRMATION : — the Scottish church, who only saw in it the unauthorized addition of a new sacra- ment, rejected as useless, a ceremony, the necessity of which it requires some consideration to perceive, and they objected to the bishop's prayer and blessing, as the introduction of the supernumerary in disguise.

THE FESTIVALS of the church of Rome, commemorative of the varied events of the life of Christ, or instituted in honour of the apostles and saints, had been solemnly abjured by the Scottish nation ; but a number of them had been retained in the English service-book, and James wished at first to try how the Scots would relish the adoption of a few of the most important. Christmas, Good Friday, Easter, Ascension, and Pentecost were selected. The assembly objected, that the day of Christ's birth was uncertain ; that Christmas was a revival of the Roman Saturnalia ; that Easter had been dis- puted in the earlier ages, and that the king himself had de- clared, " that for Pasch and Yule there was no institution.'* But the articles were not allowed to be openly discussed, they were submitted to the consideration of a private com- mittee, composed so as to ensure a decided majority for the court. When their report was brought before the assembly, all opposition was quashed by the insidious man- ner in which the question was put. Without reference to

372 HISTORY OF SCOTLAND.

BOOK the merits of the case, the members were asked, Whether

V*' will you consent to the articles, or disobey the king? Nor

1618. were they allowed any discriminating power ; they were

explicitly told, whoever opposed any one of the articles,

would be held as opposing the whole ; and before the vote

was taken, Spolswood, to intimidate them, mentioned, that

the name of every one who opposed, should be presented to

Carried in his majesty. The articles were carried by a considerable

the as i- majorjty} but a minority of forty-five, whom no promises could

allure, and no threatening could terrify, saved the Scottish

church from absolute degradation.

xvii. When the assembly rose, the bishops prepared to enforce the observance of the obnoxious rites.* In a few weeks they were ratified by the privy council, and proclaim- Ratified byed at the cross of Edinburgh. Respect for the festivals was council"7 inculcatec* under the severest penalties, and the same wise and religious monarch, who recommended pastimes and re- velry on the Lord's day, commanded a cessation and abstin- ence from all kinds of labour and handy work on the five arbitrary holydays ; and denounced " all who should do in the contrair," " as seditious, factious, disturbers of the peace, liable to be punished in their persons and goods with all rigour and extremity." But acts and proclamations become futile when opposed to the universal sense of a people, and the articles of Perth had no greater recommendation. By the zealous and the sincere they were viewed with abhor- rence, and moderate men were disgusted with the manner in which the bishops forced upon the nation, things which Create uni- they themselves contended for as indifferent, and which content.18" some °f tne most fc>rward m now pressing had, not many months before, been the loudest to condemn. The minori-

* Furious zealots, either in religion or politics, are commonly among the first apostates when motives of interest are held out ; and it is notorious that such renegadoes are always the most violent persecutors. A ludicrous in- stance is related by Calderwood of William Struthers, one of the ministers of Edinburgh. " At a certain time being in Glasgow, when he saw Spotswood, then [arch]bishop of Glasgow, afar off, he went into a booth, and fell in a swerf. [swoon.] After they had given him aquavitae, and he had recovered, they asked what accident had befallen him ? He answered, saw ye not the character of the beast coming ?" On the promulgation of the articles of Perth, he was one of the most strenuous in imposing them, and one of the most fawn Ing on those in power, and was himself made a bishop .'

JAMES VI. 373

ty, who had supported the honour of the church in the as- BOOK sembly, did not quietly submit to what they considered an — XL- illegal stretch of power ; they disclaimed the authority of I that court, as unlawfully constituted, and its proceedings ias irregular; where freedom of debate had not been al- lowed, and in which the sentiments of the majority had not been fairly expressed. The articles were keenly scrutinized, and while the ministers declaimed against them from the pul- pit and the press, as at variance with the principles of the reformation, and inconsistent with the scriptures, the laity viewed them with disgust, as a servile imitation of the Eng- lish ritual, humiliating to the national dignity.

xvm. In the month of November, an unusually bright comet made its appearance for several nights together, which • amazed the nation, as the forerunner of some terrible cala- Imity; but the historians of the day are uncertain whether it Death of j; portended the death of James' queen, Anne, or the troubles Her ch&. in Germany, both of which events followed soon after. Theracter- character of the queen is described as amorous, bold, intri- guing, immmersed in politics, and possessed of little reve- •> rence for her husband's spirit, or talents for government ;* but her influence over the king was inferior to that of Buck- ingham, with whom she was under the necessity of coales- cing to dupe James, and her court was debased by that low, coarse buffoonery which she had adopted to please his taste, i and gain her ends. Yet her letters show her to have been a woman of discernment, and warrant the conclusion, that her faults were rather the effects of her situation than of her unatural disposition.

xix. The marriage of the elector Palatine with the prin- 1620. cess Elizabeth occasioned the ruin of the prince. The states : of Bohemia had revolted from the house of Austria, and taken arms in defence of their liberty and religion ; and Troubles in claimed from the emperor Ferdinand, that all the edicts nnany' enacted in favour of the protestant religion should be ob- served, and that the ancient laws and free constitutions of the country should be restored. Ferdinand armed for the recovery of his authority, and, besides his own subjects,

* Laing, vol. iii. p. 87.

374 HISTORY OF SCOTLAND.

BOOK formed a powerful alliance with all the catholic princes of the empire, with the king of Poland ; and particularly with

1620. his own relation, the king of Spain, who furnished large sup-

plies of veterans from Italy and the Netherlands, together

with vast sums of money, to stifle the spirit of freedom, ere

its breath should infect the neighbouring states. The Bo-

hemians, alarmed at the powerful combination, sought the

assistance of the evangelical union in Germany — all of whom,

except the duke of Saxony, acceded to the league — and in-

Prjnce Pa- vited Frederick, son-in-law to the king of Britain, and ne«

of Bohe'ng Pnew °f Maurice, who ruled Holland, to accept their crown,

mia. which they considered as elective. Without consulting either

of his relations, Frederick accepted the offer, and marched

his forces to assert his right. He was supported by two

thousand, four hundred English volunteers, who were rather

not forbidden than frankly permitted to embark for the con-

tinent

xx. James, whose ideas of the divine rights of kings were so exalted, that he concluded subjects must ever be in the wrong when they stood in opposition to those who inhe- rited or acquired this high title,* — from the very first re- garded the proceedings of the Bohemians as a revolt against their legitimate sovereign ; and not only refused assistance, but forbade the object of their choice, his own son-in-law, to English be prayed for under the title of king. The English entered at'the keenly into the dispute, and considering their honour as ira- king's neu- plicated in the fate of the daughter of their monarch, and their religion in that of Bohemia, would, at the first rumour, have flown to the assistance of their protestant brethren ; but when accounts were received of the unfortunate battle of Prague, which blasted all the hopes of the Palatine, and laid his country at the feet of the conqueror, their murmurs and complaints were vehement and loud against what their generous feelings viewed as a cold-hearted, pusillanimous neutrality.

xxi. James, who had allowed the time, when he mig interposed with effect, to pass away, after his only daughtei and her family were fugitives and exiles, had recourse to ne-

* Hume, vol. vi. p. 101.

JAMES VI. 375

gotiations and arguments to procure the restoration of her BOOK husband's dominions, and exhausted his funds in fruitless ^Jt embassies, as expensive as military expeditions. His neces- 1621 sities urged him to apply to his English parliament; but their subsidies, though liberal, were not adequate to supply his profusion, and he was advised to summon the estates of Scot- land. James had found the last so troublesome, that he was extremely averse to this project; and it was not till after re- peated attempts to introduce benevolences, or the raising money by voluntary loans, had failed, that he despatched the marquis of Hamilton as his commissioner to hold a parliament.

Hamilton was well qualified for the task allotted, and he Hamilton entered upon it with alacrity. Before he reached Edinburgh ?p?01,",te

tf O tO ilOJQ II

he began to tamper with the lords who came to meet him by parliament. ithe way, and taking them unawares and unprepared for business, gained their promise to support the king, ere ever they understood the extent of the measures he meant to pro- pose. He then arranged his mode of proceeding with the archbishop of St. Andrews, the dean of Winchester, and the principal officers of state ; and when the plan was fixed, His in- •made a show of consulting the nobility. During the inter- ^'^1 mediate days, he continued " his dealing with particular men nobility, iof every estate, and specially the noblemen whose favour he °* pressed to conciliate, by hearty conversation and feasting.'1* With the ministers he pursued another course. A number had assembled in Edinburgh to watch the proceedings of parliament, and petition against the articles of Perth ; the petition was suppressed, and the petitioners imprisoned. But some having assembled with the commissioners for the shires and burghs in unofficial meetings, where the questions to come before parliament were the subjects of conversation, the council, afraid of their influence and arguments, issued an arbitrary order for the whole instantly to quit Edinburgh Ministers under pain of horning. They did so, leaving a protestation, ]cave Edin- which was afterward affixed to tjie cross. burgh.

xxu. The parliament sat down, or, in Scottish phrase, 1'arlJament " the riding," took place on the 25th July. The busi- ness was opened by the marquis of Hamilton in a long

• Earl of Melrose to K. James, Hailes' Mem. p. 28, 102.

meets.

376 HISTORY OF SCOnAND.

BOOK speech, filled with ridiculous praises of the piety, wisdom,

and love of the king for his subjects, and fulsome asser-

1621. tions respecting his motives and conduct. His pecuniary

Hamilton » ernDarrassments, which notoriously arose from his waste and

opening ?

speech. mismanagement, were represented as the effects of his con- stant disbursements to support his son-in-law, and prevent his utter overthrow, till he, by mediation and treaty, should procure restitution of his patrimony, " in which the expense of his ambassadors, ordinary and extraordinary, was such as were not communicable to the vulgar sort ;" and he as- serted, that his majesty, influenced solely by his care for the protestant religion, had married his daughter to the elec- tor Palatine, in preference to accepting the offers of power- ful catholic princes, who would have bribed him with infi- nite treasures to have granted them the honour of his roy- al alliance. He therefore exhorted them to increase the quantity of their wonted contributions, assuring them, in his majesty's name, if they should behave themselves wor- thily, his majesty would not hereafter trouble them with any more demands for monies. In enforcing their ratifica- tion of the articles of Perth, he declared, if they would obey and confirm the acts already made, the king would never propose any future alteration. The chancellor followed in a similar strain ; after which the lords of the articles were chosen, " with such dexterity," says secretary Melrose ir a letter to the king, " that no man was elected — one onl) excepted* — but those who, by a private roll, were selectee Mode of as best affected for your majesty's service."f This dex- the liordf of ter'lty consisted in a flagrant invasion of the rights of parlia the articles ment by the king's commissioner, who introduced a new me thod of choosing this body, which gave the king a com

* Sir John Hamilton, baron of Preston, seems the obnoxious person her pointed out. He made a firm stand against the articles of Perth, in the pii vate meeting of the lords of the articles, and resisted every solicitation of li chief, the marquis, and secretary Hamilton, to vote for them in public. Wtie: reminded of his duty to his majesty, he replied : — " He would not offein God willingly, nor make to himself a hell in his own conscience, for the plea sure of any man." He was then requested to absent himself, if he would nc vote as desired ; but he persisted in his resolution to defend and support th cause of truth.

f Hailes' Memorials, p. 94-

JAMES VI. 377

plete command of their election. Formerly the temporal BOOK

lords nominated eight of the spiritual, the spiritual eight of

the temporal, and the commons, from their own numbers, 1521.

eight commissioners for the shires, and eight for the burghs.

On this occasion the prelates chose eight noblemen, who,

in return, chose eight prelates, and these sixteen selected

the requisite number of barons and burgesses from the third

estate.

xxur. A subsidy, equal to the largest ever granted, was voted, but not without very considerable opposition to the manner in which it was to be raised. To a general land tax there was little objection ; but an imposition of five per cent, on annual income was vigorously opposed by the third Tax on in"

OOniC T6-

estate, — the lesser barons and the burgesses, — who ob- sisted. jected to the inquisitorial nature of the tax, and the mis- chief which would arise to many, a disclosure of whose cir- cumstances might shake their credit, and occasion their ruin ;* and so averse were numbers of the noblemen and ba- rons to this plan, that the commissioner resorted to what would now be considered the extreme of despotism ; he for- bade their assembling together to consult, or reason upon the business before parliament previously to giving their vote, ! and with the assistance of his friends, laboured night and

'

i day to sow discord, and prevent them from acting in unison, the mem- To effect this he used still more infamous means. He em- ployed spies to insinuate themselves into the company of the noblemen and commissioners for the shires and burghs, who pretended a dislike to the proceedings of the bishops, and approved of all they heard from those who were sincere in their aversion to the innovations ; and at night they returned with their report to their employer, who thus knew the dis- positions of his opponents, and was prepared to meet them.f He intended to have had recourse to severity, but the dis- satisfaction was so general, that it was necessary to employ more mild means, which in the end proved successful. The amount of the supply, which was understood to be fourhun- Supply dred thousand pounds Scots, equivalent to about thirty-three £ranted-

* Melrose's Letter to K. James. Hailes' Mem. p. 99-100.

f Caldenvood, p. 776. VOL. in. 3 c

378

HISTORY OF SCOTLAND.

BOOK VI.

1621.

Articles of Perth rati- fied.

Black Sa- turday.

The arti- cles pro- claimed— ministers protest.

thousand pounds sterling, was not specified, in order to spare the pride of the country, whose poverty it would have exposed

xxiv. The articles of Perth were brought forward last. They had not passed the lords of the articles unanimously, and they encountered considerable resistance in the estates ; all the efforts of the officers of the crown having been only able to procure a majority of twenty-seven in their favour. On the last day of the parliament, the inhabitants of Edin- burgh testified their disapprobation by remaining within their houses, and allowing the procession to ride from the palace to the tolbooth in sullen state, amid the silence of a very few spectators. At the very instant when the king's commissioner, rising from the throne, had stretched forth the sceptre to ratify the acts, a black thunder cloud burst over the house; the lightnings shed a momentary gleam through the darkness in which the apartment was involv- ed, and three tremendous peals almost instantly followed. The thunder was succeeded by a shower of rain, mingled with hail, which swelled the rivulets to brooks, and kept the members confined for upwards of an hour and a half, and prevented the rising of the parliament from being announced, by the carrying of the honours, or the riding of the estates. This storm some of the more zealous represented as expres- sive of God's displeasure at the perjury of those who ratified the articles of Perth. The prelatic party likened it to the thundering at Mount Sinai, at the promulgation of the law. The common people called it the black Saturday. The same omen accompanied the proclamation of the acts on Monday at the cross of Edinburgh; but a protestation against all the encroachments made upon the liberty and privileges of the church since the reformation, which was af- fixed, with the usual solemnities, by doctor Barclay, in name of his brethren, upon the Cross, the kirk door, and the pa- lace gate, was a portent of less doubtful interpretation, and to which it had been well that the men in power had attend- ed, knowing — as they must have done — the state of the pub- lic mind.

xxv. The bishops, who seemed now to think they had obtained every thing when they got an act of parliament in

JAMES VI. 379

favour of their rites, determined to exert the power confer- BOOK red on them by the high commission, and enforce uniformity. _ A violent persecution was immediately commenced. While 1621- the articles of Perth remained unratified, their proceedings had been both vexatious and harsh ; but now, armed with legal weapons, they suspended and imprisoned, or banished Arbitrary to the most rugged and distant parts of the country, the f^0,e*f "th ministers who did not immediately and readily comply, bishops, The king, to whom these laws were peculiarly agreeable, wrote to the prelates in high spirits on the occasion. " The greatest matter," said he exultingly, " the puritans had to ob- ject against the church government was, that your proceed- ings were warranted by no law, which now, by this parlia- ment, is cutted short. So that, hereafter, that rebellious, dis- obedient, and seditious crew, must either obey, or resist God, their natural king, and the law of the country. It resteth, therefore, to you to be encouraged and comforted by encourag- this happy occasion, and to lose no more time in procuring £• ^ *' a settled obedience to God, and to us, by the good endea- vours of our commissioner, and our other true hearted sub- jects and servants. The sword is put into your hands, go on, therefore, to use it, and let it rest no longer." " Papis- try," he said, " he had given orders to suppress ; but it was only a disease of the mind, puritanisme was the more dan- gerous one of the brain." In conclusion, he urges his not unwilling satellites to go forward in the action with all speed, wishing them stout hearts and happy success.* This letter The council was followed by one to the council, commanding all the offi- enf0r^e cers of state to conform, under pain of being deprived of conformity, their offices. Any advocate or clerk refusing was to be suspended from the exercise of his office, and no person was to be appointed sheriff of a county, or chosen magistrate of a burgh, who had not given obedience. Necessity, or in- terest, insured compliance with the royal will from the coun- cil, the lawyers, and hangers on about court. The burgesses T e bur~ • were more unbending ; they deserted the churches where Edinburgh kneeling was practised, and flocked to others where the old refuse> form of sitting was still retained ; and it was not till almost

« Calderwood, p. 785.

380

HISTORY OF SCOTLAND.

BOOK VI.

1621.

all the magistrates of the burghs had been changed, accord- ing to the court lists, that the semblance of uniformity could be obtained.

xxvi. The ecclesiastical persecutions were unrelentingly continued, notwithstanding the land was suffering under the severe calamities occasioned by an inclement season. Inces- sant rains prevented the corn from ripening ; the harvest was late, and when even at this day, with our improved mode of agriculture, a late harvest is ruinous in the hill country, we may judge of the misery such an occurrence then would occasion. The late harvest was succeeded by winter floods, which, in many places of the country, swept away the farm houses, with their owners, cattle, and corn. Perth in- The town of Perth was surrounded with water, by the swell- ing of the Tay on the one side, and the Almond on the other, and for seven days the only communication, even between house and house, was by water ; and on the 4th of October, ten of the arches of a fine bridge, only newly finished, were carried away. The Tweed, too, rose to an uncommon Bridge over height. A new union bridge was destroyed by the violence sweptaway. of the stream. The king, who liked any thing that had the appearance of joining the two kingdoms more closely to- gether, had sent down a posie to be inscribed on the key- stone : — Hoc uno ponte duo regna conjunxi ; Dens diu con- juncta servet. " I have joined two kingdoms by the one bridge may God long preserve them united !" The magistrates, wh( wished to do all reverence to his majesty's inscription, delayec putting in the key-stone till the king's skole* were drunk a that part of the bridge, and the Lord's 'day was appointee for the grand fete ; but the speated Tweed came down heav; two days before, and the bridge being insecure, part of it shattered pillars only was left to mark where the junctioi was intended. The storms were succeeded by a threatene< famine, by which numbers of respectable individuals wen reduced to a state of the utmost indigence, and wanderinj beggars increased to an intolerable degree.

xxvn. While the king was urging the bishops to rigour

* A drinking bout on receiving a gift, or in honour of any person, or on the completion of any great undertaking.

A great scarcity.

JAMES VI. 381

be displayed his own merciless disposition in the end of BOOK this year, in his treatment of two distinguished sufferers, John Welsh and Robert Bruce. Welsh, after fourteen t62i. years' banishment in France, had lost his health, and his ^^^j1' native air was recommended as the only means left, which and Bruce.

ve any chance of recovery.* By great interest, he was permitted to come to London, but no intreaty would induce James to allow him to visit Scotland, unless he complied with what in his conscience he believed to be wrong. He languished a short time, and expired in the English capital. Bruce had been long confined to Inverness. He had peti- tioned repeatedly for leave to come to Edinburgh, to settle some private business of great importance, and when he could not obtain it, he came secretly. On being discovered, ic was first warded in Edinburgh castle, but afterward, as a avour, was confined to his own house of Kinnaird, for some months, whither immense numbers resorted ; when the bi- shops, who felt that they were despised, chagrined at seeing another honoured, wrote to the king, who immediately sent Mr. Bruce an order to return to Inverness. Considerable ntercession was made to obtain leave for him to remain only till the weather should become milder, but this small ndulgence could not be given. The refusal was conveyed in a taunt, " We will have no more popish pilgrimages to

* Mrs. Welsh, by means of some of her mother's relations at court, obtain- ed access to James, and petitioned him to grant this liberty to her husband. The following singular conversation took place on that occasion. His majes- ty asked her who was her father, she replied, " Mr. Knox." " Knox and Welsh," exclaimed he, " the devil never made such a match as that." " It's right like, sir," said she, " for we never spiered [asked] his advice." He ask- ed her how many children her father had left, and if they were lads or lasses. She said three, and they were all lasses. " God be thanked !" cried the king, lifting up both his hands, " for an they had been three lads, I had never brnik- ed, [possessed] my three kingdoms in peace." She again urged her request, that he would give her husband his native air. " Give him his native air ! Give him the devil," replied the king. " Give that to your hungry courtiers," said she, offended at his profaneness. He told her at last, that if she would per- suade her husband to submit to the bishops, he would allow him to return to Scotland. Mrs. Welsh, lifting up her apron, and holding it towards the king, i replied, in the true spirit of her father, " Please your majesty, I'd rather kep ; his head there."0 M'Crie's Life of Knox, vol. ii. p. 274.

• I would rather receive his head there, when severed from his body by the executioner.

382 HISTORY OF SCOTLAND.

BOOK Kinnaird :" and the man to whom James acknowledged he

**• owed more than he could ever pay, was, without a crimej

162K sent in his old age, during the depth of winter, to a distant

imprisonment in a barbarous district.

1622. xxvin. James, who averred that he had rejected the al protected8* M'ance °^ many powerful popish princes for his daughter between from attachment to the protestant cause, discovered ver) Charles and different sentiments respecting the marriage of his son a princess Dazzled by the splendour and wealth of the Spanish mo narchy, he eagerly courted an alliance, and solicited the hanc of one of the royal family, for the heir apparent of the Bri tish crown. This match, so hateful to both nations, was re- tarded by the difficulties which arose from the difference o religion between the parties, and the necessity of obtaining a dispensation from the pope, before it could be celebrated. During the protracted negotiations, James, in order tcf smooth the way as much as possible, directed, that all the The popish popish priests and recusants who were imprisoned, should released ° ^e set at 1'berty ; and the lord keeper, in his letter to the judges, informed them, that it was his majesty's pleasure, that they, upon receipt of his writ, " make no niceness or difficulty in extending his princely favour to all such papists as they should find imprisoned in the jails of their circuits, for any recusancie whatsoever ; or for having or dispersing popish books, or hearing mass, or for any misdemeanour which concerned religion only, and no matter of state.* The Scots The whole Scottish nation were filled with apprehension at this proceeding of the king, and their forebodings were rendered still more distressing, by his having apostatized from some doctrinal points held by the reformed churches both James be- of England and Scotland, and embraced the opinions of Ar- minian. " niinius, which the synod of Dort had condemned.

xxix. The doctrines of predestination and free will are irreconcilable by any process of human reasoning ; yet we know that we are free agents, and dare not deny that God foresaw all the consequences of man's creation, and that he has complete control over them, without denying his attri- butes of omniscience and omnipotence ; but in pursuing these subjects, we find that they involve an inquiry into the origin of moral evil, and its introduction into the fair crea

JAMES VI. 383

tion of God, an object of investigation to which our limited BOOK powers are not adequate. The reformers, therefore, in whose creed the depravity of human nature formed an essen- 1622. tial article, feeling that they were free agents, even when ^e d°?" complying with this original bias ; but believing at the same reformers, time, that no one event in their lives happened without the foreknowledge of him who is acquainted with all our thoughts, while yet afar off; or in opposition to his power, without whose permission, a sparrow cannot fall to the ground, preached the doctrines of distinguishing grace, and particu- lar election ; but some, by the inaccurate manner in which they enunciated their propositions, taught the doctrine of reprobation, or the fore-choosing of the majority of mankind to eternal destruction. Arminius, startled at a conclusion Of the Ar. which he thought made God delight in the destruction of m his creatures, denied the doctrine of absolute predestination, and maintained, that a state of reward or punishment was pre-ordained for those whose voluntary conduct merited the one, or deserved the other ; but whose actions, although fore- seen and permitted, had not been pre-determined by any ab- solute decree. The guilt of original sin was either palliated or denied, and the eternal duration of punishment was repre- sented as inconsistent with the universal benevolence of the Deity.

xxx. These opinions, considered by both the churches of the two kingdoms as heretical, were imbibed by the king : and as he considered the royal creed the standard of belief for the nation, forgetting that by himself they had once been strenuously opposed, forbade them now to be preached against; and in a letter to the bishops of England, com- manded the preachers and lecturers on Sundays and holy- days, in the afternoons to teach only the catechism, or take some text out of the Creed, the Ten Commandments, or the Lord's Prayer, and to abstain in their sermons, from treat- ing of the deep points of predestination, election, reproba- i tion, the universality, resistibility, or irresistibility of grace. Divisions [ It was in vain that the king and the bishops mocked thein the people, by asserting that this mandate was intended to pre- these vent divisions, while its evident tendency was to stir up newP°ints- and unnecessary dissensions in churches, already too much

384 HISTORY OF SCOTLAND.

BOOK distracted. The prelates, whose teaching was moulded after the fashion of the court, adopting without hesitation the te-

1622. nets of Arminius, and the ministers, who viewed with sus- picion whatever passed through the royal crucible, adher- ing to their old confession of faith, the new opposition in doctrine between the two parties, became no less irreconcil- able than the still unsettled dispute respecting rites and ce- remonies.

James' ex- xxxi. The pretext for releasing the papists, was like all ieasin^the" l^e SUDternjges °f James, both futile and false. It was pre- papists. tended that he was treating with the French king for peace to the protestants in France, and with the king of Spain, about withdrawing his troops from the Palatinate; and that his tenderness for brethren of the same faith abroad, and his desire to procure an alleviation of their sufferings, prevented him from dealing harshly with the Roman catholics in Bri- tain. But his charity for the protestants was of that ques- tionable kind, which is so very benevolent to aliens and fo- reigners, that there remains nothing for home distribution The nonconforming ministers in Scotland, shared in none of the indulgences granted to the papists ; they continued to be

Persecu- imprisoned, fined, and in some instances persecuted, to all tion of the i r i r r\

presbyteri- appearance, merely trom a love ol persecution. George

&na" Johnston, minister of Ancrum, in the seventy-third year of

his age, upwards of fifty of which he had spent in the minis- try, was summoned before the high commission court at Edinburgh, for not complying with the articles of Perth, and threatened with horning, in case of non-appearance. The

Johnston of excuse he sent in was simple and pathetic. " If my age of seventy-three years, and my infirmities, a swelling in both my legs, a constant fever after travelling in the open air, with the other miseries attendant on old age, which I sub- mit to you lordships' consideration — having, moreover, pass- ed a jubilee of years in the ministry, without deprivation or suspension — may not hold me excused from coming to Edin- burgh, with manifest, hazard of my health and life ; if these reasons, I say, cannot serve your lordships, I take me tc God's mercy, not being sensible of any crime." He was

Deprived, notwithstanding, deprived, and banished to Annandale.

1623. xxxn. Such contradictory proceedings naturally gave ris<

JAMES VJ. 385

to murmurs among the people, which became at length suf- BOOK ficiently strong to reach the royal ear. James, in an impe- ^' rious style, directed the privy council of Scotland, to put ~~ upon their trial, any person who had the presumption to call his conduct in question, and punish them with the utmost severity. But scarcely had they received this injunc- Journey of tion, when the news of the prince's journey, [to Spain,] says Spain" Spotswood, " made all good men amazed," and silenced for causes an a while the stroaig assertions which .had been so unblushing- ly repeated, respecting the pious aversion his majesty enter- tained for any connexion with the papists. The king him- self seems to have been aware of the effect the intelligence would produce in Scotland, for he instantly ordered a letter to be despatched by post, endorsed u For life," commanding the chancellor to suppress, with the utmost diligence, every report that might reach Scotland; but the post was detain- ed by some accident on the road, and the news arriving by sea before the instructions came to hand, were spread over the whole country, before any steps could be taken to stop it. The return of prince Charles however, and the break- Joy at his ing up of the matrimonial treaty, gave great joy to the na- r< tion ; but it appeared to give fresh vigour to the proceedings of the prelates, against the refractory lieges who would not yield to them implicit obedience.

xxxiir. The Edinburgh churches had a practice of per- 1624. , haps doubtful utility. Some days before the communion, ^mb/irg1' I the council, session, and citizens met in the church, and the meeting ministers withdrawing, the congregation were asked thrice, I if they had any thing to object to their doctrine or conversa- , lion. If any objections were made, the accused minister was then called in, and being informed of the charges, was desired to offer what he had to say in vindication ; and if no- thing was stated, his exemplary conduct, and edifying teach- ing were gratefully acknowledged. In the month of March, 1624, at a meeting of this kind, Mr. Forbes, one of the mi- nisters, was accused of saying that a .coalition might be easi- accuse ly affected with the papists on many of the controverted of being1" 6 points, particularly that of justification, which some of his favourable hearers affirmed was in opposition to what they had ever pists> ] been taught; for their former preachers had ever affirmed VOL. ni. 3 D

386 HISTORY OF SCOTLAND.

BOOK that there could be no agreement, more than between ligh( VI- and darkness ; but when called upon to explain or vindicate his assertions, he said he would not deign to come among The other them, and retired home in a passion. The citizens then support" requested the advice of the other ministers how to proceed, him- but they made common cause with Forbes, and told them

they had no power to judge of their doctrine. The Bereans tried Paul's doctrine, cried some one in the meeting, but no answer was returned. Kneeling at the sacrament was then introduced, and the ministers were entreated to restore the old fashion ; but they objecting to the regularity of the meet- ing, it was broken up, and never again was any similar one convened.

Complain xxxiv. Had the affair rested thus, there might have, per- iin^' haps, been little to condemn in the conduct of the ministers ; but, determined upon vengeance, they incensed the king by their representations, and procured instructions to be sent to the privy council, for a select few of their body to exa- mine and bring to trial six of the principal citizens, for their Proceed, behaviour upon that occasion. William Rigg, one of the jrafnst'bai- bailies, was among the number of those summoned. At his lie Rigg. appearance, he defended the meeting, as convened accord- ing to a laudable custom, which had boen observed by the church in Edinburgh ever since the Reformation ; which was thought needful, and found profitable, in removing, be- fore they partook of the holy communion, any misunder- standing which might have arisen among the ministers, or His de- among the people, or between the ministers and the people; for this cause they were publicly invited by the ministers themselves, to resort to the east kirk; he justified their con- duct from the command of the apostle, not to believe every spirit, but to try the spirits whether they be of God ; and contended for its necessity, on account of the strange doc- trines lately delivered from the pulpit, so unlike what they had been accustomed to hear. The others returned similar answers, and as there was no existing law against an autho- rized custom, the council would willingly have allowed the citizens to depart without farther trouble, but the archbishop of St. Andrews suggested to the chancellor, some interroga- tories respecting their having desired the ministers to re-

JAMES VI. 387

store to them the old mode of administering the sacrament. BOOK They all confessed they had ; only Rigg, who really had not said any thing upon the subject at the meeting, confused by 1624. the teasing examination, acknowledged that it was his senti- ment, and he believed he did say so to the minister ; after- wards, however, upon better recollection, he desired to amend his answers, and be allowed to prove that he had not spoken about the communion, but this was refused, and the minutes of the proceedings sent to the king for his inspection. The king, without delay, ordered the counsellors who had pre- Punish- sided at the examination, to deprive William Rigg of his of- m fice, fine him in fifty thousand pounds, imprison him in Blackness castle till the fine was paid, and afterward banish him to Caithness. Three of the others were ordered to be sent to Edinburgh jail, during the royal pleasure, and the remaining two to be confined in Elgin and Aberdeen. The committee of the privy council, averse to this severity, re- Mlt!i>ated ferred it to the judgment of the whole, who mitigated the council, sentence against Mr. Rigg, and only ordered him to remain at home, till they should hear again from his majesty. His majesty was inexorable, and they were sent into ward ; only it would appear that the privy council, who began to be jea- lous of the usurpations the prelates were making upon their jurisdiction, evaded levying the fine on Rigg, the greater part of which would have found its way into the pockets of the bishops.* The two, ordered to distant imprisonment, found the council willing to hear their pleas for delay, till the death of the king freed them from farther trouble.

xxxv. The severities inflicted by the bishops, not only disgusted the people with their order, their ceremonies and their communion, but endeared to them the cause for which they were suffering, and their pastors, who they believed, were persecuted for conscience' sake. The ministers who were deprived, refused to submit to the sentence of the high commission for silencing them, as they considered the court illegal, and its proceedings unjust, continued to exercise their calling, and preached in private houses to numerous con-

* Calderwood, p. 806-10. Spotswood, 545. Hailes' Memorials, p. 147- 151.

388 HISTORY OF SCOTLAND.

BOOK gregations ; while the conforming clergy thundered out their anathemas against schism and rebellion, or poured forth the

1624. praises of peace and passive obedience, to the men in office, tionClama~ tne PauPers °f tne parish, or empty benches. This was not gainst pri- to be borne ; but the proclamation which forbade meeting hTs for"™ *n Pr'vate houses, for preaching, exhortation, or such reli- ligious ex- gious exercises, discovered at once the enmity of the pre-

ses' lates, and the extent of the practice. " We have of late known," says his majesty, " to our unspeakable grief, that a number of our subjects, misled by the turbulent persuasions of restless ministers, either deprived of their functions, or confined for just causes, or affecting hypocritically the glory of purity and zeal above others, have casten off the obedience they owe to our royal authority, and to their pastors, ab- stained to hear the word preached, or the sacraments mini- stered in their own parishes; and in the end, numbers of them have assembled in private houses in Edinburgh and other places, to hear from intruding ministers, preachings, exhortations, prayers, and all sorts of exercises at the very ordinary hours," " when their own pastors were preaching in their parish kirks." Immediately after, another was is- sued, commanding all the inhabitants who were of age, to be present at the celebration of the sacrament of the Lord's Supper on Christmas, and to communicate kneeling, threat- Forthe ce- ening the removal of the courts of justice, in case of non- ChrTstams.f compl'ance- The king expected by this menace, to produce conformity in the capital, and if Edinburgh once yielded, the rest of the country would follow the example. Such, however, was the spirit of the people, that a majority of the burgesses declared, that rather than comply, they would see the town in ashes ; but while the preparations were making for carrying this purpose into effect, the plague broke out, and the principal inhabitants flying from the Suspended town, their resolution was not put to the test. The obser- o"theC°Unt vance was suspended till Easter, but before Easter arrived, plague. James was in that land where " the wicked cease from trou- bling,"

1625. xxxvi. The marquis of Hamilton died early in the year thTmar- 1625. When his death was reported to James he was ex- quis of HJI- ceedingly affected ; and feeling, perhaps, some symptoms of

milton.

JAMES vr. 389

decay, he is reported to have said: — "If the branches be BOOK thus cut down, the stock cannot continue long." His say-

1 />o r

ing proved prophetical. In his latter years he had become attached to the pleasures of the table, and indulged too free- iy in potent libations of sweet and spiced wines. He be- eame, in consequence, gross in his habit; but the disease that carried him off was a tertian ague, which seized him in the month of March. During his illness he was miserably at- tended by the wretches who had flattered him so profusely while in health ; even medical assistance does not appear to have been regularly afforded, and some empirical prescrip- tions, which in his impatience of confinement he had caused to be administered to him, operating unfavourably, acceler- ated his end. His death was attributed to poison, rather, perhaps, because Buckingham was believed capable of any atrocity, than that there were any real grounds for the sus- picion.* He expired on the 23d, in the fifty-ninth year of Death of his age, having reigned twenty-two years and some days over England, and been the crowned king of Scotland almost from his cradle.

xxxvii. His reign was disturbed by no foreign warfare ; but almost the \yhole of it, after he assumed the direction, was employed in sowing the seeds of internal commotion. Un- fortunately the factions of his native kingdom raised him pre- maturely to the throne, and his first favourites, who were dissolute and unprincipled, flattered his failings, which it would have required the most rigid discipline to correct. From them he most probably derived that complete and unblushing disregard for common truth and common honesty, which characterized almostall his measures whether public orprivate. It is certain with them he learned the absurd and abominable accomplishments of profane swearing and lascivious conver- sation, which banished decent manners from his court. His first acts displayed his ingratitude to his best friends; and His charac- his fond attachment to a handsome person and polished ex-ter- tenor was more ardent and lasting than was seemly for man-

* Egelsham, one of the king's physicians, wrote a pamphlet to show that the king was actually poisoned — Guthrie, vol. ix. p. 137. And Buckingham was afterward questioned in the house of commons, not directly about poisoning the king, but for applying remedies without the advice of the physicians.

390 HISTORY OF SCOTLAND.

BOOK hood to show to boys. He was profuse, but not liberal} **• crafty, but not wise ; mean, selfish, and vindictive. Though 1625. facile in granting pardons to traitors who endangered the state, it would be difficult to point out one instance of his having forgiven a personal offence ; and though lavish of his honours, it would not be easy to find many virtuous men on whom they were bestowed. He could speak of the advan- tages of trade, and of the civilizing of his barbarous sub- jects ; but he did nothing for his native country ; and let not the spirit of the English, and their growing prosperity, be imputed as virtues to him, who neither liked the one, or promoted the other. He was intolerant, dissembling, vain, and accessible to the grossest flattery. His learning was pe- dantic, and his religion, but for the mischief his polemics oc- casioned, might have been safely pronounced a farce. His • manners were coarse ; his familiarity low and undignified.* In his person " he was of a middling stature, more corpulent through his clothes than in his body, yet fat enough ; his clothes ever being made large and easy, the doublets quilted for stiletto proof ;f his breeches in great plaits, and full stuff- ed. He was naturally of a timorous disposition, which was the greatest reason of his quilted dc-ublets. His eyes large, ever rolling after any stranger who came in his presence, in- somuch as many for shame have left the room, as being out of countenance. His beard was very thin. His tongue too large for his mouth, which ever made him speak full in the mouth, and made him drink very uncomely, as if eating his drink, which came out into the cup on each side of his mouth. His skin was as soft as tafFata sarsnet, which felt so because he never washed his hands, only rubbed his finger ends with

* Buckingham begins all his letters to his sovereign, " Dear Dad and Gos- sip," and proceeds in such strains as follow, after apologizing for four unan- swered letters: — " For so great a king to descend so low as to his humblest slave and servant, to communicate himself in a style of such good fellowship, with expressions of more care than servants have of masters, than physicians have of their patients — which hath largely appeared to me in sickness and in health — of more tenderness than fathers have of children, of more friendship than between equals, of more affection than between lovers of the best kind, man and wife, what can I return !" — Hailes' Mem. p. 129.

f He was terrified for the catholics, who, he used to say, were expert king- killers. It has been remarked, that he favoured them from the same principle1 that Indians worship the devil.

CHARLES I. 391

the wet end of a napkin slightly. His legs were very weak, BOOK having had, as was thought, some foul play in his youth, or _ rather before he was born ; that he was not able to stand at 1625. seven years of age ; that weakness made him ever leaning on other men's shoulders. His walk was ever circular."* Few kings have lived less respected, or died more generally unlamented.

. CHARLES I.

xxxvin. IMMEDIATELY on the death of his father, Charles Charles I. despatched a messenger to the privy council in Scotland, in-

! timating to them that all the officers of state and magistrates were to retain their situations till his will should be farther

t known. A general mourning for the late king was at the

I same time ordered, and the chapel and palace of Holyrood- house were hung with black. On the last day of March he Proclaimed

I was proclaimed at the cross of Edinburgh with the usual so-at *-din- lemnities, and next day the chief ministers of the crown set off' for London, to assist at the funeral of the late, and offer their congratulations on his accession, to the new king. During their absence a number of depredations were committed in the western seas by the restless, piratical islanders; but Ar-Djsturl) chibald, lord Lorn, having raised two thousand men to guard ances quell the country, while two ships of war, under the baron of Kil-^*"1 syth, scoured the seas, they appear to have been speedily

i and effectually suppressed.

xxxix. The first twelve years after Charles came to the. crown, so important in England, were distinguished by few remarkable events in the internal state of Scotland ; but un- fortunately these few were not such as to allay the ferment, or sooth the discontents of the late reign. The first acts of a young monarch generally stamp a character upon his go- vernment, which it is apt to retain, and if not absolutely nox- ious, are always viewed in the most advantageous light ; but Causes of

I (Charles was unhappy in having excited the suspicions of the ^jj^L0* people before he came to the throne, by his romantic ex- pedition to Spain j and he corroborated them by his mar-

• Balfour's Hist. Works, vol. ii p 109. Sir James adds some very ludi- crous but indelicate particulars.

392

HISTORY OF SCOTLAND.

BOOK VI.

1625.

He deter, mines to support e- piscopacy in Scot- land.

Dictates the choice of Magis- trates.

Com. menoe- ment of his trou- bles.

riage with a princess of France, — the lovely and accomplish- ed Henrietta Maria — whose religion was in part the cause of her husband's misfortunes, and those of their posterity ; nor was he discreet in at once avowing the extent to which he carried the obnoxious doctrines of his father respecting ec- clesiastical conformity, and the king's supremacy in the church.

XL. In England he was unpopular from the first ; but some indistinct accounts of his piety and moderation had reached Scotland, which induced the dissenters from the articles of Perth to imagine that they would find him more propitious than his father ; and they deputed Mr. Robert Scott, minister at Glasgow, to present their suppli- cations for redress. The answer was unfavourable ; they found the king resolved to maintain the church government his father had established. Instead of affording relief, Charles wrote to the primate to proceed in the good cause in which his father had put him, and take care that all the bishops did the same ; and lest any doubt might remain upon the subject, a proclamation was published, ordering all persons to be punished according to law who dared to dis- turb his majesty's government by circulating false reports, and endeavouring to persuade the lieges that he intended to make some alterations in the government of the church, of which he had not the most distant thought. This was followed by a peremptory order to the town council of Ed- inburgh, to elect only such magistrates as paid obedience to the articles of Perth.

XLI. When Charles avowed the same principles, all the accumulated grievances of his predecessor's misgovernment, which in any case would have pressed heavy on him, became identified with his own mistakes ; and the stubborn spirit of rising independence and jealous watchfulness, in the Eng- lish house of commons, which had disturbed the last years of the father, very soon interrupted the tranquillity of the son. He became involved in disputes with them in the very first session of his first parliament, and their protracted con- tentions prevented him for a time from urging his affairs in Scotland to an extremity ; but the revocation of unappropri- ated tithes and benefices was one of those impolitic acts!

CHAKLKS J. 393

which fanned the embers of discontent, and extended the BOOK flame beyond the limits to which repugnance to ecclesiastical VI. uniformity alone would, perhaps, have carried it. iGfe]

XLII. All transactions which took place in Scotland dur- ing a minority were liable to review when the king came of age; and all grants of the crown lands might be legally re- sumed by the prerogative, even although they had been af- terward sanctioned by parliament; as the royal domains were entailed upon the crown, and were unalienable by any king without the previous consent of parliament. James, from the peculiar circumstances in which he was placed, was constrained to make a very sparing use of this prerogative; but he had encouraged the prelates to hope that he would exert it in their favour. The commencement of a new reign was considered as a proper season for carrying the pious de- 4 conven- sign of the deceased monarch into effect; and the earl

Nithsdale was sent down to hold a convention of the estates,

and procure their consent to the resumption of all the tithes

and church property which had reverted to the crown at the

reformation, or which had been shared among the leading

nobles during the two last reigns. But though the nobles

in general had made little resistance to the re-introduction

of ceremonies, they were not equally complying with regard

to the resumption of church property ; to which, from the

length of time they had possessed it, they considered they

had an indisputable right. Every proposal was rejected, N0ijies re_

and a combination formed among the nobles to resort to the sist the re-

, , f, • i i i /> ... , .. sumption

old fecottish method or opposition, in case the commissioner Of church had pushed the question. Lord Belhaven, then aged and property. blind, promised to make sure of one, and was, by his own

: desire, placed next to the earl of Dumfries. With one hand he had hold on the earl, as if to support himself, in the other he grasped a dirk, ready to plunge into his heart upon the least commotion. Nithsdale, having either heard of their meetings, or overawed by their appearance, and the temper they displayed, did not lay before the convention the most violent part of his instructions, and, without being able to obtain any satisfactory arrangement, returned to court ; but

j the intended act was published, and the nobles, warned of the insecure tenure by which they held their acquisitions

VOL. Hi. 3 &

394

HISTORY OF SCOTLAND.

BOOK VI.

1626.

ministers apply for regular provision.

Tithes.

from the church, were thrown into a state of irritation, which prepared them to make one cause with the people in their opposition to the prelates, for whose aggrandizement they were called upon to make this sacrifice, and whose ambition already intruded them both into the council and courts of justice. An ecclesiastical convention followed, which drew up an application to the king for a legal and established pro- vision to the ministers, and they anticipated the accomplish- ment of their desire in the recovery of the tithes.

XLIII. Tithes, unknown in the New Testament, where no determinate establishment for the maintenance of the ministry is inculcated, and where the support of the pastor is declaimed to depend on the gratuitous offerings of his flock ; were early introduced, after primitive simplicity had given place to pon- tifical splendour. The practice was founded upon the institu- tions of the Jews, and the funds derived from them constituted a peculiar property in law, distinct from the lands out of which they were exacted. At the Reformation, instead of being restored — as in justice they ought to have been — to the proprietors of the estates, when regular stipends formed, or were proposed to form, the provision for the ministers, they were seized upon by the crown, and bestowed upon the no- bles, who levied them with the greatest rigour; and often with circumstances of wanton oppression. By the law of Scotland the proprietors of the soil were prevented from removing the crop from the fields till the tenth part had been carried away by the titular ;* and this was frequently vexatiously delayed till the corn, which might have been safe- ly housed, was damaged or destroyed. The lairds or land- holders, who suffered by this oppression, were inclined to coincide in any measure from which they expected relief; and joined the clergy in their applications to the king for the re- sumption, or more equitable distribution of the tithes. It is not probable that the landholders would have found the prelates less rigorous exacters than the nobles ; but, when writhing under present oppression, men are often induced to seek a change without very closely examining the conse- quences. As it was, the coalition of these two parties con-

So the proprietor of the teinds was called.

CHARLES 1. 395

tributed additional strength to the crown, and a commission BOOK

VT

was issued for a number of noblemen and gentlemen to re- ceive the surrender of impropriated tithes and benefices, 1620. with powers to regulate any dubious points connected with this important business. At the same lime prosecutions were commenced against those who refused to accede to the proposals of the king. The nobles, after the result of a few 1629. trials had convinced them that individually they were unable ^"^th!:61'" to contend with the crown, reluctantly submitted to his die- crown, tation, and surrendered the teinds at a valuation affixed by the commission ; they to draw the annual rents till they were redeemed by the crown. The landholders, however, also obtained the right of suing for a valuation or modus, and to purchase the tithes of their own estates, unless when they were appropriated to churchmen; but the right was rendered of little avail by their poverty, and they became dissatisfied by the tantalizing view of a privilege advantage- ous only in appearance.*

XLIV. During the agitation of this delicate subject, it was naturally to have been expected that the bishops would have anxiously avoided stirring any new question, or increasing the general unfriendly feelings of the country, by any unne- State of the i cessary show of episcopal superiority ; but Laud, archbishop ' of Canterbury, who now governed the church, and disposed of all preferments, had espoused the tenets of Arminius, and i the young Scottish clergy, who looked up to him as their ! patron, adopted his creed, and inculcated doctrines which, by the whole orthodox part of the nation, were deemed : noxious, and which the elder bishops considered it impru- dent to agitate. Their zeal for doctrinal, was equalled by their ardour for introducing ceremonial, innovation ; and they found their reward in being promoted to the vacant benefices, a majority of which were soon filled by rash, headstrong novices, unacquainted with the real state of the country, and without the recommendations of either piety or learning. Disdaining to mingle with the poor of their

" Large Declaration, pp. 9, 10. Burnet's Hist. vol. i. pp. 23, 24-. Me- ; moirs of the Dukes of Hamilton, p. 30. Laing's Hist. vol. iii. pp. 102-5. Guthrie's Scot. vol. ix. pp. 14.9, 181. Cooke's Hist, of the Ch. of Scot. roi. it. p. 385.

396 HISTORY OF SCOTLAND.

BOOK flocks, they aped a close association with the higher classes;

**• but even with them, elated by the dignity of their episcopal

1629. office, and by the partiality with which they were regarded

by their sovereign, they assumed a loftiness of demeanour

which filled with indignation men whose hereditary rank

had been wont to command a superior degree of respect,

and whose claims had been allowed by the first reformers,

and their successors, who conscientiously paid to their civil

stations that honour which was due.

1631. XLV. In the north of Scotland, the feuds of the chieftains were accompanied with circumstances of atrocious reTenge, and in open defiance of all law. One instance will serve to illustrate the state of anarchy in which the extremity of the kingdom was involved. An accidental quarrel occuned be- tween the barons of Frendraught [Crichton] and Rothmay [Gordon], in which unfortunately Rothmay, an accomplished gentlemrn, fell, and several of the attendants on each side, were killed or wounded. No legal investigation took place, but the marquis of Huntly and some mutual friends interfer- ing, the widow consented to accept fifty thousand merks Feud be- as a composition for the slaughter, which the chieftain P^en" caused to be duly paid. Some time after, Frendraught, in draught One of his excursions, was accompanied by a Robert Crich- may. " ton °f Candlan, and James Lesly, son of Lesly of Pitcaple, when Lesly was shot by Crichton in the arm. This Lesly's father resented so highly, that hearing Frendraught was on a visit to the marquis, he came, attended by thirty horse well armed, on purpose to wreak his vengeance on him. The marquis prudently desired Frendraught to retire to his lady's apartment, while he endeavoured to appease Lesly ; but the latter departed unsatisfied, and the marquis detained his friend till next morning, when he sent him home, accompanied by his son, viscount Aboyne, and a guard, lest Lesly might be lying in ambush on the road. In Aboyne's train, was John Gordon, eldest son of the late Gordon of Rothmay. They arrived at Frendraught place in safety, and Aboyne would immediately have returned, but the baron would not hear of his departure, till he had re- compensed his father's hospitality and his convoy, by a feast. At night they had a magnificent supper, and parted for their

CHARLES I. 397

beds in high spirits. The strangers were conducted to an BOOK old tower, where the viscount Aboyne, with his valet and

page, had the first or ground chamber, immediately over the 163|- vault, with which there was a communication by a circular Death of aperture, directly under Aboyne' s bed. The heir of Roth- and yOUI1g

may, with his body servant, occupied the one above. About midnight, the tower, set on fire, was instantly enveloped in flames, in which Aboyne, Rothmay and other four, perish- ed ; while Frendraught and his lady looked on unconcern- edly, from a detached part of the castle, without offering to render the smallest assistance, although with very little exertion, the whole might have been rescued. Aboyne could have saved himself, but his humanity would not suffer him to escape alone ; he flew to Rothmay's room to awake him, and while in the act, the timber passage fell in, and preclud- ed all retreat by the stair. The two youths then ran both to the window, half naked, crying out in agony, Help ! Help ! for Godsake ! till perceiving that they made no im- pression on their hardhearted host and hostess, they prayed aloud that God would pa don their sins, then clasping them- selves in each other's arms, submitted with resignation to their dreadful fate.

XLVI. Strong suspicions arising, that the fire had not hap- ipened accidentally, Huntly prepared to take a terrible re- Trials re- Avenge for his son's death, when Frendraught seized one Mel- specting it. drum, a relation of Lesly's — who had been in his service, but quarrelled with him because he could obtain no wages » — carried him prisoner to Edinburgh, where he was tried, and executed as an incendiary, although the crime was not proved against him, and he died declaring his innocence. A young woman, daughter of the laird of Colpnay, and some other persons, were tortured, but confessed nothing ; and the privy council issued a commission to some of the noblemen and gentlemen of the county to examine into the -ircumstances of the case, who, after a minute investigation, reported, that the fire must have been kindled by design, xnd not accidentally. This report having confirmed all pre- (vious supicions respecting Frendraught, the vassals of Hunt- Huntly'a y and Rothmay uniting, ravaged his estates, hanged one of reven§0- ris tenants, and carried off* and sold publicly, what they

398 HISTORY OF SCOTLAND.

BOOK could not destroy. Frendraught was forced to flee to Edin- burgh, where he laid his complaints before the privy coun- 1631. cil, who then issued an order for Huntly's appearance, witn twelve barons, twelve gentlemen, and twelve ministers, to give evidence respecting the outrages. The marquis excus- ed himself on account of his age, but the council refused to listen to this plea, outlawed him for non-appearance, and Proceed- imprisoned such of his friends as did appear. He, how- !"^s at.^d" ever, afterward attended, when the sentence of outlawry was reversed, and he was obliged to enter into a bond to keep the peace himself, and use his utmost diligence to bring the offenders to justice. Before he left Edinburgh, however, he was accused by captain Adam Gordon, one of the prin- cipal offenders, in order to screen himself, as the instigator and promoter of all the disorders. On this charge he was committed, along with two of the principal gentlemen of his name, close prisoners to the castle. His confinement was short, an order soon came from the court for his release, but he did not long survive his ill treatment. He died at Dundee, on his journey home, in the seventy- fourth year of his age. His death He was turbulent in his youth, and prodigal in his expendi* ^?ia " ture, but in his old age he became more sober, and rather penurious in his habits ; and for several years, till involved with Frendraught, was desirous to enjoy a little tranquillity, as best suited his years. He had repeatedly changed his profession, but died a firm adherent to the Roman catholic religion.

XLVII. While affairs were hastening fast to confusion at home, the enterprising warlike spirit of the natives, was ac- quiring honour to their country abroad ; and a number of experienced officers were forming in foreign service, whose practical knowledge was afterward employed in the civil wars of their own country. Lord Reay had levied in the Lord north a regiment — Mackay's — for the king of Denmark, R.eay's Re- which, after three years1 service against the emperor, re- ceived an honourable discharge, and enlisted under the ban- ners of Gustavus Adolphus, king of Sweden, who had al- ready a number of Scottish officers in his army. Crowds of their countrymen followed, and were formed into a na- tional brigade. Their numbers were computed at not less

,

CHARLES I. 399

than ten thousand men, whose valour materially contributed BOOK to the splendid success of the Swedish monarch.*

XLVIII. Gustavus, when about to invade Germany,f was 1631> desirous of obtaining the aid of the British monarch, and Charles, who was anxious for the restoration of the Palatinate, engaged to support him with six thousand men, on condition that this object were attempted ; but embarrassed by a ne- gotiation with the emperor, who promised to procure for the elector his patrimony peaceably, he could not honourably as- sist Gustavus in an open manner. To relieve himself from this dilemma, he suffered the marquis of Hamilton, — as if ani- Marquis mated by a wish to promote the cause of freedom, and a high minded desire for honourable fame, — to conclude in his king of own name, a treaty with Gustavus, for furnishing the sti- pulated number of auxiliaries. When the expedition was about to embark, it was detained by an accusation being brought against the marquis, by lord Ochiltree,J — who inherited his father's hatred against the house of Hamil- ton. He asserted, that colonel Ramsay, who had been Lord Och employed in the negotiations with Gustavus, had told lord Reay, that the levies were intended to be employed not in Germany, but in raising himself to the crown of Scotland. This ridiculous story was carried immediately to the king. He mentioned it to Hamilton the first time he appeared at court, who, indignant at the malicious slander, demanded to be put upon trial ; but the king, with the strongest expres- sions of affection, would not allow it, lest it should seem to imply that he thought any vindication necessary. The mar- quis, however, to clear himself from the imputation, insisted, that Ochiltree should be called upon to substantiate his . charge. When questioned, all he could allege, was the Proved hearsay, which Ramsay denied. Having charged the mar- false* quis with treason, and having failed to prove it, he was sent down to Scotland, and tried for leasing-making. The con- viction involved a capital punishment; but death was com- muted into the scarcely less severe sentence of perpetual im-

* Monro's Expedition, f Burnet's Memoirs of the dukes of Hamilton, p. 6.

* He was the son of captain James Stuart, the infamous temporary earl of

Arran.

400 HISTOKY OF SCOTLAND.

BOOK prisonment in Blackness castle, where he lay twenty years, till Cromwell relieved him. Reay and Ramsay, who mutu- 1631. ally accused each other, were allowed the absurd award of a judicial combat, and had mounted a stage in Tothill-fields, Westminster, richly dressed, to decide it, when the king for- bade the encounter.

XLIX. Every obstruction being now removed, on the 16th He sails for of July the expedition set sail from Yarmouth roads, and on Germany. tne 4^ Qf August, the troops were disembarked on the banks of the Oder. They mustered above six thousand able men, but report swelled their numbers to twenty thousand, a foi> tunate incident, that decided the wavering politics of the elector of Saxony, who immediately joined the Swedes, en» couraged the other protestant princes, and constrained Tilly, the imperial general, to weaken his army, by reinforcing his garrisons. These circumstances greatly contributed tf. the decisive victory the Swedes obtained at Leipsic, nor wat the original Scottish brigade without their share in the hon- ours of the field, their regiments having on this occasion firs! introduced platoon firing, to the terror and astonishment 01 the Austrians. A few days before this important engage- ment, which laid the whole German empire open to the vic- tor, Gustavus had an interview with the marquis of Hamil- ton, at Werben on the Elbe, where a plan of co-operation was agreed upon, by which the British forces were placed ai Custrin, Frankfort, and Lansberg, to secure a retreat in casej of a reverse.

L. After the battle of Leipsic, the marquis advanced towards Silesia, and took Guben, a frontier town, by sur- prise, but while marching upon Glogau, with every prospect of reducing it, he was recalled by Gustavus, to Custrin, where he received orders to reduce Magdeburgh, which had His opera- been taken by Tilly some months before, when upwards of thirty-five thousand of the inhabitants were massacred. The marquis left with reluctance a plentiful country, to march in- to a district exhausted by two armies, and wasted with th< plague ; here his chagrin was still more increased, when, upon the advance of a force to relieve Magdeburgh, and desired to engage them, Bannier produced a commission from the king of Sweden, to command all the Dutch am

CHARLES I. 401

German forces, and not hazard a battle. In compliance, he BOOK retreated to Saltsa, where he took up a strong position, and VI- refused to retreat farther. Pappenheim, who commanded 163^ the enemy, succeeded in getting into Magdeburgh, but find- ing it untenable, he drew off the garrison, with the most valuable effects, in the face of a superior force.* After his departure, Hamilton, with the remains of this expedition, took possession of the fortress, but his little army was now reduced by disease, to two regiments, which were incorpor- ated into the duke of Weimar's, and he remained as a volun- teer with the Swedish army, waiting the instructions of the king. Charles now solicited the restoration of the elector palatine, but Gustavus, elated with success, began to enter- tain the idea of forming an independent kingdom in Ger- many, and declined giving up his rightful inheritance to the Recalled, elector, except upon such conditions as would have rendered it a subordinate province; on which the marquis of Hamil- ton was recalled in disgust, and the treaty with Sweden broken off. The Swedish king soon after fell in the arms of victory, but the veteran Scots remained in the service, till recalled by the voice of their country, on the rupture with her king.

LI. Charles, who had now reigned nearly ten years, had ! often expressed a desire to see the kingdom of his fathers. 1 He had delayed it first at the request of his Scottish coun- I sellors, who, perhaps, recollecting the expense of the former I lour, were afraid of a second royal visitation ; and afterward, the perturbed state of England had so completely engaged i his attention, that Scotland in some measure enjoyed the ad- vantage, which their neighbours appreciated and envied ; Procul a numine, procul a fulmine, " far from a court, safe from its proclamations." This comparative tranquillity was now to be disturbed. The king had obtained a deceitful calm, by. checking the expression, but not removing the cause of popular dissatisfaction in the south. In the north, the faithlessness, treachery, venality, injustice, and tyranny of the court party, had rendered the whole country suspici- ous and irritable, but they were calm ; and the political and

* Burnefs Memoirs, p. 20- VOL. Ill 3 F

402 HISTORY OF SCOTLAND.

BOOK ecclesiastical aspirants told the king, that the sullen breath- VI* less gloom that portended the hurricane, was the tranquil 1633. face of loyal approbation. How often are such deceits re- peated, and how often believed ? On the 17th of May he left his capital. His journey through England was magni- ficent, his train splendid.* He remained at Berwick four Charles vi- days, and his march to Edinburgh was not less pompous land than his previous progress. At Seton he was received by

the earl of Winton, and at Dalkeith by the earl of Morton, who entertained him with a sumptuous splendour, that em- ulated the banquets of the richest nobles of the sister king- dom. On Saturday the 15th of June, he set out from Dal- keith for Edinburgh, and made his solemn entry by the West Enters Ed~ Port. The show and pageantry exceeded whatever had been )urg ' previously displayed in the Scottish capital, and such was the fame of the preparations, that the town was crowded with strangers from the continent, who came to be spectators of the splendid spectacle.f Next day, he heard sermon from the

* According to Balfour's MSS. quoted by Guthrie, vol. ix. p. 206. it con- sisted of " thirteen noblemen, Mr. vice chamberlain, secretary of state, master of the prince's purse, two bishops, a clerk of the closet, two gentlemen ushers of the prince's chamber, three gentlemen ushers, quarter waiters, six grooms of his bedchamber, two cupbearers, two carvers, two sewers, two esquires of the body, three grooms of the privy chamber, two sergeants at arms, two sewers of the chamber, one master of requests, six chaplains, two physicians, two sur- geons, one apothecary, one barber, one groom porter, three for his robes, four for the wardrobe, seven pages of the bedchamber, three pages of the presence, sixty- one yeomen of the guard, two cross bows, two grooms of the chamber, nine messengers, six trumpeters, eight cooks, forty-two skewerers and turn- broaches, seventeen musicians, subdean of his majesty's chapel, four vestrymen, the knight harbinger, and master comptroller." His English attendants were calculated at above five hundred, a number the Scottish nobles viewed with dis- may, but the most ominous visitant was Laud, archbishop of Canterbury, who was to regulate the ceremonial devotions of the Scottish church.

f Previously to his entering the city, a long congratulatory speech was made to him by Drummond of Hawthornden, who seems to have been master of ceremonies on the occasion, and who degraded the dignity of genius, by pros- tituting his talents to the purposes of adulation. The triumph has gone by with the shadowy dream that it decorated, but the stain remains, to deterior- ate from the moral grandeur of one of our sweetest early poets. As the king approached the West Port on the south side, there was a beautifully painted view of the city of Edinburgh, and on withdrawing a veil, the nymph Edina, attended by lovely maidens, appeared, and presented the keys of the city to his majesty. On entering the gates, he was received l>y the magistrates, in

J. Rogers.

OF HAWTHORDEN.

HliACKlE & SON, GLASGOW, EDINBURGH 8c LONDON

CHARLES I. 403

bishop of Dunblane, in the chapel royal, which had been BOOK newly fitted up for the visit, with two sets of bells, and a **• number of other additional ornaments. I63i

LII. On Tuesday he was inaugurated, but the effect of the august ceremony was destroyed by the foolish introduction of robes and ceremonies, which the people abhorred as imi- tations of Romish superstition. The bishops were arrayed His com- in blue silk embroidered robes that reached to the feet, over na which were white rochets, with lawn sleeves, and loops of gold i- and the archbishop of Glasgow, who had refused to exhibit himself in the theatrical apparel allotted him, was rudely, and with the most indecent violence, pulled from his seat by orders of Laud. Spotswood, archbishop of St. An- drews, placed the crown on the king's head, and the bishop of Moray, who was made lord almoner, threw handfuls of

their robes of red velvet, well furred, and the town council in black gowns, faced with velvet. The provost, in name of the good town, made a short speech, and presented his majesty with a bason of pure gold, estimated at five thousand murks, into which was shaken, out of an embroidered purse, a thou • sand golden double angels. Spalding adds, " the king looked gladly upon the speech and gift both, but the marquis of Hamilton, master of his maj. horse, meddled with the gift, as due to him in virtue of his office." At the foot of the Bow, he was met by a guard of honour, consisting of two hundred and sixty young citizens, dressed in white satin doublets, black velvet breeches, and white silk stockings, bearing gilded partizans, and other arms. At the top was erected a triumphal arch, and here he was addressed by a female, dressed in the ancient garb, and representing the figure of Caledonia. At the west end of the Tolbooth, stood another triumphal arch, with a representation of all the Scottish monarchs, from Fergus to Charles. On the south side of the High Street, near the Cross, a large artificial mount was raised, represent- ing Parnassus, covered with trees, shrubs, and flowers. In the vale between the biforked summit, rose a pyramid, with a glazeral [glistering] fountain on the top, whence issued a stream of pure water, representing Hippocerne. In the cavity of the mount sat two bands of vocal and instrumental music, with an organ to complete the concert ; who, at the king's approach, performed an excellent piece of music, called Caledonia, composed on that occasion in the most elegant manner, by the best masters. On the northern side sat Apollo, and nine boys clad like nymphs. When the music ceased, Apollo addressed the king, and in the conclusion, gave him a volume of panegyrics, composed by the members of the college upon the occasion. A closing speech was de- livered at the Netherbow Port, after which the king rode down to Holyrood- house.

This entry, with the present and banquet, cost the town of Edinburgh forty- one thousand, four hundred, and eighty-nine pounds Scottish money. Row's MSS. Maitland's Hist- of Edinburgh.

404 HISTORY OF SCOTLAND.

BOOK silver coronation medals among the spectators in the chapel _ ' An object of particular, and not pleasant remark, was th 1633. introduction of an altar, on which were placed two books "at least something resembling clasped books, called blin books,"* with two chandeliers, and two unlighted wax ta pers, and an empty silver bason. At the back of the altar which was covered with tapestry, there was a rich tapestry on which a crucifix was embroidered, and the officiatin] bishops, as they passed it, were observed to " bow the kne< and beck" [make obeisance] to the symbol of idolatry .f Th coronation sermon, which was preached by Laud, consistet of a furious declamation in favour of a farther eonformit between the churches of Scotland and England in their rite and discipline.

Beholds a ITII Parliament met on the day after the coronation, parliament.

* Spalding's Troubles in Scotland, vol. i. p. 25. t Ib.

| " On the 20th of June the haill estates came down to him who cam frae the abbey in order, and was the first day of the riding of the parliament. In the first rank rode the commissioners of burghs, ilk ane in their own places, well clad in cloaks, having on their horses black velvet foot mantles ; secondly, the commissioners for barons followed them ; thirdly, the lords of the spirituality [lords of erections] followed them ; fourthly, the bishops, who rode altogether, except the bishop of Aberdeen, who was lying sick at Aber- deen, and the bishop of Murray, who, as Elymosinar, rode beside the bishop of London, somewhat nearer the king ; fifthly, followed the temporal lords ; sixthly, followed the viscounts ; seventhly, the earls followed them ; eighthly, the earl of Buchan carrying the sword, and the earl of Rothes the sceptre; ninthly, the marquis of Douglas carrying the crown, having on his right the duke of Lennox, and on his left the marquis of Hamilton ; following them came his majesty, immediately after the marquis of Douglas, riding upon a chesnut coloured horse, having on his head a fair bunch of feathers, with a foot mantle of purple velvet, as his robe royal was, and none rode without their foot-mantles, and the nobles all in red scarlet furred robes, as their use to ride in parliament is ; but his majesty made choice to ride in king James the fourth's robe-royal whilk was of purple velvet, richly furred, and laced with gold hanging over the horse tail a great deal, whilk was carried up from the earth by five grooms of honour, ilk ane after ither all the way as he rode to his highness lighting ; he had also on his head a hat, and ane rod in his hand. The heraulds, pursuivants, macers, and trumpeters, followed his majesty in silence. In this order his majesty came up frae the abbey, up the High Street, and at the Netherbow the provost of Edinburgh came and salut- ed the king, and still attended him while [until] he lighted. The causey was railed frae the Netherbow to the stinking style with stakes of timber, dung in the end on both sides, yet so that people standing without the samen might see well enough, and that none might hinder the king's passage. There was

CHARLES I. 405

and to render it still more obsequious than ever, a new ma- BOOK noeuvre was practised in electing the lords of the articles. — — — -

1 fi^l^_

The chancellor named the prelates, and they chose the no- Lords of bles, and both concurred in selecting the members from the the articles

, . , T i • iii again new

third estate. In their money vote they granted the largest m0deiied. supply ever given to any Scottish monarch — a land tax, con- sisting of thirty shillings, amounting to about four hundred thousand pounds Scottish, and the sixteenth penny of all annual rents or interest of money. The rate of interest was also reduced from ten to eight per cent., and the two per cent, deducted from the creditor was given to the erown. This act passed without opposition ; not so the next. Soon after James had ascended the English throne, in 1606, an act was passed declaratory of the extent of the royal prero- gative, and three years after, as a personal favour to that king, but never intended as a precedent, another, in which was conceded to him the power of prescribing the robes of judges and the habits of churchmen. These two acts the lords of the articles embodied in one, together with a gene- ral ratification and confirmation of all the statutes in favour of the liberty and freedom of the true kirk of God, and re- ligion as it was then presently professed. The parliament, who would not have hesitated in confirming the royal pre- rogative in its utmost extent, startled at the idea of confer-

:vithir> the rails a strong guard of trainsmen with pikes, partizans, and musk- :ts, and withal the king's own English foot guard was still about his person, j Now his majesty with the rest lighted at the said stinking style, where the ;arl of Errol, as constable of Scotland, with all humility received him, and | :onveyed him through his guard to the outer door of the high tolbooth, and he earl of Marishall as marischall of Scotland, likewise received him, and con- veyed him to his tribunal through the guard standing within the door, and set he king down. After his majesty all the rest in order followed ; the mares- •hall, the prelates and nobles, ranked after their own degree ; then the earl of Enrol sat down in a chair, and he in another, side for side, at a four nooked taf- 11, set about the foreface of the parliament, and covered with green cloth. The parliament about eleven was fenced ; thereafter the lords of the articles >egan to be choose." " How soon they were chosen the parliament rose. \bout two in the afternoon his majesty went to horse, rode to the abbey, hav- ng the earl of Errol, as constable of Scotland, on his right hand, and the earl jif Mareschitll as mareschall thereof, on his left hand, and carrying a golden rod n his own hand ; and so the haill estates in good order rode to the abbey."— Balding, vol. i. pp. 23, 24.

406 HISTORY OF SCOTLAND.

BOOK ring on his majesty the power of regulating the ecclesiastical ^ vestments ; dreading, from the specimen they had seen at

1633. the coronation, that the embroidered trappings of Rome wetf8* would soon be introduced. When the act was read, lord clerical ha- Melville, an aged nobleman, exclaimed: — "I have sworn with bits oppos- yOnr fatherj antl the whole kingdom, to the confession of faith, in which the innovations intended by these articles were abjured."* Charles felt the irresistible force of the appeal, but he had not the virtue to recede ; he paused for a moment and retired, and on his return, to avoid any simi- lar interruption, ordered the members to vote and not to reason. The earl of Rothes was the leader of the opposi- tion ; he proposed, as there were so many who scrupled about the clerical habits, that the two acts should be disjoin- ed ; but the king would listen to no proposition, and insist- ed that both or neither should be rejected ; and pulling n Charles list from his pocket, he exclaimed: — "I have your names

threatens , _ : _. . , ... , ' , .,•

parliament, here, and 1 shall know to-day who will, and who will not, do me service." This tyrannical declaration was succeeded by an action more criminal and base. The articles were re- jected by a majority, fifteen peers, and forty-four commis- sioners, voting against them; and in the minority, it was al- leged, there were several noblemen who had voted twice, first as officers of state, and then as peers of parliament.-)- Sir John Hay of Landes, the clerk register, however, re- ported that it was carried in the affirmative. Rothes imme-

The act diately rose and contradicted this, asserting, that the nega-

frauiiulent- . , ,,-,, , . , , . , , ,. , .

ly passed. tlves were the majority. The king, who held the list in his hand, marked by himself, and who must have been conscious of the state of the vote, was afraid of a scrutiny, — which any honest man in his situation would have courted if the question had carried, and not shunned even although it had been doubtful — interposed ; and declared that the report of the clerk register must be decisive, unless Rothes chose appear at the bar of that house, and accuse him of vitiating the parliamentary record, which was a criminal offence and which, if he failed to prove, he was liable himself tc

Ratified. a capital punishment. Rothes declined the perilous office,

* Laing, vol. iii. p. 111. Row, p. 218. f Crawford, sect. ix. p. 24.

CHAKLES I. 407

and the articles were ratified by the king, as the deed of par- BOOK liament.

LIV. The gratulations with which the king had been re- 1633. ceived at his arrival, were now changed into low deep ex- pressions of disgust; and the appearance of the public was so much altered, that it attracted his attention, and drew from Leslie, bishop of the isles, the unintended, well known pre- diction, that " the behaviour of the Scots was like that of the Jews, who one day saluted the Lord's Anointed with hosannahs, and the next cried out, crucify him." The mi- nisters, who adhered to the presbyterian form, and who la- mented the desolation of the church, and the total disuse )f her high courts, had, previously to the king's coming to Scotland, resolved to present their petitions to parliament, ind had drawn up a paper, entitled, " Grievances and Peti- ions concerning the disordered state of the Reformed Church .vithin the realm of Scotland." These consisted in a disre- Com.

jard and violation of every agreement which had been entered P^aint^ °.f J the rnmis-

nto between the sovereign and the church, and of every act ters. >f parliament which had been made in her favour. Minis- ers had been admitted to vote absolutely in parliament, al- hough his late majesty in person was present at an assem- bly, which enacted they should only vote in parliament in :onsonance with their instructions, and be accountable for heir conduct. The resolutions of the general assembly held it Glasgow, 1610, had been vitiated under the name of ex- )lanation by the act of parliament, 1612, which removed the )ishops' conduct and conversation from the inspection of the general assembly ; and gave them the collation of benefices, ind the power of disponing of those falling into their hands, i ure devoluto. The holding of general assemblies, which by I aw ought to have been called at least once a 3Tear, had been otally discontinued. Since the reformation, the observation • )f festivals days, private baptism, private communion, epis- :opal confirmation, and kneeling at the sacrament, had been ejected, but were now arbitrarily imposed ; although the enor of the act of the Perth assembly not only contained no njunction to that effect, but professed that none should be >ressed with obedience to that act. Oaths were adminis-

4-08 HISTORY OF SCOTLAND.

BOOK tered to ministers at their admission or ordination, which the church had not warranted, and that notwithstanding 1633 there be constitutions of the kirk, and laws of the country, for censuring ministers before the ordinary ecclesiastical judicatories; yet, contrary to that order, ministers are si- lenced, suspended, and deprived, — and that for matters merely ecclesiastical, — before other judicatories which are not established by the authority or order of the country and kirk.

LV. The method prescribed by proclamation for present- ing all such papers was, to address them to the clerk regis- ter, whose duty it was to lay them before the king and the estates. Thomas Hogg, who had been lately deposed by the high commission from his ministry at Dysart, was pitched upon to carry the instrument to the clerk register. This officer — sir John Hay — is characterized, by sir James Bal- four, as a sworn enemy to religion, and a slave to the bi- shops, and his conduct on this occasion agreed with his char- acter, He was mightily offended with the presumption ol the ministers, and violently urged Mr. Hogg to withdraw the paper; and when he would not comply, threatened the notary, who had dared to exercise his office, in putting tht, grievances into legal shape. Thus rebutted by sir John, h*. applied to several of the nobility in Edinburgh ; but, to en- sure its being presented, went to Dalkeith, the night before Disregard- t|ie kjng entered his ancient capital, and delivered it to his king. majesty. Charles received it coldly, read it with an unmovec countenance, and took no further notice of it. The earl o Morton, however, came to Mr. Hogg some short time after and told him he wished the petitioners had chosen some other part than his house for presenting their supplicatior Grieved and hurt at the manner in which their complaints had been treated, they sedulously waited upon the member; of parliament, carried to them all the information they couU collect respecting the intended innovations, and they found, in a great number of them, very ready auditors. "For, be- sides that the generality of the nobility," says bishop Gutb- rie, "were malecontented, there were observed to be avow ed owners of their interest; in Fyfe, the earl of Rothes, am

CHARLES I. 409

lord Lindsay ; in Lothian, the earl of Lothian, and lord Bal- BOOK merino; and in the west, the earls of Cassillis and Eglinton, Vi-

and lord London." 1633.

LVI. After the rising of parliament, the king's conduct be- gan to be discussed ^ and very general feelings of indigna- tion were excited by the manner in which he had overawed its proceedings. Even the nobles who had voted in the ma- jority felt that their independence was at stake ; while those gust, whose opposition the king had publicly marked, were ap- prehensive of the effects of the royal displeasure. The pre- lates represented them as the authors of sedition in the state, and schism in the church, and they were studiously exclud- ed from any mark of his majesty's favour. They were not honoured with any of the titles he so profusely bestowed* while in Scotland ; and in his short tour through part of the country, he affronted them by his disdainful treatment, in a manner which they were not likely to forget, and which he probably afterwards remembered. He had gone to Lirilith- gow, Stirling, &c. and was proceeding to visit the abbey of Dunfermline, where he was born, when the earl of Rothes, as sheriff of Fife, and lord Lindsay, as bailie of regality of St. Andrews, collected their friends, and a number of the gentlemen of Fife, to the number of about two thousand He insults horsemen, in their best equipage, and drew up on the border ^ ford of the shire, in the way where his majesty was to have pass- Lindsay, ed, in order to have welcomed him to their county ; but al- though he had graciously accepted of similar compliments from other counties, he allowed these two lords, with their followers, to remain waiting for hours, but avoided them by contemptuously taking a bye road. On his return he very narrowly escaped being lost in the Frith of Forth; a sudden squall overtook the party when about mid passage, upset the boat which carried his plate, and he with difficulty reached a ship of war lying in the roads, that brought him safely to Leith.

* When the king was in Scotland he dubbed fifty-four knights on various occasions, and to honour his coronation, created one marquis, ten earls, two viscounts, and eight lords.

VOL. MI. 3 G

410 HISTORY OF SCOTLAND.

BOOK LVII. These actions of the king excited hatred ; the fol- ^' lowing was viewed by presbyterians with contempt. On the 1633. 24th of June, St. John the Baptist's day, he went in great state to the chapel royal, and after making a solemn offering at the altar, a hundred persons were presented to him, all of whom he touched for the king's evil, putting about each of their necks a piece of gold coined for the purpose, hung by a white silk ribbon. At length, after a visit which had sa- tisfied no party but the prelates, the king and the Scots part- Leaves ed, mutually displeased with each other. On the 18th of July he set out for Berwick with his retinue, which he left there while he posted forward to Greenwich, accompanied only by forty attendants, to visit the queen.

Erects Ed- Lviu. The king, after his departure, erected Edinburgh, toabishop- w^'cn nad previously formed part of the see of St. Andrews, ric. into a separate bishopric, and nominated Mr. William For-

bes, one of the ministers of Aberdeen, as bishop. He was accordingly elected, pro forma, by a chapter, and upon the 28th January was solemnly consecrated in the chapel royal, in presence of two archbishops, and five other bishops. St. Giles upon this occasion was restored anew to its cathedral amplitude, the wall which divided the Little from the High Church being removed. He enjoyed his dignity only about two months and a half, and was succeeded by Mr. David Lindsay, bishop of Buchan.

LIX. About the time of Charles leaving Scotland, Ab- bot, archbishop of Canterbury, died, and Laud, for his zeal, Conduct of was immediately installed primate of England. He had be- Laud> haved, while in Scotland, with a forward haughtiness, which had given great offence ; and his zeal for the introduction of the ceremonies and the doctrine of arminianism, was con- sidered as a strong symptom of his attachment to popery. Two anecdotes were currently reported of him, which were supposed to support this unfavourable view of his character. When he was at Perth with his majesty, the magistrates, as a mark of respect, presented him with the freedom of the burgh, and, as was customary, tendered him the oath of ad- herence to the protestant religion. " It is my part," said he, " to exact an oath for religion from you, rather than

CHARLES I. 411

yours to exact any such from me ;" and refused to take it. BOOK The other occurred at Dumblane. Visiting the cathedral, which was not in the best state of repair, one of the bystand- 1633. ers observed, that it was more beautiful before the Refor- mation. " Reformation, fellow ! you should say Deforma- tion," was the bishop's reply. To this zealot was now com- mitted the regulation of all church matters in both kingdoms, and he hastened to carry into execution his most obnoxious plans, with the most impolitic precipitation. Intending that the service of the chapel royal should be the model of all the Orders the rest throughout the kingdom, orders were sent down from tu"g t^ b'~ London for prayers to be said twice a day, with the choir, used in the according to the English liturgy; and the dean was requir- ^ape roy" ed to look carefully that the communion were administered once a month, and received by the communicants kneeling, to observe all the holydays, and use the surplice when- ever he preached. The lords of privy council, the lords of session, the advocates, clerks, writers to the signet, and mem- bers of the college of justice, were commanded to communi- cate, at least once a year, in the chapel royal kneeling ; the dean to report yearly how this mandate was obeyed, and note the dissenters. Yet, according to Row, few of the privy council, or of the college of justice, complied. What confirmed the suspicions of the people that popery was lurk- ing under all these innovations was, that while so much zeal was displayed about outward show in worship, the Sab- bath was profaned in England by royal authority; and the highest judicial characters in the land were reprimanded be- fore the council, because they had ordered wakes and revels upon Sundays to be suppressed.*

" Complaints having been made of the outrages which frequently occurred at ales and revels upon the Lord's day in Somerset, the lord chief justice, and baron Denham, in their circuit, ordered all revels, church ales, clerk ales, and all other public ales, to be suppressed, and that the minister of every parish should publish the notice yearly from the pulpit. Whenever Laud heard of this order, which he conceived an encroachment upon his clerical rights, the archbishop complained to the king, and the chief justice was commanded to attend the privy council, and answer to the complaint. In exculpation, the chief justice said the order was issued at the request of the justices of peace in the county, with the general consent of the whole bench, and in conformity with several ancient precedents. He was, notwith-

412

HISTORY OF SCOTLAND.

BOOK

1633.

Petition of th? pf;" a" acts 1606, . c'onf joined.

LX. The minds of the people were kept in a state of con- tinual irritation and feverish excitement, by the constant suc- cession of changes which were promulgated by almost every new arrival from court ; but the affections of the nobility were estranged, and their fears for their own safety excited by the trial of lord Balmerino — an act of political injustice, which, under the colour of law, struck at the root of all security. The peers who were in opposition at the meeting of parlia- ment, in order to clear themselves from the imputations which were thrown out against them as enemies to the government, prepared an humble supplication to his majesty, respectfully requesting him to consider r — " that in deliberations about matters of importance, either in council or parliament, opi- nions often differ ; but that they who have been of a contrary mind to the majority, have never been censured by good and equitable princes.* They acknowledged the prerogative in its most ample form ; and after modestly noticing the general fears entertained of some important innovation intended in the essential points of religion — especially as diverse papists were admitted into parliament, and upon the articles, who, by the laws of the realm, could be member of no judicatory

standing, commanded to revoke his order. At next assizes, the lord chief justice informed the justices, grand jury, and country, that those good orders made by him and his brother Denham, for suppressing unruly wakes and revels, wherein he thought he had done God, the king, and the country, good ser- vice, were revoked by his majesty's order, and that all persons may use freely their recreations at such meetings. The justices of peace, grieved at the re- vocation, drew up a petition to the king, expressing the many mischievous consequences which attended those meetings, which were condemned by law ; but before they could get it presented, the king's declaration concerning re- creations on the Lord's day after evening prayer was published, announcing the royal pleasure, " that after divine service, his good people be not disturbed, letted, or discouraged from any lawful recreation ; such as dancing, either men or women, leaping, vaulting, or any harmless recreation ; nor from having of May games, Whitson ales, or Morrice dances, or setting up May poles, and other sports therewith used, so as the same be had in due and convenient time, without impediment or neglect of divine service." One of the curious reasons assigned for authorizing this profanation of the Sabbath is, to promote the con- version of the papists ! who would, if no such innocent amusements were per. mitted, be persuaded by their priests that no honest mirth or recreation is law- ful in the religion which the king professeth ! ! — Rush worth, vol. ii. pp. 19.3, 194.

* The supplication is preserved complete in Crawford.

CHARLES I. 413

within it — they state that their minds being thus perplexed, BOOK they had reason to suspect a snare in the subtle conjunction ^*y of the act, 1609, respecting apparel, with that made 1606, 1633 respecting the royal prerogative ; which, by a sophistical ar- tifice, should oblige them either to vote undutifully on the sacred point of prerogative, or against their consciences on the point of church innovations. They then implored the king to reconsider the points from which they dissent- ed, and the operation of which, they were persuaded, would be pernicious ; and, in conclusion, enumerated, in very mea- sured terms, a number of grievances of which they had not complained, and noticed the facility with which they had consented to the supplies as proofs of their loyalty, which, they asserted, was more disinterested than that of those who, regardless of his honour, had hazarded the enactments to contradiction, or tampered with the members of the estates to procure their votes." This petition, as dutiful and mo- derate as any that could be presented to a prince, was drawn up by Haig, an advocate, and the scroll, as a necessary pre- caution, to avoid offence, was carried by lord Rothes to Displeases Charles, who, upon perusing it, signified his displeasure, and * ie mg' in returning it, said haughtily to Rothes : — " No more of this, my lord ! I command you." Several lords had concurred in the petition, but, upon this peremptory veto being told them, it was laid aside.

LXI. Balmerino, who, in consequence of his father's mis- fortunes, had never approached the court, and intermeddled hut little with public affairs, was one of the dissenting lords, and a party to the petition, a copy of which he retained. Af- ter Charles had returned to England, and the discontents of Balmeri-

1.1. ./• ,1 ... no's case.

the country were increasing, thinking, ir the petition were modified and rendered more agreeable to the king, it might i ae productive of some advantage, he communicated the scroll | ;o one Dunmoor, a notary, in confidence, for his advice, and | illowed him to carry it home; but under the strictest injunc- tions, that he should show it to nobody, nor suffer any copy [to be taken. Under a promise of great secrecy, however, I jhe notary showed it to Hay of Naughton, Balmerino's pri- Ipte enemy, who surreptitiously obtained a copy, and, re- Irardless of his promise, betrayed the secret to the archbi-

414

HISTORY OF SCOTLAND.

BOOK VI.

•- • • •

1634.

Trial.

shop of St. Andrews. The primate immediately repaired to court, and laid it before the king, as a paper of the most mischievous tendency, which was circulated through Scot- land to obtain subscriptions ; and urged the necessity of some striking example to intimidate the nobles, whose oppo- sition encouraged the refractory spirit of the ministers.

LXII. There were laws in Scotland against leasings loosely expressed, and capable of being tyrannically extended, which made it a capital crime to disseminate lies against the king or his government, or reports tending to excite sedition, and alienate the affections of the subjects from the sovereign ; and all who heard these reports and did not reveal them, nor cause the author or propagator to be apprehended, were deemed equally guilty, and liable to the same punishment. By a most unwarrantable stretch of interpretation, the petition was considered as coming within this act, and a commission issu- ed to examine into the offence. Balmerino himself was com- mitted prisoner to Edinburgh castle to stand trial; Haig, the real author, had escaped to Holland. It would have been difficult to find out the crime of showing a respectful and loyal petition to a confidential friend, had we not also been informed that the greater part of Balmerino's estates consisted of grants of church lands, and that the chief in- stigator of the prosecution was the archbishop of St. An- drews. The prelates themselves were not certain of the jus- tice of the cause, and could not reckon on a verdict agree- able to their wishes without using influence. The earl of Traquair, lord treasurer, then supposed one of the ablest men, and most eloquent speaker in Scotland, was therefore intrusted with the management of the trial, and to procure a jury fitted for the purpose ; and as juries in Scotland were then nominated by the judge, and no peremptory challenges allowed, the power of the crown officers, in cases of se- dition or treason, was irresistible. The assessors to the justice-general, who were to decide upon the law, were all inimical to the accused — I^earmont, one of the lords of ses- Spotswood, the president, second son of the archbi-

sion

shop : and Hay, lord register. Balmerino was indicted for leasing-making, and charged as the author and abettor of a seditious libel, because the copy of the petition, found in his

CHARLES I. 415

possession, was interlined with his own hand, and he had not BOOK discovered the author. He pleaded for himself. The act re- ^'- specting discovering an author, he remarked, had never been put in execution, and never could be meant to apply to any thing that was not notoriously seditious ; and that till the court had so decided, he never considered the petition in Defence, any other light than as a dutiful representation, intended to exculpate himself and his friends from charges of disaffec- tion, and to enable the king to form a correct estimate of their conduct. When he first saw it, although he approved of it in general, he objected to some expressions; besides, he communicated the business to lord Rothes, who inform- ed the king, and upon hearing of his majesty's displeasure, all idea of presenting it had been laid aside. The earl of Rothes corroborated this statement : but, notwithstanding

7 ' o

the court decided that it should go to an assize. Of the fifteen jurymen nine were challenged, either as private ene- mies, or as having prejudged the question ; but one only was sustained — the earl of Dumfries, who had said, if the pan- nel were as innocent as St. Paul, he would find him guilty ; and even he would have been admitted by the judges, had not the lord advocate objected. This deficiency was sup- plied, however, by the admission of Traquair, and the jury seemed complete for the purpose of the court. But one '. had found admission whose resistance had not been calculated an — Gordon of Buckie, now near the verge of life, who, Gordon of ibout half a century before, had assisted in the murder of ; .he earl of Moray, and was chosen on this occasion as a sure [hian. As soon as the jury were enclosed he rose, and, apo- i ogizing for his presumption in first addressing them, en- treated them to consider well what they did ; it was a mat- er of blood ; and that would lie heavy on them as long as hey lived. He had in his youth been drawn in to shed in- Iflocent blood, for which he had obtained the king's pardon ; |j>ut many a sorrowful hour, both night and day, had it cost Ijiim ere he obtained forgiveness from God; and while he I pake, the tears ran down his furrowed cheeks. An appeal Ib unexpected was powerful; but Traquair, their foreman, •kid, they had not before them any question about the se- I erity of the law, nor about the nature of the paper, which

416 HISTORY OF SCOTLAND.

BOOK the court had determined to be leasing-making ; they had only to decide whether the prisoner had discovered the au-

1634. thor of the paper or not. The earl of Lauderdale contend-! ed that they were called upon to judge both of the law and! the fact; for severe laws never executed, must be held tol be annulled; and though, after the court had judged thol paper to be seditious, it would be capital to conceal the au-l thor, yet, before this judgment, it was not so clear that the! prisoner was bound to make any discovery. The two! parties argued the subject for several hours, and at last] Balmerino divided equally ; a verdict of guilty was only obtained by found gull- tne casting vote of Traquair. Sentence of death was imme- diately pronounced upon Balmerino ; but the execution was delayed during the pleasure of the king. The interest ex- cited by this trial was inconceivable ; and the public rage, when the result was known, threatened to produce a very Irritation dangerous explosion. Many meetings were secretly held, of thepeo- antj jt was resoiveci either to force the prison and set him at liberty, or, if that failed, to revenge his death on the judges and jury by whom he had been convicted; some undertak- ing to put them to death, and others to set fire to their houses. Traquair, when he learned his danger, instantly re- paired to court, and represented to the king, that although Balmerino's life had been justly forfeited, his execution, in the present state of Scotland, would not be advisable. Af- He is par- ter a tedious imprisonment, a pardon was most ungraciously doned. bestowed.

Conse- LXIII. The consequences of this trial were fatal to the i

quences of terests of Charles in Scotland. It united in one comm

this prose- cution fatal cause, the nobles and the people ; long had the latter groan-

kim^fintc- ec^ unt^er tne oppression of perverted justice, and sighed af- rest. ter deliverance, but the complaints of the public are ever

unavailing, unless some point of concentration be afforded. This was now supplied by government. The nobility dis- covered that there was no protection for themselves from the resentment of the prelates and the vengeance or caprice of the crown, except by gathering around them the neglected strength of plebeian power. They saw that patriotism was a crime, and innocence no defence. Whenever they dared to remonstrate against usurpations, however flagrant, either

CHARLES I. 417

in church or state, whether by opposition in parliament, or BOOK petition without it, they were liable to be indicted ; a word ^_ uttered by themselves in a moment of irritation, or heard 1635. and not repeated, might occasion their ruin. Balmerino's pardon, which had been extorted by the decided expression I of public indignation, while it was considered by himself as \ no favour from his prince, pointed out to his. party the only method of counteracting the designs of a despotic monarch I and an ambitious hierarchy. A confederacy among the no- i bles had frequently before delivered the kingdom from the dominion of favourites : a general union between nobles and jeople, had accomplished all the grand ends of the reforma- ion, and humbled a more powerful, though not a more in- tolerant or aspiring priesthood, than that with which the country was at present borne down. To some similar asso- ciation their minds were naturally turned, and an opportuni- ty only was wanted to demonstrate the strength and univer- sality of the latent confederacy. But, as if all the existing causes of discontent had not been sufficient to inflame the resentment of men already ripe for revolt, not a public of- 5ce of any importance fell vacant, or was thought attainable, a ut it was grasped at by the prelates. On the death ofThepre- Kinnoul, the chancellor, Spotswood, who was desirous to a* aiuho*' unite the first office in the state with the primacy in the offices of church, solicited, and obtained the succession. The lord treasurer's office, held by Traquair, was next applied for by Maxwell, bishop of Ross, and nine out of fourteen prelates, were members of the privy council.

LXIV. Still unsatisfied, the bishops proposed that the order of mitred abbots should be revived, and substituted in par- liament in place of the lords of erections, whose impropriat- ed livings and tithes should goto their endowment ; they ob- tained a warrant from the king to erect in each diocess, in- quisitorial courts, subordinate to the high commission, where equal injustice and oppression were practised ;* and consi-

• The following instances will give some idea of the nature of these courts. Alexander Gordon of Earlston, having made some opposition to the settle- ment of a minister who was not acceptable to the parish, was summoned by the bishop of Galloway before his diocesan commission, and because he failed to appear, was fined in absence, and banished to Montrose ; and although he

VOL. III. 3 H

418

HISTORY OF SCOTLAND.

BOOK

1635.

of the bishop"

nons

dering their powei fixed on too firm a basis to be shaken. and because the nation I'emained in a state of gloomy tran- quillity, and had hitherto submitted with sullen discontent. tne younger» ant* more ambitious prelates, aping the high ecclesiastical pretensions of Laud, treated every dissentient of whatever rank, with haughty superciliousness, and the mi- nisters in particular, with an overbearing domination, which they who had been accustomed to presbyterian parity among the brethren, could ill brook. Headstrong and inexperienc- ed, they sought, by their furious zeal in promoting the pro- jects of Laud, to ingratiate themselves with the archbishop, who acted not only as primate of England, but as high priest of the hierarchy of Scotland, and strongly urged the in- troduction of the liturgy. The older bishops were better ac- quainted with the dispositions of the people ; were less as- suming in their manners ; and the difficulties they had already encountered in introducing prelacy, had rendered them de- sirous of resting with the advantages they had gained, and unwilling to risk the danger that might arise, from disturb- ing the peace of the church by further innovation.* The solicitations of the fiery overcame the objections of the more prudent ecclesiastics ; and Traquair, who perceived himself standing but upon ticklish ground, sacrificing his principles, and even his better judgment, to retain his situation, joined the prevailing party ; and confirmed both the king and his ghostly adviser in their opinion, that nothing would be more easy than to introduce the service book into Scotland, and that the fears of tumult or disturbance were groundless. Preparatory to the liturgy, the book of canons was first is-

was intrusted with the charge of lord Kenmuir's estates, and lord Lorn, one of the tutors, on this account requested the sentence of banishment might be remitted, the bishop refused to relax the execution of his sentence.

The same bishop, in the same oppressive court, deprived Robert Glendin- ning, minister of Kirkcudbright, an old man, seventy-nine years of age, be- cause he would not conform, nor admit an innovator into his pulpit ; and be- cause the magistrates of Kirkcudbright would still hear their minister preach, and his own son, one of the bailies, refused to incarcerate his aged father, the bishop ordered him and the rest of the magistrates, to be imprisoned in Wigton.

* Guthrie's Memoirs, p. 18. Burnet's Memoirs of the dukes of Hamilton, p. 30.

CHARLES I. 419

sued. It was compiled by the bishops of Ross, Galloway, BOOK Dunblane, and Aberdeen, who transmitted it to London, to VI- be revised by Laud and two other English bishops ; after which the king, by his prerogative royal, issued an order, under the great seal, enjoining their strict observance upon all the dignitaries and presbyters of the church of Scotland. They were printed at Aberdeen, and circulated by the Scot- tish bishops in their diocesses, for the information and di- rection of their clergy. There was an air of distrust, as to their success, thrown over the whole, by the place where the canons were printed — not in the capital — but their mode of imposition was universally disapproved of.

LXV. Ever since the period of the Reformation, no form of cnurch polity had been introduced without the sanction of a general assembly ; and James himself, when overturn- ing the power, preserved the form of these courts ; but in this case, not even the shadow of deference was paid to the jurisdiction of that body — the canons were confirmed by the royal supremacy alone. The intent of the canons was equal- ly repugnant to the principles of the presbyterians, as the manner in which they were promulgated. They affirmed the supremacy of the king in ecclesiastical affairs, to be the Repugnant same as that exercised by the godly kings of Judah, or the Christian emperors, and to impugn any part of which, was to incur the censure of excommunication, a penalty that involv- ed in its civil consequences, confiscation and outlawry. The authority, and the scriptural propriety of the office of the bishops, was secured from challenge by a similar penalty ; which was extended, by a most absurd enactment, to all who should affirm that the worship contained in the Book of Common Prayer, and Administration of the Sacraments, was repugnant to the scriptures, or superstitious, or corrupt, although they had not any opportunity of examining them previous to publication. With the same attention to pro- priety, every presbyter was enjoined to adhere to the forms laid down in a book which he had never seen ; and under pain of deprivation, was forbidden, on any occasion in pub- lic, to pour out the fulness of his heart to God in extem- porary prayer. .The behaviour to be observed by the con- gregation at the sacrament, and during divine worship, was

420

HISTORY OF SCOTLAND.

1635.

Its enact- ment.

BOOK minutely described. No private meetings were to be held ^ by the ministers for expounding the scriptures, and no ec- clesiastical business was to be discussed, except in bishops' courts.

LXVI. The whole structure of the presbyterian church be- ing thus swept away, the furniture, which she had desecrated nearly a century before, were reinstated in all their sacred honours in the renovated cathedrals; the font resumed its position near the door, and the altar in the chancel, or east end of the church, that the worshipper might direct at least his face, if not his thoughts, to Palestine. During divine service, the holy table was to be covered with a rich carpet, but when the eucharist was dispensed, with a white linen cloth. The communicants were to kneel around it, and if any of the consecrated elements should remain, they were to be distributed among the poorer sort who had communicated, and to prevent their profanation, be con- sumed on the spot. To assimilate ordination to a real sa- crament, it was ordered that it should be bestowed only at four seasons, the equinoxial and solstitial, in the first weeks of March, June, September, and December, and a very near approach was made to auricular confession, in or- dering, that no presbyter should discover any thing told him by a penitent, to any person whatever, excepting the crime was such as, by the law of the land, his life would be endangered if he concealed it. The powers granted the bishops were exorbitant, and provision was made for its consolidation, by securing to the clerical order, an indefinite increase of wealth. No person was allowed to teach pri- vately, or in public schools, without the license of the arch- bishop of the district, or bishop of the diocess, nor was a book permitted to be printed, till perused and approved by visitors appointed for that purpose, under a penalty left to their discretion. To secure funds, it was enacted, that no presbyter should endanger his property by being surety for any person in civil bonds, under the penalty of suspension ; and it was required, that both they and the bishops should, if they died without issue, leave it in whole, or in part, to pious uses, or if they had children, that some legacies ought to mark their affection for the church. The apology for

CHARLES 1. 421

publishing these canons, was perhaps as impolitic as the pub- BOOK lication itself. The design, it was said, was to give a com- pendium of the regulations which had received the appro- J635. bation of the general assembly, but which scattered through a number of volumes, were not always within the reach of the people, or even of the ministers ; an assertion so palpa- bly at variance with the fact, and so easily detected, that it was received as an insult, and created new suspicions, while it rivetted the old.

LXVII. When the subject of a liturgy was agitated during the king's visit to Scotland, the adoption of the English prayer book was proposed, to make the conformity between he two nations complete ; but as this would have been ac- cnowledging the ecclesiastical superiority of the English arch- >ishop, the Scottish prelates, so accommodating in every other point, would not concede this ; and the king or Laud consented to their desire of having a national prayer book. The P^ye The task of composing it was committed to the bishops of Dunblane and Ross. But the difference consisted almost entirely in the title, in substance it was a transcript from the English, with some variations, additions, and omissions. The quotations from the Apocrypha were not so frequent, and instead of the bishops' translation from the Vulgate in- serted in the English, the version now in use was substituted ; )ut in other respects where it differed, it was by approach- ng nearer to the mass-book. It was afterwards sent to Lon- don for revisal, and some corrections were made by Laud, which brought it still closer to the popish ritual. The wa- ter which was poured into the font, was to be consecrated prayer, and when the sacred element was ad ministered in saptism, the sign of the cross was to be employed in its ap- ilication. The ring was enjoined in marriage. In the ad- ministration of the communion, or as it was styled, the ser- vice of the altar, the minister who officiated was to stand at the north side, while the words of the institution were read, aut afterwards to remove, and stand with his back to the con- gregation, while consecrating the elements. The form of disliked srayer prescribed to be used on the occasion, " Hear us, ** merciful Father, and out of thy omnipotent goodness, grant lhat thou mayest so bless and sanctify, by thy word and Ho-

422 HISTORY OF SCOTLAND.

BOOK ly Spirit, these thy gifts, these thy creatures of bread and VL wine, that they may be to us the body and blood of thy be- 1636. loved Son," seemed to imply a sanction of the doctrine of transubstantiation, while the marginal directions, that " The | minister officiating, shall take or lift up the plate in his hands, ] while these words, * this is my body,' are repeating, and the cup when he pronounces ' this is the blood of the New Tes- tament,' " were construed as not very indistinct imitations of the elevation of the host. The deacon was to offer a me- morial, or prayer of oblation, when presenting the collections of the people to be placed upon the altar ; and thanks were afterward to be given for departed saints — a number of whom, who had blessed Scotland by their presence, were added to the kalendar.

LXVIII. A liturgy so strongly opposed in many material points, to the opinions and predilections of a nation who abhorred a liturgy in any shape, would have required great caution in bringing it forward ; but the resolution of intro-

Introduced. ducing it was adopted in the worst possible manner. With out any previous preparation, without consulting eithe presbytery, synod, or general assembly, in opposition t the advice of the oldest prelates, the objections of Spots- wood, — whose general compliance ought to have give weight to this solitary example of remonstrance, — and th representations of the privy council, it was determined t impose it by royal mandate and episcopal authority ; am both the privy council and Spotswood were forced to concur LXIX. A proclamation was brought from court by the bi shop of Ross, in December 1636, announcing the comple- tion of the work, and commanding all faithful subjects, clergy and others, to receive it with reverence, and conform them selves to the public form of service therein contained ; alsOj ordering all archbishops, bishops, and other presbyters ant churchmen, to enforce its observance, and bring the con

Byprocla- traveners to condign punishment, who were likewise en-

mation. jome(3 to have special care, that every parish, betwixt and Easter, have two copies of the liturgy. This proclamation was published by an act of council, obtained at a meeting composed of the chancellor and eight other bishops, while only two lay members were present, who refused to vote,

CHARLES I. 423

as they had never seen the book ; and although it gave rise BOOK to no open tumult, occasioned much private altercation. ^' The two parties became daily more embittered against each ~" . other. The presbyterians, who had long and anxiously Views of

watched the inroads which had been made upon the church, the.Presby-

' terians,

till they had seen the subversion of all that they esteemed beau- tiful in order, and pure in the form of her worship, branded, as idolatrous and superstitious, things, perhaps, innocent in them- selves, and were apt to impute motives, and judge of the ac- tions of their adversaries, with an indiscriminate acrimony, "he prelatic zealots exasperated their opponents, by press- andepisco. ng upon them an implicit obedience to the new forms of Palians- aptism, the communion, marriage, burial, prayers, psalms, rdination, and preaching, under the pains of confiscation nd outlawry ;* while the moderate, who could not go the ength of either party, lamented their violence, and progno- ticated a schism ; but they were few in number, and those mong them whose voice might have had any influence, Cinnoul, Marischal, Mar, Errol, and Melville, were unfor- unately cut off at a critical period, by an epidemic disease.

LXX. When the book itself was obtained, it was criticised 1637. rith the keenest jealousy, was made the constant theme of iscourse in the pulpit and in private, and a report soon be- ame generally current, that it was a translation of the mass, 'hich the prelates had conspired with Laud to introduce, lepresentations, exaggerated as usual in cases of indistinct larm were widely spread, and publications suited to rouse nd keep alive a spirit of watchfulness, and a preparation or resistance were everywhere diffused. In the meantime, lie conduct of government appeared wavering. The day Delayed. ,-hich had been intimated for the commencement of the new node of worship, was allowed to elapse, either through the neans of Hope, the king's advocate, who was friendly to lie presbyterians, or the anxiety of the bishop of Edinburgh, ivho wished to prevent the introduction of the liturgy, and id all in his power to obstruct its publication, or by the ears or mismanagement on the part of those to whom it was ntrusted. But whatever were the reasons for delay, the time

• Baillie, vol. i. p. 2.

424

HISTORY OF SCOTLAND.

BOOK was sedulously improved by the presbyterians. They im-

_J pressed upon the public, an idea of the weakness of govern-

1C37. ment being the cause why the king's mandate had been sus- pended, and they urged on the nobles, the necessity of stre- nuous and united exertion. Some of their leaders came to Edinburgh as early as April, to concert measures, and ar- range those plans of procedure, which enabled them to seize and wield with so much efficacy, all the power of the state.

LXXI. The crisis was hastened by private interest and re- venge. Spotswood, anxious to obtain the whole tithes of the abbey of St. Andrews, was preparing to fix the salaries of the clergy in the diocess, and to render them each payable in his respective parish, independent of the general amount of the tithes in the diocess, which had hitherto been available to make up the deficiencies of particular districts, where the tithes had been rented at a low rate, or alienated. By this allocation of stipends, the primate would have greatly aug- mented his own income, and lessened that of those who held the teinds in tack, and of the titular who had let them. The duke of Lennox, who was deeply interested in this scheme, — for he had received money from the tacksmen in advance, — perceiving that the credit of his house would be affected by it, applied to Traquair, the treasurer ; and he, still irritated at the prelates for their attempt to drive him from office, procured a warrant to suppress the commission of tithes. The chancellor, enraged at his loss, and the fail ure of his scheme, determined to go to court to represent his wrongs to the king; and the archbishop of Glasgow, wh had experienced a similar disappointment, sympathizing in his chagrin, resolved to accompany him. But, in order to render their visit agreeable to his majesty and Laud, thej wished to carry along with them the first intelligence of the introduction of the liturgy; and thus they who had hitherto been most averse, became suddenly most anxious to make Enforced, the attempt. An order for its immediate observance was therefore procured from court, and the bishops and ministers of Edinburgh, were commanded to intimate on the Sabbath preceding, [July 16th,] the king's will, that the Scottish li- turgy be read in all the churches next Lord's day. The

CHARLES I. 425

mandate was published by all the ministers, except Mr. An- BOOK drew Ramsay, who steadily refused. VI-

LXXII. During the week, the town was kept in a state of 1637. constant agitation by discussions and pamphlets, condemning Agitates the proceedings of the prelates, to whom the proclamation l was imputed ; while they haughtily refused, from an ill placed confidence in their own strength, to use any means for sooth- ing the discontent, or silencing the murmurs of the people by explanations or arguments ; nor did they make any pre- parations to prevent a disturbance, or quell it if any should occur, by applying in time for the aid of the civil power On Sabbath, the 23d of July 1637, the memorable experi- ment was made. The bishop of Argyle officiated in the Greyfriar's church in the forenoon, where the service met Read in with no other interruption than groans and lamentations, friar's

I The dean of Edinburgh was not so fortunate ; he performed i in St Giles', the cathedral, where the lord chancellor, lords i of the privy council, lords of session, magistrates of the city, and an immense crowd attracted by curiosity, assembled. The congregation, however, remained quiet, till he appeared in his surplice, and began to read the service ; when an old woman, JANET GEDDES, moved by a sudden burst of pious Tumult in indignation, exclaimed, " Villain, dost thou say mass at my lug !" and made the stool on which she had been sitting, fly at his head. This signal had been no sooner given, than those who sat next her followed the example, and in an in- stant, the confusion was universal ; the service was inter- rupted, and the women, whose zeal was the most conspicuous on this occasion, rushed to the desk in wild and furious dis- order. The dean left his surplice and fled, glad to escape in safety out of their hands. Lindsay, bishop of Edinburgh, then ascended the pulpit, and endeavoured in vain to allay the ferment. He entreated the people to reflect upon the sacredness of the place, and the duty they owed to God and their king, but his address only inflamed them the more. He was answered by a volley of sticks, stones, and whatever missile came readiest; and had it not been for the timely in- terference of the magistrates, the bishop might have fallen a martyr to the new ritual. With difficulty the most outra- geous of the rioters were excluded, and the doors barred, VOL. in. 3 r

426 HISTORY OF SCOTLAND.

BOOK after which the dean ventured to resume, but the violence of VI- the multitude without, who assaulted the doors, and broke 1637. the windows, crying out, " A pope ! a pope ! Antichrist ! Pull him down ! Stone him !" drowned the voice of the reader, and the service terminated in dumb show. It was dangerous for any of the bishops to appear in the streets, especially the metropolitan, who was a particular object of popular hatred. When he left the church, he took re- fuge in a staircase, whence he had been rudely dragged, but for the interference of the servants of the earl of Wemyss, who rescued him from his perilous situation. The privy council met with the magistrates between sermons, and such precautionary steps were taken, as ensured the peace- able performance of divine service in the afternoon, in the several churches. But the tumult had not subsided in the streets, and an armed guard was necessary to protect the bi- shop, who was conveyed from St. Giles' by the earl of Rox- burgh in his coach. This tumult, unparalleled since the Re- formation,* was the natural consequence of a sudden and un- expected impulse being given to long suppressed feelings, like a spark communicated to a well prepared train, and was entirely confined to the lowest of the people. No citizen of respectability was implicated in it, nor did it appear from the strictest examination of those who were apprehended, that it had been the result of any preconcerted plan, f

LXXIII. Next day, the city continued in a state of commo- tion, to put down which, the privy council issued a procla- mation, prohibiting all tumultuous meetings in Edinburgh under pain of death ; and enjoined the magistrates of the city to use their utmost endeavours to apprehend the rioters of the former day, when some six or seven servant girls were put in prison. The town, in consequence of the disturbance,

Publicwor- was laid under an episcopal interdict ; no preachings nor prayers were allowed upon week days, because the ministers would not comply with the liturgy ; and as the form of reli- gious service appeared to these high ecclesiastics of more consequence than the service itself, all public worship was suspended during the Sabbath. The chancellor, who had

* Baillie, vol. i. p. 5 f Burnet's Mem. p. 32. Maitland's Hist. p. 71.

CHARLES I. 427

proceeded in this affair without consulting the council, ira- BOOK mediately sent off by express to court, an exaggerated repre- VI' sentation of the disturbance, in which he laid the chief blame 1637. of his own precipitancy on their shoulders, especially on the ^.°£3 treasurer, for his absence from church. The council, who court, were displeased at his separate despatches, extenuated the affair, represented it as an inconsiderable tumult, and accused the bishops themselves as being, by their rashness, the au- thors of all the unpleasant circumstances that had occurred. The magistrates of Edinburgh — all of whom except the lord provost, were suspected of favouring the popular cause — as they were responsible for the peace of the city, wrote a humble letter to Laud, to deprecate his displeasure, and en- treat his good offices with the king; expressing their deepest regret for the unhappy disturbance, reminding him of their former loyalty and good behaviour, and promising unreserv- ed obedience in future.

LXXIV. In the midst of the ferment, the prelates proceed- ed to other unadvised attempts. They proceeded to enforce the former mandate that every parish should be provided with two copies of the liturgy. The charge was executed by the chancellor, against Alexander Henderson, the minis- Charge a- ter of Leuchars, James Bruce, minister at King's Barns, and George Hamilton, minister at Newburn ; and by the arch- bishop of Glasgow, against all the presbyters of his diocess. Henderson, who was possessed of very superior talents, ac- companied by that firmness which enables a man to rise in times of public commotion, had originally been attached to the episcopalians, but was proselyted to the cause of presby- tery by a sermon of Bruce's, and ever remained steadily at- tached to his adopted profession, but with a moderation un- happily not then common to either party. When the time allowed in the charge had nearly expired, he presented a supplication to the privy council, in name of himself and brethren, praying for a suspension of the charge : — " Be- cause, the new service was neither warranted by the autho- rity of the general assembly, nor by any act of parliament ; while the liberty of the church, and her form and worship, had been settled and secured by several statutes : — because as an independent church, her own ministers were the fittest

428 HISTORY OF SCOTLAND.

BOOK judges of what was necessary to be corrected; and in thiel ' book, some of the main ceremonies had originated disputa- 1637. tion, division, and trouble, from their near approach to those of Rome ; besides, the people, who had ever since the Re- formation been taught otherwise, would not consent to re- ceive the new service, even although their pastors were will-

ing."*

Petitions Lxxv. Petitions of similar import, but entering more into lUurey. * "argument and detail, were presented from members of the three presbyteries, Irvine, Glasgow, and Ayr, recommended by letters from several of the noblemen, and supported by the personal application of a number of gentlemen, to the individual members of the council. The bishops expectet that the supplications would have been rejected, and some exemplary punishment inflicted on these concerned in the late tumults ; but were exceedingly disappointed, when th< council appeared favourable to the petitioners, and declaret that the charge required only the purchase, but not the use of the service book. In order to reimburse the king's print- er, the books were ordered to be bought, but, to satisfy the The use of supplicants, the order for reading the liturgy was suspended, tm new instructjons Were received from the king. In their representation to the king, the council informed him of the increasing aversion to the liturgy, which now began to be shown by numbers who had not hitherto exhibited any symp- toms of dislike ; that it had spread so widely, and the mur- muring was so general among all ranks, beyond whatever had been heard in the kingdom, that they durst no longer conceal it ; and conceiving it a matter of such high conse- quence, the end whereof it was impossible to foresee, they neither durst investigate the causes farther, nor attempt to prescribe any remedy, till his majesty, after being fully in- formed upon the subject, should be pleased to direct them ; and they suggested, that some of the privy council should be called to London, to give this information.

LXXVI. The vacation of the courts, and the approaching harvest, emptied the metropolis, and for some weeks a calm succeeded. The parties were not, however, idle; the oppo-

* Rushworth, vol. ii. p. 395.

CHARLES I. 429

nents of the liturgy, acquiring more boldness from their ra- BOOK pidly accumulating numbers, became active in proportion as

the hopes of success increased. The bishops, roused at 1637. length by the note of preparation, which resounded on every side, made some ineffectual attempts to counteract the ex- ertions of the popular declaimers. They now began to de- fend and explain the service book in their discourses — but it was too late ; their discourses were interrupted by clamour, and their persons exposed to insult. Mr. William Annan, minister of Ayr, by desire of the archbishop of Glasgow, preached at the opening of the synod. His sermon was a plausible and ingenious apology for the use of forms of prayer and a liturgy. The majority of the synod were dis- Disorders, pleased and silent ; but at the dismission, Mr. Annan was followed by hootings and opprobrious language, and the presence of the magistrates scarcely preserved him from the manual vengeance of a number of women,* who were foremost in the fray. During the day, whenever he ap- peared, he was followed by threats ; but at night, about nine o'clock, having ventured out in the dark, to pay a visit to the archbishop, he was again beset by the ladies, now amounting to some hundreds, who attacked him with their fists, switches, and peats, but no stones ; tore his coat, ruff, and hat to pieces ; and after thrashing him soundly, dispersed. No inquiry was made into this riot, as several I of the heroines were understood to belong to the first fami- lies in the town.

LXXVII. The king, who had had an opportunity presented him of retracing, without dishonour, his arbitrary and ill judged steps, allowed it to pass, and lost it for ever. He returned a severe and reproachful answer to the representa- tions of the council, accused them of cowardice, and blamed their lenity, and the inactivity of the magistrates of Edin- burgh, as the cause of the whole ; disapproved of the inter- The king mission of the new service, and ordered it to be immediately service to* resumed, while he rejected their reasonable request to send be resum- for some of their number, that he might obtain an accurate ec account of the state of the country. The city of Edinburgh

Baillie snys, ahout forty of our honestest women, vol. i. p. 3.

430 HISTORY OF SCOTLAND.

BOOK had, in a former letter from his majesty, been ordered to choose sir John Hay, clerk register, as their provost, with 1637. which mandate they had complied. He anew set aside the chartered rights of all the other burghs, and commanded them to choose no person as their magistrates, except such as would conform to the new service.

LXXVIII. Before the receipt of this injudicious letter, six- ty-eight new supplications had been laid before the council ; and twenty noblemen, a large proportion of gentry, and eighty commissioners from towns and parishes, were wait- ing its arrival. When the contents of the letter was publish- ed, the supplicants were far from being inclined to obey its injunctions. They replied, by embodying their numerous petitions into one joint supplication, praying that they might have liberty to state their complaints, and assign their rea- sons before the obnoxious service was finally enforced. General This was presented to the council by the earls of Sutherland tiorfaT" an^ Wemyss, in name of the nobility, barons, ministers, gainst it. and representatives of burghs ; and the duke of Lennox, who had brought down the letter, and had been a witness to the extraordinary scene, expressed his astonishment, and assured the petitioners that his majesty must have been misinformed. The general supplication, with a selection of the petitions from those places which had been represented as most fa- vourable to the innovations, were transmitted by Lennox, who was requested to explain to his majesty the difficulties with which the privy council were surrounded ; to assure him of their zeal in his service, and request precise instructions for their government.

LXXIX. The magistrates of Edinburgh, influenced by their new provost, were forced to give their reluctant sup- port to the measures of the prelates, and seem at least to pro- Town mote the introduction of the liturgy. By his command, a council. meeting of the town council was held in the tolbooth, [22d September,] which the people being apprized of, and dread- ing that they were concerting means for re-introducing the obnoxious service, assembled in great numbers, and rushing into the chamber where the council was assembled, obtain- ed a promise that they would join the supplicants, and tha the city would be among the last places troubled with th

CHARLES I. 431

book. In compliance with their promise, a petition was pre- BOOK

sented to the privy council, by the bailies and council of the ^

city, expressing their willingness, according to their powers, !?37- to contribute their best endeavours to promote his majesty's tion. service, and the peace of the city ; but stating, that the great resort of nobility, gentry, and divers ministers, had so alie- nated the minds of the people from the " said buik," that they could not promise for the conduct of the citizens in fu- ture ; and therefore besought the council to urge nothing up- on them, more than was practised by the rest of the country, nor make them " anie oprobrie to the rest of the kingdom." Yet such was their terror for Laud, that they deemed it ne- cessary to explain to him the reasons for their conduct, and Supplicate beg his intercession with his majesty, that they might be still kept in his favour. The reasons they assigned were such as should have made the archbishop pause; but a supersti- tious zeal for trifles, when it assumes the garb of doing God service, is not only a furious, but an obstinate and uncon- vincible passion. They told him of such an innumerable Without confluence of people from every corner of the kingdom, both e ect* clergy and laity of all degrees, and such a complete altera- tion in the public mind, that they were unable to stand out alone against the sense of the whole country. The appalling facts made no impression upon his grace, and the king was never known to recede from his purpose till his concessions had lost all merit.

THE

HISTORY OF SCOTLAND.

BOOK VII.

Charles I. — State of the Country. — Considerations on the dangers of the Li- turgy— Supplicants assemble at Edinburgh — Ordered to leave the City. — Refuse — Draw np accusations against the Bishops. — Riotous conduct of the populace quelled by the Nobles. — Committees of TABLES first proposed. — Council and Court of Session removed from Edinburgh — Montrose joins the Supplicants — The Tables sanctioned by the Council — The King's an- swer to the Supplication. — Conference at Holyroodhouse — Supplicants en- large their demands— Refuse to petition separately. — Present their accusa- tion against the Bishops to the Privy Council — The King's proclamation hi answer to it. — Conference between the Tables and the Council. — Tra- quair publishes the proclamation at Stirling. — The Supplicants enter a protest. — NATIONAI COVENANT renewed — Aberdeen alone refuses to accept it. — Council recommends lenient measures. — Traquair and Roxburgh's insidious advice to the King — Supplicants rise in their Demands — Presbyteries re- sume their privileges — Marquis Hamilton appointed High Commissioner to the Church — His Instructions. — His cold reception — Covenanters block- ade Edinburgh Castle. — Refuse to surrender the Covenant — Their ultima- tum.— Hamilton's conciliating overtures — Declaration of the Covenanters. — Hamilton clandestinely publishes the King's Declaration — The Tables protest against it. — Duplicity of the King — Hamilton's recommendation of temperate measures rejected by him — He approves of Aberdeen refusing the Covenant. — The Covenanters determine on calling an Assembly — Con- cessions recommended by Traquair, &c. to the King, who agrees to them. — They prove unsatisfactory. — The original Covenant proposed. — Objected to by the Covenanters. — Hamilton proclaims it — The Tables protest against it. — Aberdeen receives it with restrictions. — Magistrates of Glasgow refuse to sign it — The Assembly meets at Glasgow. — Hamilton's violent proceed- ings— He dissolves it and discharges it by proclamation. — They continue to sit. — Lord Erskine and Earl of Argyle join them — They annul the proceed- ings of all assemblies from 1605 — Restore Presbyteries to their original rights. — Pass sentence on the Bishops. — Their humble address to the King. —Reflections — 1637-1638.

BOOK i. THE proceedings in Scotland had hitherto been in a great VH- measure insulated ; and although originating from similar 1637. causes, and in some instances simultaneous, had not been the

Charles I. result of concert or combination. We are now approaching

CHARLES I. 433:

a period when they were to assume a different appearance; BOOK when the popular movements were to be connected with wis- ^**L dom and unity of plan, and energy and success of execution. <> 1637: But this was accompanied with a revolution of habits and the coun- manners no less remarkable, which gave a stamp to the na- try' tional character not yet entirely eradicated. The fathers of the reformation were peculiarly anxious for the instruction of youth, and strongly recommended the planting of schools, and the erection of universities of learning; and but for the interruptions their patriotic schemes met with, first from the rapacity of the nobles, who seized upon the funds which should have endowed their seminaries, and next from the un- ceasing controversy about church government, and their in- cessant struggles to preserve their liberty, both civil and ec- clesiastical, instruction would have been placed within the reach of the lowest individual in the kingdom. As it was, the assiduity of the ministers, when suffered quietly to exer- cise their functions in their respective parishes, diffused a de- gree of knowledge upon scriptural subjects, which gave a ge- neral tone to the public mind, and by affording it exercise in abstruse speculations, sharpened its faculties where it did not subdue its passions. Men then, as now, were capable of perceiving and debating upon the doctrines of the scrip- tures, whose knowledge had little effect upon their moral conduct. The natural consequence was, that when, from fashion or political motives, the people assumed an outward garb of sanctity, many must have been hypocrites; but it is equally plain, many, or a majority, must have been sincere ; and all having been taught by the same masters, would na- turally speak the same language, however different the re- gulating principles of the soul, or tenor of the practice. The ministers, who knew this, and who, conscientiously attached to the presbyterian church government because they thought it most consonant to the scriptures, were aware that the most fiery zeal for a form might exist among men who had no regard for religion, but that it would soon wax cold in ad- versity ; they were therefore anxious to fix principles in their minds, to inculcate the necessity of private, personal devo- Conduct of tion, and the rigid adherence to individual rectitude of con- the minii- duct, as the only unequivocal marks of real attachment to VOL. m. 3 K

434" HISTORY OF SCOTLAND.

BOOK the public cause of their church and country. They were' VII> incessant in their labours in private, their exhortations were 1637. frequent, and their watchfulness over their flocks unremit- ting; and their public ministrations, even when apolitical subject was the theme of their discourse, were remarkable for pointed appeals to the conscience and to the heart, and warm exhortations to amendment of life.

ii. When the supplicants were in Edinburgh, — after the king's letter had damped their first hopes of relief from the court, — some of the leading ministers, Henderson, Dickson, and several others, in consulting together upon the state of Considers- the times, drew up, " Considerations for such as lay to heart tiiTdanger tne danger of this intruded liturgy," &c. and as they exhibit of theiitur- the manner in which the ministers dealt with the people, and the means they recommended so effectually to recast the nation in the puritanical mould, they deserve notice. Af- ter a confession of the sins of the people and the ministers, they prescribe the remedies — union and love among each other ; " that every person should deal impartially with their own personal faults, and repent and cleave unto our offend- ed Lord Jesus, with purpose of employing him in all things in another sort than we have done ; that every man deal with his charge, friends and acquaintance, to take religion more to heart, and to bring forth fruits of it, and not to be ashamed to profess Christ Jesus and his holiness, and to bear his re- proach ; that the knowledge of scripture, and the grounds of religion and controversies, be better studied, and more mixed with prayer for sound light, and accompanied with more careful practice of uncontroverted truth ; that every man acquaint himself with secret prayer to God ; masters of families to constantly worship God with their families, and let the reading of the scriptures be joined with morning and evening prayer." The people received with avidity the ex- hortations of men who they saw exemplifying in their own practice the precepts they inculcated ; and persecution, — as it always does in cases of religion, — gave a factitious import- ance to the minute observance of duties, accompanied by danger, or exposed to ridicule or contempt. To prevent their exhortations from being obliterated, frequent fasts were enjoined, congregational or universal, when similar topics

CHAULES I. 435

were insisted upon. A strict observance of the regulations BOOK of the church was made a condition of admittance to the VH' communion, and a dread of being debarred from that ordi- 1637. nance, operated as a strong and powerful guard on the ge- neral conduct of a people, to whom a refusal would have been the deepest affliction, and the sorest affront. To all this was added, the mighty effect produced by the solemn renewal of the covenant, with the contents of which every individual was carefully instructed, and to which attachment was daily inculcated ; and the combined effects of private and public exhortations, — enforced besides, by the piety of some, and the policy of all the nobility, — tended to form a nation fitted to endure persecution, rather than relinquish their rights ; and finally to secure for their posterity privi- leges dearly purchased— now too lightly esteemed — and, at the same time, imprinted a gravity and sobriety of manners, which, however compatible with the highest mental and so- cial enjoyment, assorted ill with the frivolous gayety and li- centious mirth that flooded the realm when Charles II. was restored ; and which, but for the stern bulwarks they oppos- ed to the baneful tide, would have laughed these kingdoms at once out of their morality and their freedom.

in. No answer was expected from court to the supplica- The sup- tions before November ; but information being given to the j^n** p. city of Edinburgh, that it would be returned by the 18th dinburgh. October, the leaders of the supplicants who were in town, afraid that some design was in agitation to divide the capital from the country, despatched expresses everywhere, recom- mending a full attendance of the supplicants in the city, on the day the privy council was to meet to receive it. As the harvest was now finished, the call was universally attended to ; and, besides a large increase of noblemen, there was hardly a shire south of the Grampians that did not furnish numerous deputations of gentlemen, ministers, and burghers, to swell the crowds who were attracted to the capital. In the course of one or two days, the clerk of the council re- ceived two hundred dollars — no inconsiderable sum in these times — the fees of two hundred supplications, presented from as many parishes. A favourable answer might even at this

436 HISTORY OF SCOTLAND.

BOOK crisis have restored tranquillity to Scotland, and secured the

**' bishops from overthrow. ,637, iv. The assembled multitudes divided to discuss their com- plaints— the nobles in one body, the ministers in another, and the commons in a third ; but the only question agitated in these meetings was the liturgy. Had it been withdrawn in a frank, conciliatory manner, or any assurance given on which they could rely, the people would have been satisfied; but while the supplicants were employed in putting into shape their objections to the service book, they were interrupted by Ordered to the intelligence, that they were all ordered to quit the city city. within twenty-four hours, and the privy council and courts

of law to remove to Linlithgow. To these two proclama- tions was added a third, prohibiting the circulation of a pamphlet, entitled : — " A Dispute against English Popish ce- remonies* obtruded on the Church of Scotland ;" ordering all who possessed copies to bring them to be publicly burn- ed, and denouncing punishment against any who, after the intimation, should have it in their possession. They re- Vt The intention of the first proclamation was evidently to fuse. disperse and disunite the supplicants; it produced a more

indissoluble bond of union. When the emotions of astonish- ment and rage to which it gave rise had subsided, they de- termined to refuse obedience, or to separate till they had es- tablished a rallying point ; which they accomplished by fram- Th«r rea- i°g an act of accusation against the bishops, as the authors b°ns- of the liturgy and canons, and of all the troubles that had

arisen, or were likely to arise, from their introduction. Jn the Book of Common Prayer, they affirmed, the seeds of su- perstition, idolatry, and false religion, were sown, and false doctrine, contrary to the true religion, established. In the canons they complained that the constitution of the church was subverted, abolished superstition and error revived, and a door opened for whatever further innovations of religion the prelates pleased to make ; all which were imposed con- trary to order of law, and their' acceptance urged by open proclamations and charges of horning, the supplicants being thereby reduced either to suffer the ruin of their estates i

* Written by the celebrated George Gillespie, then minister of Wemyss.

CHARLES I 437

they refused, or fall under the wrath of God, for breach of BOOK covenant, if they obeyed these illegal injunctions. Where- __XHl_ fore, being persuaded that these proceedings were contrary 1637- to the pious intentions of their gracious sovereign, and cal- culated to create dissension between the king and his subjects, and between subject and subject, they complained against the prelates, " humbly craving, that this matter may be put to trial, and they taken order with, according to the laws of the realm, and that they be not suffered to sit any more as judges, until this cause be tried, and decided according to justice." The accusation was instantly subscribed by twen- ty-four noblemen, several hundreds of gentlemen, ministers, and representatives of boroughs, and within a short time by all ranks, and every corporation in the kingdom, except Aberdeen, where the power of Huntly predominated.

vi. The second proclamation, instead of terrifying, exas- Edinburgh perated the citizens of Edinburgh. They assembled tumul- exasperau tuously in great numbers, surrounded the place where the town council was assembled, and demanded that the provost and council would appoint commissioners, to join with the rest of the country in their supplication and complaint ; that they would restore their ministers, Rollok and Ramsay, with Henderson, a reader, who had been suspended from their offices ;* and plainly intimated, that unless their demands were complied with, the magistrates would not escape with their lives. The magistrates, who possessed no power for resistance, if they had wished it, granted all that was desired, tra&>g*~con- nominated commissioners to concur with the other suppli- cur with cants, and subscribed an act, recalling the suspended mi- nisters.

vii. Elated with their success, the crowd was dispersing in triumph, when their attention was unfortunately attracted by Sedserf, bishop of Galloway, who was currently reported to wear a crucifix of gold beneath his coat. He was immediate-

* On the morning of the Sabbath, on the forenoon of which the liturgy was introduced in St. Giles', Henderson read the usual prayers — about eight o'clock — and when he had ended, he, by way of farewell, said to the auditors, Adieu, good people, for I think this is the last time of my reading prayers in this place. This was the offence for which he was turned off. Maitland's Hist. P. 71.

438 HISTORY OF SCOTLAND.

BOOK ly saluted with loud execrations, and the women proceeded _ from abuse, to tug and draw the poor bishop ; and were about

1637. to strip him, to detect, if they could, the concealed image, when some gentlemen interfering, partly by entreaty, and partly by expostulation, effected his rescue, or rather enabled him to extricate himself, and flee for refuge to the privy Mob. council. The mob, when they perceived that during the parley the bishop had escaped, grew more furious, and fairly blockaded the council chamber, demanding with violent me- naces, that he and the provost should be delivered up to them. The earls of Traquair and Wigton, as soon as they were informed of the situation of the bishop, hastened with their followers, to attempt to relieve him, but having suc- ceeded in getting into the privy council-room, they found themselves in as perilous a situation as him they came to deliver ; for the fury of the mob increasing with their num- bers, threatened to break into the place, and inflict a cruel vengeance.

viii. In this unpleasant predicament, they made applica- tion to the magistrates, but the magistrates, themselves sur- rounded, could afford them no assistance. Traquair and Wig- ton, perceiving that nothing was to be expected from the ma- gistrates, resolved to venture out, and try whether by authori- ty or persuasion, they could not prevail on the multitude to disperse ; but rinding the multitude quieter in consequence of the concessions of the magistrates, they, after consulting with them, agreed to return to the privy council, while the bailies should endeavour to pacify the people ; but no soon- er had they set out upon their return, than they were assail- ed with vehement cries of ** God defend all those who will defend God's cause," and il God confound the service-book, and all maintainers thereof." In vain the two noblemen em- ployed entreaties and promises ; the treasurer, who was most disliked, with difficulty, and through the exertions of his friends, — but with the loss of his hat, cloak, and white staff- reached the council room, whither he was soon followed by the magistrates, who told the privy council, that though they had done every thing to appease the mob, and secure their lordships, it was not in thei» power to reduce the people to obedience. In this dangerous conjuncture, they determined

CHARLES I. 439

to send for some of the nobles who were engaged in prepar- BOOK ing their petition against the service-book, and request them VI1- to try their influence with the people. The lords instantly 1637. despatched some of their number to endeavour to conduct Quelled l>y the imprisoned council safely home. At their appearance, they were received with distinguished marks of respect ; nor was there the smallest insult offered to any of the hated in- dividuals, while under their protection. At their entreaty, the populace retired to their homes, and the counsellors re- turned in safety to Holyroodhouse.

ix. In this last tumult, the leaders were not, as formerly, obscure individuals, but the principal citizens and their con- nexions ; persons who, in all probability, would have re- mained quiet, or at least not encouraged such outrageous proceedings, had not their passions been inflamed more by the prospect of their own personal loss, in the removal of the seat of government and the courts of justice from the city, than even by their abhorrence of the liturgy ; but who seized this as a more popular pretext for wreaking vengeance on those whom they considered as the authors of the mis- chief, than if they had made the wrongs done the city the watchword of the rioters. The privy council met in the af- Proceed-

, . , , . , ., . . ,, ings of the

ternoon, and issued a proclamation, prohibiting all assem- privy couu. bling of people in the streets, and all private meetings, cil- tending to faction and tumult ; but on the representation of lord London, they allowed the nobles to remain in Edin- burgh four and twenty hours longer, and agreed, that all who could show that their private business required a farther dispensation, should receive a similar indulgence. They refused, however, to receive their complaints, as they were interdicted by the king from intermeddling with any eccle- siastical affairs. With this answer, the lords declared them- selves satisfied. In the evening, a numerous meeting of the leaders of the supplicants was held at lord Balmerino's lodgings, where the first regular steps were taken for con- solidating the opposition to the court, and the project of the famous committees, the TABLES, was first started.* Committo Lords Balmerino and Loudon made eloquent and impres- °

" Baillie's Letters, p. 22.

440 HISTORY OF SCOTLAND.

ROOK sive speeches, recommending perseverance in pursuing their ^ **• object — " the banishing of the liturgy," and a resolution 1637. was Passed> " tnat they would make the best use that wis- dom and diligence could, of every occasion as it presented itself, to get free of the detested books." But the most important resolution was, that they should meet again, in as great numbers as possible, on the 15th November, to wait on the answer to their prior supplications, to present their new ones, and to do farther, as circumstances might require.

Courts re- x. According to proclamation, the privy council and court

from Edin- °f session, assembled at Linlithgow, and wei^e constituted in

burgh. the palace. It was, however, so much out of repair, and

the accommodations in the town were so miserable, that the

writers and advocates could not attend, and the court was

adjourned to Stirling.

xi. The proposed meeting of the 15th had been announ- ced from all the pulpits, and the concourse to Edinburgh was much greater than on the former occasion. It was strengthened by a new accession of nobles, among whom, the earl of Montrose, who had just returned from his tra- vels, and was esteemed one of the most promising young noblemen in Scotland, shone conspicuous. He was reckon- SupplU e(l a great acquisition to the party, and his ardour in the cants meet cause had been stimulated by the cold and forbidding re-

. — joined by . . , , ., _,.

Montrose. ception he had experienced at court. 1 he privy council al- so came to the capital, to watch their motions. Surprised at the great increase of the petitioners, the earls of Traquair and Lauderdale, with lord Lorn, wrote to the nobles of the popular party, and endeavoured to persuade them, that their meeting so often,, and in such numbers, was illegal and dis- orderly. The noblemen, who were prepared to take advan- tage of every circumstance, replied, that the supplicants had at this time so arranged themselves into separate companies, and kept so close within doors, that their numbers could oc- casion little disorder ; that the contents of their last petition were so important, that they were anxious his majesty should Confer be acquainted with them ; and being of public moment, as w,th the an tne lieges had an immediate concern, both in concurring

council.

in the supplications, and in waiting for the answers, their at-

CHARLES I. 441

tendance was justifiable by reason, law, equity, and custom ; BOOK and, that the late king, whose wisdom was undisputed, had VII> laid it down as an incontrovertible axiom, when the religion 1637. or king was in danger, the whole commonwealth should move at once, not as divided members, but as an undivided body. But, at the same time, as the redress of their griev- ances was not likely to be speedily accomplished, they ex- pressed their willingness, in order to avoid giving offence by the greatness of their numbers, to choose a few of the nobles, two gentlemen of each shire, one minister for each presbytery, and one burgess for each burgh, as commission- ers for the whole, to prosecute the accusation of the prelates, and await the result of their applications to the king.

xii. The council, afraid of any new commotion arising from the numbers assembled in the city, agreed to the pro- posal, and unwittingly established a new power within the state, famous in the sequel of this reign, under the name of

the Tables ; a designation which originated in the division of Who sanc* . . . IT . tion the

the commissioners into separate bodies or tables. As it Tables, would have been inconvenient for the whole tables to attend constantly, a standing committee of four from each table was appointed to reside in Edinburgh, with instructions to con- voke the whole upon any extraordinary occurrence. A council, and regular subordination thus established, the pro- miscuous multitude retired peaceably to their homes to await the orders of their leaders, among whom the earls of Rothes and Montrose, and lords Lindsay and Loudon, were the most active, and the most confided in.

xni. At length Roxburgh, lord privy seal, who had gone to court after the disturbances in October, returned with despatches for the council. Their purport was announced in an ambiguous proclamation. " His majesty, in a just re- Charles' sentment of that foul indignity, [the tumult of the 18th Oc- tober,] had been moved to delay the signification of his gra- cations cious intentions, in giving to his subjects such satisfactory answers to their petitions, [presented in September,] as in equity might be expected from so just and religious a prince." " Yet his majesty was pleased, out of his goodness to declare, that as he abhorreth all superstitions of popery, so he will be most careful, that nothing be done within his dominions,

VOL. III. 3 L

442

HISTORY OF SCOTLAND.

BOOK

VII.

1637.

Mutual suspicion.

Conference at Holy- rood house.

Demands of the sup- plicants.

but that which shall tend to the advancement of true religion, as it is at present professed within his most ancient kingdom of Scotland ; and that nothing is, or was intended to be done therein, against the laudable laws of his majesty's native kingdom."

xiv. Whenever parties in any negotiation become suspi- cious of each other, the most explicit declarations are apt to be cavilled at ; but the phrases, " true religion," and, " as presently professed," had been tortured so often into terms to suit the views of the dominant side, that they had now be- come justly dreaded, as at best equivocal. His majesty, it was said, considered the pomp and ceremonies of the church of England as the true religion, and the prelacy brought into Scotland, in opposition to the will of the people, as that pre- sently professed ; and as to his intending nothing against the laudable laws of his native kingdom, his whole reign in Scotland had been one series of aggressions against the laws. But while these were the private opinions of many of the presbyterians, their leaders, in public, dexterously chose to treat the declaration as conveying his majesty's real senti- ments, and as expressive of his aversion to the late innova- tions, the whole blame of which was thus thrown upon the prelates. Besides his public, Roxburgh brought secret in- structions, to tamper with the nobles separately, and endea- vour to buy over, or to divide them.

xv. Traquair and the privy seal, having invited a number of the nobles to a conference in Holyroodhouse, they came attended by a deputation from the commissioners. The condescension of the king, and the gracious assurances that he had given in his late proclamations, of his entertaining no designs against religion, were expatiated upon by the trea- surer, who also represented, that as the liturgy was by the same deed virtually suppressed, they ought to rest satisfied ; but the demands of the supplicants were not now limited to the simple recalling of the service book, they began to feel their advantages, and determined to improve them. The Book of Common Prayer, might, to answer a purpose, be withdrawn for a time; they therefore insisted, that it should be as publicly and formally revoked, as it had been impos- ed. The canons, which were entirely subversive of church

CHARLES I. 443

discipline, they would not any longer consent to tolerate, BOOK nor would they ever cease to seek relief from that iniquitous

court, — the high commission, — which endangered their li- 1637. berties, and was introduced not only without, but in opposi- tion to all law. The treasurer observed, that however just their request might be, or however desirable to have the evils complained of removed, they ought to recollect, that it did not become them to dictate to a king, the time and Traquair's the manner in which he should grant their petitions. At reply< the same time, he warned them to beware of taking too high ground, lest they, by aiming at too much, should spoil all ; and by pushing their accusations against the bishops to an unreasonable pitch, should procure their firmer estab- lishment, instead of their fall. To this the commissioners replied, they were certain, that they would long ere now have obtained redress from the king, had he been truly in- formed of the nature of the books, or the tendency of the other innovations.

xvi. The high officers then requested, that to prevent confusion, or any appearance of unlawful combination against They refuse authority, each county should petition separately, and at dif- ferent times. The supplicants, who saw the drift of this proposal, resolutely refused to disunite, and on the first meeting of council, proceeded to Dalkeith in a body, with a joint petition. The council, who were extremely unwill- ing to receive them, contrived for several days, to put off their admission, till wearied out with excuses, they beset the council house. Several of their number, attended by a no- tary, at each door, with protestations prepared against the denial of justice, and the refusal to receive their petitions —

against the archbishops and bishops being allowed to sit as Assail the • ••it ^ ^i i privy coun-

judges, while they were under accusation ; against they them- c;j.

selves, or any who joined them, being liable to any penal- ties for not observing rites and ceremonies, or obeying ju- dicatories which had been introduced in the face of the acts of general assemblies, and the statutes of the kingdom ; and against any disorders or disturbances which might be occa- sioned by pressing the innovations, or refusing their suppli- cations, being imputed to them who had hitherto behaved quietly, and only sought reformation in an orderly way.

444 HISTORY OF SCOTLAND

BOOK. The counsellors, acquainted with the nature of the protest,

prevented its presentation, by appointing a day on which

1637. they would grant them a hearing, and receive their repre- sentations.

xvii. On the 21st December, the deputies appeared be- fore the privy council, now composed only of lay members,

Their ac- the prelates having withdrawn. Lord Loudon presented cusation a- , . *r . . , .

gainst the tne accusation, and in a long and temperate speech, enu-

bishops. merated and enforced the complaints of the supplicants. In conclusion, he declared that they had no desire for the bishops' blood, nor for any revenge upon their persons ; they only craved, that the abuses and wrongs done by them, might be truly represented to his majesty, the evils they had occasioned remedied, their recurrence prevented, and the power which they had so much abused, properly re- strained. After his lordship, some of the other deputies spoke shortly, but warmly, and their speeches were observed to affect some of the counsellors even to tears. When they were ended, the officers of state exhorted the ministers to instruct the people to be loyal to the king, and not to speak unfavourably of his religion ; to which Mr. Cunninghame, the minister of Cumnock, replied, "Our consciences bear us witness, that we endeavoured to carry ourselves suitably in this respect, neither had we ever a thought to the con- trary but his majesty was wronged, after the manner that king Ahasuerus was wronged by Haman, and we are looking to see the way of the Lord's righteousness in his appointed time." The lords of the council assured the de- puties before they parted, that they were deeply interested

Answer of in the cause ; but as they were expressly prohibited by the thecouncil. , . r . , „. ' , ,

king from intermeddling more in the controversy, they re- quested them to wait till they received his majesty's instruc- tions.

xviii. The council, placed in a perplexing dilemma by the threatening aspect of affairs in Scotland on the one hand, and the dread of his majesty's displeasure on the other, were desirous that some of their number should repair to court, and lay before the king a plain exhibition of the real state Traquair of the country. Roxburgh and Traquair were both equal- court,0 b' willing to undertake the ungracious service. Traquair

CHARLES I. 445

was preferred by Charles, and summoned to London. Un- BOOK fortunately, the treasurer was suspected of being inimical to ^^ the bishops, and secretly attached to the cause of the sup- i6S7. plicants ; his representations of the strength of the malecon- tents, and of the distracted state of the country, were in con- sequence, supposed to be overcharged, and his recommen- dation to withdraw the liturgy was disregarded. Spotswood His repre. too, the president of the court of session, son of the arch- disregard- bishop, counteracted his endeavours to undeceive the king ; ed- but the chancellor himself is said to have turned the balance against the supplicants, by an ominous example taken from the domestic history of his grandmother, who, by declaring the murderers of Rizzio traitors, broke asunder the bond of the confederated nobles, and forced them to seek refuge in exile.

xix. The king, either persuaded that a similar procedure 1P38t would in the present instance, have a similar effect, or, what is more probable, instigated by the rash, unyielding bigo- try of Laud, transmitted by Traquair a proclamation, un- der an oath of secresy, in which he declared, that the bi- T^e king's shops were unjustly accused of being the authors of the ser- tjon }n an_

vice book and canons, as whatever was done by them, was swer to the ,,. . . ,. , , iiii i-i- accusation,

by his majesty s authority and orders ; that he had diligent- ly examined these books, and after the most careful perusal, had found nothing in them that could be prejudicial to the ancient laws, or the religion received in Scotland ; but on I the contrary, was persuaded they were very well calculated for promoting solid piety, and preventing the growth of po- pery, his abhorrence of which was sufficiently evidenced by his daily proceedings ; that he condemned all the meetings of his subjects, that had been kept for exhibiting any peti- tions against these innocent books, and the bishops the pro- moters of them, and all subscriptions by any of the lieges, of whatever rank, for that end, as manifest conspir- And prohi. acies for disturbing the public peace ; yet he was ready to blting

. .11 . •«. meetings

forgive what was past, provided such practices were reli- for peti- giously abstained from in future, and he forbade all meetings tioning- of that kind in time to come, under pain of rebellion.

xx. Upon Traquair's arrival in Edinburgh, he was waited upon by several of the nobles, to hear what answer the king

446 HISTORY OF SCOTLAND.

BOOK had returned to their supplications, but all they could learn *""• from him, after numerous evasions, was, that there would 1638. be a necessity for avoiding such numerous meetings as had Traquair's ]ately taken place at Edinburgh, else the council would be ewers to obliged to prohibit them. Their secret intelligence, how- the nobles. ever> supplied the deficiency, and before the treasurer could execute his commission, the alarm had been given to the whole body of supplicants. A meeting of the privy council was to be held in Stirling, to whom the despatches brought from London were to be produced. The supplicants throughout the whole country were notified of the circum- stance, and ordered to attend for the preservation of their

The snppli. Jea(jers . an(| their obedience was stimulated by a report,

cants called »

together, that it was the intention of the privy council to imprison the

earl of Rothes, and the lord Lindsay.

xxi. The officers of state, who were in Edinburgh, per- ceiving the magnitude of the preparations, attempted to pre- vent such an assemblage, by sending for part of the com- mittee of the tables, who were in the city, and dissuad- ing them by every argument in their power, from such a resolution. " They represented to them, that if they had followed their advice, and petitioned each class and county Council by themselves, and had they confined their complaints to the witlu-he removal of the Book of Common Prayer and the Canons, tables. there could have been little doubt of success; and having once obtained this, it would have been then an object of con- sideration, how far they should proceed in asking redress of other grievances, or in accusing the bishops ; as by asking too much, they put all to hazard, and it was not to be inv agined that his majesty would ever consent to put one of his estates under subjection to them." The committee answer,- ed, they could not rely upon any unauthorized assurances, till their complaints against these particular grievances had Their firm been listened to ; for, if their accusations against the bishops, conduct. tjle orjgjn Of a\\ their evils, and a root naturally productive of such pernicious fruits, were afterwards refused, the peo- ple must continue to groan under the worst of their oppres- sions, and the supplicants to suffer the reproach of their cre- dulity. The treasurer seeing them immovable in their pur- pose, asked what course they intended to pursue when they

CHARLES I. 447

assembled ? They ingenuously told him, they intended to BOOK give in a declinature against the bishops; " but that will ^^'

be refused," said Traquair. " Then, upon the council's 1638. refusal to do us justice, we will protest for remeid, and have immediate recourse to the king with our supplications." " But I doubt," added the treasurer, " if his majesty will receive your supplications." " We will, however, do our duty," the deputies firmly replied, " and commit the event to God, who is wise in counsel, and excellent in working, and sufficiently able to protect his own cause, and our just proceedings."

xxn. Secresy on either side was now impracticable. Tra- quair saw that his instructions were known to the supplicants, and they made no attempt at concealing their own intentions. The council was to meet on Tuesday, and a few of the com- missioners were appointed to set out early on Monday for Stirling — the rest to follow — in order to be upon the spot, and act as they saw necessary ; but both parties were now on the alert, and not a movement was made by the one, but the other was immediately acquainted with it. Traquair, who had no other expedient to prevent the meeting, than •accelerating the proclamation which forbade it, set out from Traquair Edinburgh, along with Roxburgh, on Monday morning, a proceeds to little after midnight, on purpose to have it published before the supplicants could be collected. They reached Stirling about eight o'clock in the morning, and after waiting for about two hours in vain for the arrival of a sufficient num- ber of the council, they, anticipating their authority, pro- ceeded to the cross, and issued the proclamation. This Publishes manoeuvre was of little avail ; the tables, who had discover- the Pr<*'a- ed the departure of the treasurer and privy seal, despatched lords Hume and Lindsay after them, who outrode them, and as soon as they announced the proclamation, the others were ready with a notary to protest, which they did with They pro- due solemnity ; and after the official intimation was read, af- ?est a£amst fixed their document to the market cross, a bold proceeding, repeated by them at Edinburgh, Linlithgow, and wherever the proclamation was published ; and in the public opinion, this form was sufficient to suspend the operation, or legalize resistance to the royal mandate.

448 HISTOHY OF SCOTLAND.

BOOK xxn i. The situation of Charles and Scotland at this pe VIi- riod was peculiar. The king had been guilty of the most flag- I63g rant acts of tyranny by his conduct in parliament, by the tri- al of Balmerino, by his contempt for the constitution of the country in arbitrarily enforcing the liturgy, without either act of assembly or parliament, and by his late proclama- tion, which thus deprived his subjects of their most undeni- able, necessary, but lowest right, that of petitioning, under pain of treason ; yet, he had prepared no force to support his despotic measures, he had concerted no plan for subduing disaffection, and trusted solely to the efficacy of his divine Peculiar si- right, for extorting from his people all that was dear to them thc^n^- upon earth, — their religion and liberty. The nation enter- aud of the tained still a reverence for their sovereign, and were willing to ltry* attribute his misgovernment to his advisers ; but his duplicity and evasions had already created suspicions of his since- rity ; the discontent was general, yet respectful, but it was or- ganized ; and the king had provided leaders, whose person- al injuries and affronts were not likely to render them less attached to the cause of the opposition ; these were Balme- rino, Loudon, Rothes, and Montrose. In the meanwhile the course of justice was suspended ; the baser sort began to take advantage of the anarchy, debtors refused to satisfy their creditors, and in the highlands and the north, depre- dations and murders were perpetrated openly, and went un- punished.* x

xxiv. The object of government was to disunite the sup- plicants, theirs to draw closer their bonds of connexion ; and the latter, to defeat the intrigues of the officers of state and the prelates, who endeavoured to amuse them with delusive promises, that they would intercede with the king, get the liturgy and canons abolished, and the high commission mo- Supplicants delled anew, adopted a judicious and decisive measure — the to'renew6 renewal of the national covenant. The origin of this solemn the cove- engagement may be traced to the earlier days of the Refor- mation, and it had frequently been resorted to in times of public danger, or when fears were entertained of the preva-

* Baillie's Letters, vol. i. p. 48. Spaldmg's History of the Troubles in Scotland, vol. i. p. Cl

uant.

CHARLES I. 449

lence of popery. During the administration of Arran, [vide BOOK p. 39,] it was sworn by the king and his household, and a ^11- confession of faith was annexed, in which the national eon- 1638. fession of faith, as established by several acts of parliament, was acknowledged as their only belief; the errors of the church of Rome were minutely enumerated and solemnly renounced. This confession was retained in the present re- newal; and in like form were abjured all the tyrannous laws of the papal antichrist, made upon indifferent things against Christian liberty ; his erroneous and corrupted doctrine re- specting original sin, justification, &c. ; his five bastard sa- craments, with all his rites, ceremonies, and false doctrines, added to the ministration of the true sacraments, without the word of God ; his idolatrous opinion of transubstan- tiation, his devilish mass and impious priesthood; his cano- Itsstipula- nization of saints and invocation of angels; his dedication of )MU)' churches, altars, and days ; his consecrated water and pray- ers for the dead ; his use of the cross and blasphemous li- tany ; his numerous orders of priests ; his worldly monarchy and wicked hierarchy, together with his cruel and bloody decrees made at Trent. A great number of statutes were then enumerated, which bore pointedly against the late in- novations, and were as explicit as any human acts could be in favour of the presbyterian form of church government, and mode of worship. The enumeration concludes with a fair statement of that kind of loyalty which freemen are proud to acknowledge, and which they are ever the first to defend; a loyalty not attached to the mere name or trap- pings of kingship, but steadily devoted to a constitutional monarch, whose sway is identified with that of the laws, and who acknowledges a reciprocal obligation on his part to be faithful to his trust.

xxv. This celebrated bond of union has been represented as a bond of sedition, and is believed such upon trust, by many who never perused it ; I shall quote the passage : " Like as Obligation all lieges are bound to maintain the king's royal person and authority ; the authority of parliaments, without which neither &c. any laws or lawful judicatories can be established ; and the subjects' liberties, who ought only to be governed by the king's laws, the laws of this realm alenarly, [solely] which if

VOL. in. 3 M

450 HISTORY OF SCOTLAND.

BOOK innovated or prejudged, such confusion would ensue, as this ^"' realm could be no more a free monarchy ; because, by the 1638. fundamental laws, ancient privileges, offices, and liberties of this kingdom, not only the princely authority hath been these many ages maintained, but also the people's security of their lands, livings, rights, offices, liberties, and dignities, preserv- ed." The whole closes with a declaration, implying that the articles of Perth, liturgy, and canons, were virtually renoun- ced in the confession of faith, and an obligation acknowledged to resist these innovations, to defend each other, and support the sovereign in the preservation of religion, liberty, and law. It runs thus : — " We noblemen, gentlemen, burgesses, mini- The true sters, and commons, under subscribing, considering diverse religion, times before, and especially at this time, the danger of the true, reformed religion, of the king's honour, and of the public peace of the kingdom, by the manifold innovations and evils generally contained, and particularly mentioned in our late supplications, do hereby profess, and before God, his angels, and the world, do solemnly declare, that with our whole hearts we agree and resolve, all the days of our lives, con- stantly to adhere unto, and defend the true religion, forbear- ing the practice of all novations already introduced in the matters of the worship of God, or approbation of the corrup- tions of the public government of the church, or civil places or power of churchmen, till they be tried and allowed in free assemblies, and in parliaments ; to labour by all means lawful to recover the purity and liberty of the gospel, as it was es- tablished and professed before the said novations ; and be- cause, after due examination, we plainly perceive, and un- doubtedly believe, that the innovations and evils have no warrant in the word of God, are contrary to the articles of the foresaid confessions, to the intention and meaning of the blessed reformers of religion in this land, and do sensibly tend to the re-establishment of the popish religion and ty- ranny, and to the subversion and ruin of the true, reformed religion, and of our liberties, laws, and estates ; we also de- clare that the foresaid confessions are to be interpreted, and ought to be understood of the foresaid novations and evils, no less than if every one of them had been expressed in the foresaid confessions, and that we are obliged to detest and

CHARLES I. 451

abhor them among other particular heads of papistry abjured BOOK therein ; and therefore, from the knowledge and conscience VI1- of our duty to God, our king and country, without any ~ worldly respect or inducement, so far as human infirmity will sufter, wishing a farther measure of the grace of God for this effect, we promise and swear, by the great name of the Lord our God, to continue in the profession and obe- dience of the foresaid religion ; that we shall defend the same, and resist all those contrary errors and corruptions, according to our vocation, and to the uttermost of that power that God hath put in our hands all the days of our lives ; and in like manner, with the same heart we declare before God and men, that we have no intention or desire to attempt any thing that may turn to the dishonour of God, or the diminu- tion of the king's greatness or authority ; but, on the con- trary, we promise and swear, that we shall, to the uttermost of our power, with our means and lives, stand to the defence of our dread sovereign, his person and authority, in the de- fence and preservation of the true religion, liberties, and laws of the kingdom ; as also to the mutual defence and assistance, every one of us of another, in the same cause of maintaining And «»<* the true religion, and his majesty's authority, with our best ° counsel, our bodies, means, and whole power, against all sorts of persons whatsoever; so that whatsoever shall be done to the least of us, shall be taken as done to us all in general, and to every one of us in particular ; and that we shall neither directly, or indirectly, suffer ourselves to be divided or withdrawn from this blessed and loyal conjunction, nor shall cast in any let or impediment that may stay or hin- der any such resolution, as by common consent shall be found to conduce for so good ends; but on the contrary shall, by all lawful means, labour to further and promove the same ; and And to re- if any such dangerous or divisive motion be made to us, by ^*in word or writ, we, and every one of us, shall either suppress it, or, if need be, shall incontinent make the same known, that it may be timeously obviated ; neither do we fear the foul aspersions of rebellion, combination, or what else our adversaries, from their craft and malice, would put on us, seeing what we do is so well warranted, and ariseth from an unfeigned desire to maintain the true worship of God, the

4-52

HISTORY OF SCOTLAND.

Reflec- tions.

BOOK majesty of our king, and the peace of the kingdom, for the

common happiness of ourselves and our posterity."* 1638. xxvi. This bond, which was only reverting to the princi- ples recognised at the reformation, and restoring the con- stitution then established, was represented by its enemies as an illegal compact against the king, as a bond of resistance to his just authority, and a treasonable association against the state. Were subjects only fettered by the ties of mo- ral honesty ; were their oaths of allegiance only binding while kings were to consider their coronation obligations as unmeaning forms ; were all usurpations on the part of power to be patiently endured, and every attempt on the part of the people to keep or to regain their rights to be deprecat- ed, then the national covenant was a bond of sedition ; but if, when every avenue to the royal ear is shut against the complaints of a whole people, if the right to petition be denied, and the very act of assembling to petition be treated as high treason, by proclamation and the instructions of the crown alone ; if, in these circumstances, it be the natu- ral duty of a people to pray the dismissal of obnoxious mi- nisters, who give such treasonable advice, and when refused a hearing, to reiterate their supplications and to remain to- gether till they command attention, then the principles of that covenant are in consonance with what has ever been re- cognised as the basis of rational freedom in limited monarch- ies. On the abstract question there can be neither doubt nor hesitation. When a king wantonly tramples upon all his subjects hold sacred, he himself breaks the bond of alle- giance, and they have a right, if they have the power, to unite and reclaim what has been tyrannically torn from them. The legality, with regard to form, is all that can be urged against the national covenant ; and the best lawyers

• The original copy of the covenant, subscribed at Edinburgh, was written on a very large skin of parchment, of the length of four feet, and depth of three feet, eight inches, and is so crowded with names on both sides, that there is not the smallest space left for more ; and it appears that when there was but little room left to sign on, the subscriptions were shortened, by only inserting the initial letters of the covenanters' names, which the margin and other parts are so full of, and the subscriptions so very close, that it were a dif- ficult task to number them — Maitland's Hist, of Edinb. p. 86.

CHARLES I. 453

of the day, and even Hope, the king's advocate, pronounced BOOK the proceedings of the covenanters legal. They had prece- dents, acts of parliament, and the repeated sanction of royal- 163g ty for such associations; and their obligations to obey the king, and defend his person, are as explicitly stated as any other obligation in the covenant. It is true this is linked with the preservation of religion, liberty, and law, but what other obedience would any upright prince require ? Should they have pledged their support to the monarch in opposi- tion to all these ?

xxvn. To this much vilified bond every Scottishman ought to look with as great reverence as Englishmen do to the Magna Charta. It was what saved the country from absolute despotism, and to it we may trace back the origin of all the successful efforts made by the inhabitants of Bri- tain in defence of their freedom, during the succeeding reigns of the Stuarts. There were, however, some who, though friendly to the purport of the bond, were scrupulous about signing it, as they had been forced to take the oath of conformity prescribed by the prelates ; others were not Objection* absolutely convinced of the unlawfulness of the Perth arti- a&amst u cles ; a few, whom custom had reconciled to the episcopal form, hesitated about swearing to continue in the doctrine and discipline of the presbyterian church all the days of their lives ; and among the nobility, and those who had stu- died under Dr. Cameron in Glasgow university, several had imbibed the doctrines of passive obedience ; but as these objections arose chiefly from men who were friendly to the removed, main object, explanations and concessions were made, and their scruples silenced by the innovations being left as a mat- ter of forbearance till settled by the first free general assem- bly ; and the authority of the king allowed in the fullest ex- tent he had ever by law enjoyed, being declared the true meaning of that section of the oath.* After much discussion

* It is curious to observe the shifts of casuistry, even in good men, when they wish to get over a difficulty. To some who objected that the bond limits the maintenance of the king's authority, to the defence of the true religion, laws, and liberties of the kingdom, it was replied : — " We swear to maintain him in that case, ' ergo, we are bound to maintain him in no other case.' It is an evident non seyuitur. Professing to maintain the king's authority in the

454 HISTORY OF SCOTLAND.

BOOK among the nobility and principal leaders among the mini J_*~ sters, the covenant was universally agreed to. The authors 1638. of this memorable deed were Alexander Henderson, the It is agreed jea(jjng man among tne ministers, and Archibald Johnston, afterward lord Warriston, an advocate high in their confi- dence. It was revised by Balmerino, Rothes, and Loudon submitted to the correction of the principal ministers during its progress, and finally approved of by the tables.

xxvm. The supplicants who had repaired in crowds t Edinburgh, to an extraordinary meeting proclaimed by tin tables, were prepared by the exhortations of the ministers and the duty of renewing their national covenant — the bread of which had occasioned such woful confusion — was strenu- ously inculcated. The people, who had heard of the deligh with which their fathers had engaged in this work, and thei lamentations for the national defection from so sacred an ob ligation, listened with pleasure to the proposal of their alsi entering into a similar engagement. A solemn fast was ap pointed, and on the 1st of March, 1638, the supplicants as sembled in the Grey Friars' church. The covenant was firs read in their hearing ; then the earl of Loudon, whose man ner was peculiarly impressive, addressed them, dwelt upor the importance of this bond of union, and exhorted the as- sembled multitude to zeal and perseverance in the good cause. Henderson, at the close, poured forth an impassioned pray- Subscribed er for a blessing ; after which, the nobles stepped forward to *" edhi°.rn tne table, subscribed, and with uplifted hands, swore to the burgh. observance of the important duties required in the bond; after them, the gentry, ministers, and thousands of every rank, age, and sex, subscribed and swore ; the enthusiasm was universal, every face beamed with joy, and the city pre- sented one scene of devout congratulation and rapture. " Be- hold !" says one of the presbyterian writers, " the nobility, the barons, the burgesses, the ministers, the commons of all sorts in Scotland, all in tears for their breach of covenant, and for their backsliding and defection from the Lord, and, at the same time, returning with great joy unto their God,

preservation of religion and laws, does not hinder us to maintain his authority in sundry other cases." — Baillie.

iC

02

CHARLES I.

by swearing cheerfully and willingly to be the Lord's. It BOOK may well be said of this day : — Great was the day of Jezreel. Vil< It was a day wherein the arm of the Lord was revealed ; a less. day wherein the princes of the people were assembled to swear fealty and allegiance to that great king, whose name is the Lord of Hosts." The prelates were thunderstruck preiates at the explosion, and the archbishop of St. Andrews, who confounded saw at once the demolition of the fabric he and they had la- * boured so long and by such unjustifiable methods to build up, exclaimed in despair : — " Now all that we have been do- ing these thirty years past is at once thrown down !"

xxix. Copies were immediately transmitted by the depu- Sent tn the ties to their several presbyteries, accompanied with a paper 8eve™1 entitled : — The lawfulness of the subscription to the Con- ries. fession of Faith, 1638 ; and commissioners were sent to the west and north, where the only opposition was expected ; for some of the doctors in Glasgow college taught the court* ly principles of non-resistance, and a majority had complied with the innovations authorized by the articles of Perth. All the professors in the colleges of Aberdeen were advo- cates for prelacy and passive obedience, besides being un- der the influence of Huntly ; but the presbytery of Glasgow Aberdeen hailed the approach of the covenant, and Aberdeen stood alone " as a dreary spot in a land of light." Everywhere else a zeal, unfelt since the first days of the reformation, animated the people, and in every parish the covenant was embraced upon Sabbath, with equal fervour, and the same de- monstrations of delight that had resounded in the capital. The excitement spread to the most remote districts, Mo- ray, Inverness, Ross-shire, and Caithness, emulated the southern parts of the kingdom ; and in the space of two months, almost all Scotland had submitted, except the cour- tiers and their retainers, the papists, the prelates, and their dependants. The nation was now divided into two parties — an overwhelming majority of covenanters, and an astonished, disheartened minority of non-covenanters. The Nation di. former acquired courage by ascertaining the number and vidcs* unanimity of their adherents, the latter were surprised and terrified at the unexpected discovery of their own weakness.

xxx. Alarmed at the threatening appearances of deter-

456

HISTORY OF SCOTLAND.

BOOK VII.

1638.

Council meets at Stirling.

Recom- mends le- nient mea- »ures.

mined opposition displayed by the protestations against the royal proclamations, the privy council appointed a full meet- ing to be held at Stirling, to consider the state of the coun- try, investigate the causes of the impending crisis, and to transmit to court such information as might guide his ma- jesty's councils ; and all the ecclesiastical members in parti- cular, were enjoined to attend. The day was inauspicious; when thousands were flocking to the Grey Friars' church in Edinburgh, to affix their signatures to a bond of unity, the council assembled, in the almost deserted town of Stir- ling, to deliberate, — but without any of their clerical coadju tors, except the bishop of Brechin, who left them on the third day, — and without any definite project, to meet the exi gences of the times. After four days' deliberation, they agreed to send sir John Hamilton of Orbiston, lord justice clerk, to London. Besides some complaints against the chancellor and other bishops, for non-attendance upon the set day, he was instructed to inform his majesty, that it was the unanimous opinion of the members of the council who had assembled, that the causes of the general combustions in the country, were the fears apprehended of innovations in religion and in the discipline of the kirk, and of their intro- duction contrary to, and without warrant of the laws of the kingdom ; to represent the expedience of his majesty's de- claring that he would inquire into the nature and causes o his subjects' grievances ; and in the mean time, not press up- on them any of these practices of which they complained; to request, that if he approved of their recommendation, he would be pleased to call up, or allow the board to send such of the council as were thought fit for advising how it might be carried into execution ; but if it were not approved of, that his majesty would not determine upon any other course of procedure, without some of their number being allowed to state before him, the reasons for the opinion they had gi ven ; in which case, those who were of opposite sentiments, should also be called upon to state the grounds of their counsel, and the whole subject be fully debated in his pre- sence ; and finally, he was to inform his majesty, that hav- ing used every means in their power for dispersing the meet- ings which were regularly held, they find they can do no-

CHARLES T. 457

thing further, till his majesty's pleasure be returned to their BOOK humble remonstrance.

xxxi. The instructions were signed by the whole lay 1638. lords of council, and afterward transmitted to the lords spi- ritual, who returned them with the signatures of the chan- cellor, and the bishops of Edinburgh, Dunblane, Galloway, and Brechin. The earls of Traquair and Roxburgh, se- conded the instructions of the council in a private letter, ad- dressed to the king, confirming their statements of the uni- versally' perturbed situation of the kingdom, and their inabi- lity to allay the commotion, but recommending a deceitful, crooked policy. They advised his majesty, as religion was Traquair pretended to be the cause of all the combustion, to dissipate burgh's in- the fears of his subjects for the time with regard to it, by sidkrns ad- which, they thought, the wiser sort would be satisfied ; and

add, " So [will] your majesty be enabled, with less pain or

trouble, to overtake the insolencies of any who shall be found

to have kicked against authority." A letter was also sent by

the council to the marquis of Hamilton, entreating him to

take into his most serious consideration the important busi-

ness with which the justice clerk was intrusted, as the peace

of the country was never in so great hazard ; and use his

interest with the king, to bring these great and fearful ills

to a happy event. Lord Lorn, eldest son of the earl of Ar-

gyle, and the earls of Traquair and Roxburgh, were soon

after invited to court by the king, to assist in the delibera- to court.

tions respecting Scotland ; and they were quickly followed

by the lord president, lord register, and the bishops of Ross,

Brechin, and Galloway. The nobles concurred in propos-

ing soothing remedies, Lorn spoke freely, and recommend-

ed the entire abolition of the hated innovations ; Traquair ^Jemdjf

was for temporizing ; but the bishops of Ross and Brechin 8Ures re-

urged to strong measures, and are said to have suggested a ™

scheme for raising an army in the north, sufficient to assert

the majesty of the crown, and correct the insolence of the

covenanters.

xxxii. Charles hesitated, and while he did so, rumours reached Scotland, that he intended again to attempt divid- ing the supplicants. To prevent any such attempt, by de-

VOL. in. 3 N

458 HISTORY OF SCOTLAND.

BOOK monstrating its hopelessness, a paper, containing eight avti- ^^' cles for the present peace of the kirk and kingdom of Scot- | 1638. land, signed by the earls of Rothes, Cassillis, and Montrose, was sent to all the Scottish nobility who were in London. Supplicants In it their original demands were repeated, but the recalling their^e-11 °^ tne service-book and the canons, were not now to be con- sidered as a perfect cure for the present evils, nor a safe- guard for the future. They demanded to be delivered from the court of high commission, as from a yoke and burden which they felt to be far more heavy than they should ever be able to bear. They required that the articles of Perth, which, for twenty years had produced only divisions in the church, troubles in the kingdom, and jealousies between his majesty and his subjects, without any spiritual profit or edi- fication, should not be enforced. Ministers were not to be allowed to sit and vote in parliament, except under the cave- ats formerly enacted. Unlawful oaths, which only exclude worthy, conscientious, and qualified persons from the minis- try, while they open a door to others, who, for base objects, are willing to subscribe them, were desired to be abolished. Lawful assemblies of the church were required to be reviv- ed, and regularly held ; and a free parliament assembled, to redress the grievances, and remove the fears of the nation, by renewing and establishing such laws, as might prevent the recurrence of the one, or tend to recall the other, which, if granted, the public mind, now so agitated, might be easily pacified. Nor would it be possible, they added, as a con- cluding argument, to express what gratification compliance would afford ; all their tongues and pens would not then be able to represent what would be the joyful acclamations and hearty wishes of so loyal and loving a people for his majesty's happiness, nor how heartily bent all sorts would be found to bestow their fortunes and lives on his majesty's service.

xxxin. While the bishops were either absent from fear,

Presbyte- or at court, several of the presbyteries ventured to exercise

their priri- tne^r ^ong l°st privileges of ordaining ministers, without the

leges. presence or consent of the bishops. All of them removed

their constant moderators, and the suspended ministers re-

CHARLES I. 459

turned to their charges, which the intruders, knowing the BOOK aversion of the people, and dreading their vengeance, had VII> left vacant. 1638.

xxxiv. It was not to be expected, during a time when the administration of justice was stopped, the courts shut, the judges and principal officers of state at London, and the whole country in a ferment, that no irregularities should occur, in such a promiscuous multitude as the covenanters ; neither is it to be wondered at that they did. The rabble, in seve- Outrages ral instances, maltreated the clergymen who had been forci- of the low- bly thrust into charges from which popular ministers had been ejected, or who laboured under any violent suspicion of being favourable to popery. Mr. John Lindsay, the con- stant moderator of the presbytery of Lanark, was severely handled ; Dr. Ogston of Collington, who used to cause the people answer his examination before the sacrament on their knees, and besides, lay under an imputation of having spo- ken favourably of the virgin Mary, was also attacked ; and Mr. Hannah, the minister of Torphichen, who had been in- truded sorely against the inclination of the parishioners, in place of Mr. Livingston, who was deprived, received some rude marks of disapprobation from the malecontents of his parish. The more judicious of the covenanters lamented, but could not always prevent these outrages ; yet, wherever they could, they interfered. The ministers inveighed against Condemn- them as hurting the cause, and bringing a reproach upon ministers, the whole body, and the magistrates who were friendly, ex- &c. erted themselves strenuously to preserve the peace.

xxxv. Representations of these occurrences were imme- diately despatched to London, as a counterpart to the com- plaints of the presbyterians, and to inflame the mind of his majesty against them. They produced, however, no present effect, as the king had previously resolved to send a high commissioner to Scotland, and intrust him with the delicate task of composing the tumults, without compromising the dignity of the crown. For this purpose the marquis of Ha- Marquis

milton was made choice of, as being unconnected with either Hamilton • f 1 1 • i i i • appointed

party, of extensive influence from his wealth and connexions, commis-

conciliatory in his manners, and regarded rather favourably Sloncr- by the covenanters, although his father had carried the ar-

460 HISTORY OF SCOTLAND.

BOOK tides of Perth through parliament. When he had with dif- ficulty been prevailed upon to accept of the arduous envied 1638. appointment, the Scottish bishops, and the archbishop of Canterbury were called to a cabinet meeting, and introduced to his lordship, as the high commissioner his majesty intend- ed to despatch to Scotland. The marquis desired to know what the bishops expected him to be able to effect. They answered, the peace of the country, and the good of the church. For this, he said, their assistance would be requir- ed at their posts, to reclaim such of the ministry as had once conformed. But they replied their influence was gone, and they could not return to Scotland without danger ; they therefore wished to be permitted for the present to remain in London. Laud strongly opposed this, and the marquis having promised to protect them as far as in his power, they were constrained to comply. The king, at the same time, urged upon them the necessity of residing each on his own diocess, and by their attention, endeavouring to engage the af- fections of the people, and subdue their aversion to the epis- copalian form of the church, which, however modified to ob- tain present tranquillity, he had no intention to relinquish. On the 10th May, the king acquainted the Scottish privy council with his commission to Hamilton, and ordered all the members to assemble at Dalkeith, June 6th, to receive him. The marquis himself wrote to the chief nobility and gentry, to meet him at Haddington on the day before, and accompany him to the place where he was to enter upon office.

xxxvi. At length the commissioner left London, nearly three months after the covenant had been signed, and the authority of the tables acknowledged throughout the coun- His in- try ; yet he carried with him instructions to insist upon the structions. relinquishment of this bond, and the disunion of the sub- scribers, as preliminary to any concessions on the part of the crown. Spots wood had in vain attempted to persuade his majesty not to require the nation's publicly renouncing what they had so lately sworn to observe, but the king was inflexible ; he would hear of no compromise, and declared, " that as long as that covenant was not passed from, he had no more power than the duke of Venice."

CHARLES I. 461

xxxvn. Hamilton was met at Berwick by the earl of BOOK Roxburgh, who informed him of the agitated state of the ^H- country, and the impossibility of quieting it without the 163g> most ample concessions. Instead of being welcomed at Haddington by a large concourse of the nobility and gen- try, he was waited upon by the earl of Lauderdale and lord Lindsay, with an apology. The nature of his commission had transpired, and the leaders — who suspected attempts would be made, either by allurements or terror, to induce part to rest satisfied with the concessions, and dreaded that if they separated, the train of the commissioner, swelled by the accession of their friends, would have an imposing appearance, whilst their own diminished body would give His cold some plausibility to the representations of their enemies, reception that they were few in number, and contemptible in rank — after mature deliberation determined, that it would be im- proper for adherents of the public cause, either to attend upon the commissioner, or such nobles as had not subscrib- ed the covenant, lest this should serve to confirm the false impressions they might have received, of the lukewarmness, or want of constancy in any of the covenanters ; and so im- plicitly were the injunctions of the tables revered, that not even his own vassals in Clydesdale would venture to infringe them. His grace arrived, disappointed and chagrined, at Dalkeith ; but a second deputation, at the head of which was Rothes, being sent to congratulate him on his arrival, the plausible excuses, aided by the insinuating manners of the earl, tended greatly to efface the ill humour occasioned by the apparent neglect. An incident which occurred a few days before, and had very nearly raised a tumult, had also some influence in exciting suspicions respecting the mis- sion of the marquis, and determining him at first not to en- ter the capital.

xxxviii. Upon a representation made at court, that the no- blemen had provided their houses with arms and ammunition, while the king's castles were almost destitute, the treasurer employed a vessel to convey to Leith a quantity of military Arrival of

stores. She had scarcely anchored in the roads, when an milit»ry . •.. , i . stores at

alarm was immediately given, and her arrival at the time Leith.

that the commissioner was just expected, gave rise to a

462 HISTORY OF SCOTLAND.

BOOK number of distracting reports. It was the sole subject of ^**' conversation in the town, and so apprehensive were the in- 1638. habitants of the measures of government, that it was propos- ed to proceed and seize the vessel. Traquair, however, suspecting some sinister design, ordered the whole to be privately transported to Dalkeith. The tables, when they understood this, summoned the captain of the vessel before them, when he underwent several examinations, and the zeal of the people was marked by a circumstance which mus have effectually secured the wavering attachment of many doubtful character ; the captain's answers at first wer haughty, but as soon as his contumacy was known, all hi bonds were immediately presented by his creditors, and pay ment demanded, on which he subscribed the covenant with out delay, and a number of friends then stepped forward, am saved his tottering credit.

xxxix. Traquair, who was accused, by report, of a ridi culous plot to blow up the tables when they should assembl at Dalkeith, easily exculpated himself from so foolish charge, but acknowledged that he had advised the supply ing of Edinburgh castle ; only on being warned by some no blemen and gentlemen, that a determination was formed t seize the cargo if carried thither, he thought it more advisa ble to send it to Dalkeith, in order to avoid giving occasioi for any riot that might widen the breach, or present nev obstacles to a reconciliation. The treasurer's explanatioi was not altogether satisfactory to the violent among th< citizens, who insisted upon marching instantly to Dalkeith and seizing the stores. More moderate, but not less decisiv Covenant- measures were adopted ; the castle was blockaded, anc ade the " guards set upon the gates of the city, by which all supplie castle. were cut off from the fortress ; and in this state almost o siege, was the metropolis placed, when the king's high com missioner arrived in the neighbourhood.

XL. Scarcely was the privy council less divided than th< kingdom ; the majority were in favour of the covenanters and the illegality of the king's projects and measures was so flagrant, that his own advocate could not defend their at the council board. Hamilton, who had intermeddlec little with Scottish affairs, was involved in the utmost per

CHARLES. I. 463

plexity. He found an opposition which it was impossible BOOK to break or bend, and for meeting which his instructions VI1> were wholly inadequate. He immediately acquainted the ]638 king with the unpromising appearance of the country, and Hamilton's the hopelessness of his mission ; informed him that twenty- ^n*™ three thousand men were in arms near the capital, and advised him secretly to advance his military preparations, as he saw no prospect of reducing the rebels but by force, or acceding entirely to their demands. In the meanwhile, from the disposition of the people, he found it would be , imprudent to follow that part of his instructions, requir- His advice ing the renunciation of the covenant. He added, if his to the king> majesty meant to follow his first alternative, and enforce obedience, he should instantly despatch his fleet with two thousand land soldiers, and send down arms for the north- ern counties ; garrison Berwick with fifteen hundred, and Carlisle with five hundred men, and resolve himself to follow with an army ; but suggested how far in his wisdom it might not be proper, rather in mercy, to connive at the folly of his poor people, than in justice to punish their madness.

XLI. After the council broke up at Dalkeith, the commis- sioner received addresses, inviting him to reside in Holyrood- house ; but he declined entering a town, the gates of which were guarded, and whose castle was beset with armed men. This difficulty, however, was surmounted chiefly by means of the lord Lorn, who procured the dismissal of the pub- lic watch, and persuaded the covenanters to receive him with every mark of distinction they could have shown to royalty itself. The arrangements for his public entry were upon the most extensive scale, calculated to exhibit in im- posing array the strength of the covenanters. An immense number of nobility, gentry, and commoners, from all the dif- ferent shires, lined the road leading to Leith ; upwards of five hundred ministers in their black cloaks, were stationed His recep. by themselves on a conspicuous eminence in the links, and ^"rV^* the magistrates and inhabitants of Edinburgh waited to re- ceive him at the Watergate. A promiscuous crowd of wo- men, children, and stragglers, increased the show, and the congregated multitude was, by a loose calculation, estimated

464 HISTORY OF SCOTLAND.

BOOK at about sixty thousand, a greater number of people than the nation had seen collected in the city during more than a 1638. century.* Wherever he appeared, the commissioner heard, on every side, earnest and loud prayers for the preservation of the liberties and religion of the country, which moved him even to tears ; and he expressed his earnest wish, that king Charles himself had been a witness of the scene. He declined, however, to listen to harangues which the ministers had prepared to deliver as he passed, and politely apologizec to Mr. William Livingston, " the strongest in voice and au- sterest in countenance of the whole," who had been appoint ed to pronounce the introductory oration, for not stopping in his progress ; " the honour of such addresses being," he said, " more adapted to the rank of a prince, than suitable for the station of a subject."

XLII. His grace's courteous manners and winning address gained upon the covenanters, and for some days there was the greatest show of cordiality. At his request, the mul- titude were dismissed, and frequent conferences took place between him and the leading commissioners who remain

His confer. e(j. Jn these he used all his art. by flattering: promises

ences with .

the coven- to gain at least some of them over to his purpose, and thej

anters. endeavoured to draw from him some explicit declaration in favour of their demands ; but neither were successful The commissioner, in the course of their discussions, ob served, that all the laws for forty years back, were agains the covenanters. The others replied, they were foundec Upon the ruins of the reforming laws ; had been obtained b cunning and violence, in opposition to the wishes of the na tion ; were destructive to religion, subversive of liberty, anc the chief causes of their complaints. He, at another time offered in the king's name, to refrain from pressing the ca- nons and liturgy, unless in a legal manner, and remove what ever was objectionable in the high commission court, by the assistance of his council, but required the surrender o

They re- fae covenant as a preliminary. This proposition was Us-

(use tosur- ,. , . i '• • i i

render the teneu to with disdain, and the universal declaration was, thai covenant, j^gy wou](j as soon renOunce their baptism as the covenant

* Bin-net's Memoirs, p. 54. Baillie's Letters, pp. 60, 61.

CHARLES I. 463

XLIII. The deputies, perceiving that the powers of Ha- BOOK milton were exceedingly limited, presented as their ultima- ^U-

turn, a supplication for a free general assembly, and for a 1638. parliament to ratify their enactments : and as a stimulus to P".8611' .

. . J . , , their ulti-

the commissioner, circulated privately a paper, intended as matum. a demi-official statement of their demands, and containing pretty intelligible hints of their determination in case of a re- fusal. Their grievances were declared co-extensive with the kingdom, so must their remedy be; and this a free general assembly and parliament were only able to effect and secure ; and at the close, two portentous queries were started, " If delay were used, it was desired, that advice might be sought concerning the power of calling a general assembly, how they should in the mean time behave with respect to contro- verted points, and that some lawful course might be thought upon, how justice might have free course, and frauds be pre- vented ? And if violence were used for enforcing obedience, that a committee should be chosen to consider what was fit and lawful to be done, for the defence of their religion, laws, and liberties ?" They were probably induced to adopt this resolute mode of proceeding, and to follow it up by steps equally firm, in consequence of some of the commissioners appearing inclined to admit an alteration in the covenant.

XLIV. The marquis, whose object now was to gain time, promised an answer in a few days ; and to sooth the appli- cants in the interval, attended the sermons, and held private interviews with Mr. Alexander Henderson ; but when the set time arrived, they found that he was restricted by the king's declaration, which he proposed to proclaim. This He propose* they considered as a mockery, and plainly told him, if he l° publish

i i • u u * e king s

persisted in publishing that proclamation, they would meet declaration, it by a protest, assigning as their reasons, their determination to preserve their right of being heard ; which if they did not exercise, they would appear to condemn all former protesta- tions, and weaken the adherence of numbers to their cause, besides allowing to proclamations, the force of laws, by ac- cepting as a royal favour, remedies which could only be le- gally granted by act of parliament. A protestation, too, was a dutiful forewarning of the king and his commissioner of their desires, and the lawful remedies required; of thebene- VOL. in. 3 o

466 HISTORY OF SCOTLAND.

BOOK fits of granting, and the hurtful consequences which might arise from refusing them ; a vindication of their conduct to 1638. foreign nations ; a legal introduction to lawful defence, and termer e" a necessary preface to any future declaration which necessity protest. might wring from them. Above all, it was a public way of thanking his majesty for his public favour in the concessions he had made ; and as they declined the authority of the council till the bishops were removed, and were not satisfied with the declaration of the commissioner, it was necessary to preserve their recourse and immediate address to his majesty himself, by new supplications and remonstrances. These reasons had no weight with Hamilton ; he told them he was resolved to see his royal master obeyed, that he would attend himself, and support the heralds in the discharge of their duty, and whoever dared to protest, he would denounce them rebels.

XLV. The covenanters, thus apprized, were on the alert ; and when, in two days after, they perceived preparations making at the cross for publishing the declaration, they caused a scaffold to be erected for the protesters ; and in an incon- ceivably short space, a numerous guard of gentlemen, and of the chief burgesses, collected to secure them against any sudden attack. The determined front of the assemblage in- formed the commissioner, that it would be his most prudent plan to delay the promulgation of the royal edict. He therefore ordered the heralds to retire, abandoned the de- sign for the present, and once more resorted to conciliatory overtures. He intimated that their request for a free par- liament and assembly should be granted, only he required His concili- to be satisfied that the clause in the covenant for mutual de- atory over- fence did not authorize resistance to his lawful authority.

tures. .

The objection was by some deemed vexatious, and intended merely to create delay and discussion ; but in order to avoid even a shadow of misrepresentation, they agreed to an ex- planation, full, clear, and impressive. " They declared be- fore God and men, that they were heartily grieved and sor- ry that any good man, and, most of all, their sovereign, should entertain such misconceptions respecting their pro- ceedings ; that they were so far from the thought of with- drawing themselves from their dutiful subjection and obedi-

, CHARLES I. 467

ence to his majesty's government, that they had no intention BOOK or desire to attempt any thing that might tend tothedishon- ^- our of God, or to the diminution of the king's greatness and 1638. authority : but, on the contrary, they acknowledge their Declara-

, .7. -, , , tionof the

quietness, stability, and happiness, depended upon the safety covenant- of the king's majesty, as upon God's vicegerent, set over ers> them for maintenance of religion and administration of jus- tice; that they had solemnly engaged not only their mutual concurrence and assistance for the cause of religion, but also to the utmost of their power, with their means and lives, to stand to the defence of their dread sovereign, his person and authority, as well as the preservation and defence of true re- ligion, laws, and liberties of the kingdom ; and they did most humbly beseech his grace to esteem their confession of faith and covenant to have been intended, and to be the largest testimony they could give of their fidelity to God, and loyalty to their king ; and that hindrance being remov- ed, they do again supplicate for a free assembly and parlia- ment to redress all their grievances, settle the peace of the church and kingdom, and procure that cheerful obedience which ought to be rendered to his majesty, carrying with it the offer of their fortunes, and best endeavours for his ma- jesty's honour and happiness, and a real testimony of their thankfulness."

XLVJ. Such an explanation, it might have been expected, should have proved entirely satisfactory, and it would so, had the objection been sincere; but the commissioner alleged his apprehensions, that it would not fully content the king, as his powers did not enable him to gratify them. He there- Hepropos- fore proposed to proceed to court, to communicate personally es to8? to to his majesty the information he had collected in Scotland, further in- and obtain fuller instructions, and more ample powers ; to 8trnctions- which the deputies assented, and it was mutually stipulated that no alteration should take place till his return.

XLVII. Matters thus settled, the covenanters, relying upon the immediate departure of the marquis, separated and re- turned home ; but he did not intend to leave the country without first publishing the king's declaration. On Saturday, June 30, 1638, he went to the cross, and a number who still Hi* deceit, lingered about town, assembled at the first rumour of a pro- fulcondurt-

468 HISTORY OF SCOTLAND.

BOOK clamation, and came prepared to protest. This he had ex- VII- pected, and, to their agreeable disappointment, they found that it was to announce the return of the courts of justice to Edinburgh. Next day he set out apparently upon his jour- ney, and proceeded the length of Tranent, where he heard sermon ; whence returning unexpectedly, he caused the pro- Clandes- clamation be published at the cross of Edinburgh, expecting, lishes the by his previous manoeuvre, to have lulled suspicion, and pre- declara- vented interruption. He was met, however, by a protest from the vigilant tables ; and unless the nobles, whose ab- The tables sence he had reckoned on, had interfered, a serious riot protest- might have ensued, in consequence of the indiscreet zeal of some of the prelates, who, from an obscure, adjoining win- dow, upbraided the readers of the protest as rebels.

XLVIII. From the moment Hamilton entered Scotland, he seems to have been aware of the combustible materials by which he was surrounded, and does not appear to have con- cealed the extent of the danger from the king; but the child- ish obstinacy of Charles, and the false ideas he entertained of honour, prevented him from yielding to the reasonable desires of his subjects, and led him to embrace a line of conduct, at once mean, false, and deceitful. It is perfectly evident that whatever concessions he authorized his com- missioner to make, from the first he never intended to ob- serve them ; and this is not the suspicions of his enemies, his own letters bear testimony to his insincerity. In his first despatch to Hamilton he speaks plainly : — " Though I answered not yours of the 4th, yet I assure you I have not been idle, so that I hope by the next week I shall send you some good assurance of the advancing of our preparations. This I say not to make you precipitate any thing — for I like of all you have hitherto done, and even of that which I find you mind to do — but to show you that I mean to stick to my grounds, and that I expect not any thing can re- duce that people to their obedience but only force." " As for the dividing of my declaration, I find it most fit — in Duplicity that way you have resolved it — to which I shall add, that I "ng' am content to forbear the latter part thereof, until you hear my fleet hath set sail for Scotland. In the mean time, your care must be how to dissolve the multitude, and if it be pos-

CHARLES I. 469

sible, obtain possession of my castles of Edinburgh and Stir- BOOK ling, which I do not expect. And to this end I give you leave to flatter them with what hopes you please, so that 1638. you engage not me against my grounds — and in particular, that you consent neither to the calling of parliament nor ge- neral assembly, until the covenant be disavowed and given up — your chief end being now to win time, that they may not commit public follies, until I be ready to suppress them ; and since it is, as you well observe, my own people which by this means will be for a time ruined, so that the loss must be inevitably mine ; and this if I could eschew — were it not with a greater — were well ; but when I consider, not only now my crown, but my reputation for ever lies at stake, I must rather suffer the first, that time will help, than this last, which is irreparable. This I have written to no other end than to show you, I will rather die than yield to these impertinent and damnable demands, as you rightly call them ; for it is all one as to yield to be no king in a very short time." In a postscript he adds ; — " As af- fairs are now, I do not expect that you should declare the adherents to the covenant, traitors, until you have heard from me, that my fleet hath set sail for Scotland. In a word, gain time by all the honest means you can, without forsak- ing your grounds."

XLIX. When the multitudes began to disperse, and the commissioner had some hope of an amicable adjustment, he wrote Charles to suspend his warlike preparations. The Hamilton answer, June 13th, is insidious, and demonstrates how un- guJ1^;^6 safe it would have been to have placed the smallest reliance of warlike on any agreement with the king, without some open, legal Jfo^ra guard, against his duplicity and revenge.* " I shall," says he, " take your advice in staying the public preparations for force ; but, in a silent way — by your leave — I will not leave to prepare, that I may be ready upon the least advertise- ment. Now I hope there may be a possibility of securing The king'* my castles, but I confess it must be done closely and cun- ningly." Then follows a direction for the marquis to obtain — he does not say by what means — an opinion from the law-

• Burnet's Memoirs, p. 57.

470

HISTORY OF SCOTLAND.

BOOK VII.

1638.

Hamilton recom- mends an accommo- dation.

Charles persists in using force

yers that the covenant was illegal, which would have laid the! subscribers at his feet ; and the use he would have made of] his power may be fairly inferred from his treatment of Bal- merino. " One of the chief things you are to labour now is, to get a considerable number of sessioners and advocates to give their opinion, that the covenant is at least against law, if not treasonable." The favourable appearances, however, growing less encouraging, Hamilon, who strictly adhered to the will of his master, requested a warrant from Charles to bring back the court of session to the capital ; because se- veral of the covenanters being involved in their circum- stances, he hoped, by means of the suits that would be rais- ed against them, to drive away some of the most trouble- some ; but chiefly the settling of the court again in Edin- burgh, looked like a resolution of going on with a treaty, ol which it was fit they should be persuaded, till the king were in a good posture for reducing them.

L. Toward the close of the month, Hamilton, who saw no hope of prevailing with the college of justice, judges, or law- yers, to pronounce the covenant either seditious or treason- able ; that almost all the privy council favoured it, and that the nation were nearly unanimous, represented to his majesty ; — that if he would admit of the explanation given by the cove- nanters, every thing might be settled without more trouble, either to the king or country ; but otherwise, it must terminate in blood. He desired his majesty to consider well before he adopted the alternative, and if he unhappily chose war, t( see that his preparations were complete before he hazardec a rupture, lest, if the others had the start, all his faithful ser- vants in Scotland would be ruined ere he could come to theii rescue ; reminded him of the discontents in England, and th strong probability that the disaffected there would join th Scots, whose resolution he understood it was, on the fi signal, to march into that country, and make it the seat war. Charles' reply marks the value he set upon the peac of the country or the blood of his subjects, when placed ii opposition to the gratification of his despotic temper. " My train of artillery, consisting of forty piece of ordnance, with the apurtenances, all Drakes — half and more of which are to be drawn with one or two horses apiece — is in good forward

CHARLES I. 471

ness, and I hope will be ready within six weeks ; fot I am BOOK sure there wants neither money nor materials to do it with. ^11- 1 have taken as good order as I can for the present for se- i63rf. curing of Carlisle and Berwick ; but of this you shall have more certainty by my next. I have sent for arms to Hol- land, for fourteen thousand foot, and two thousand horse ; for my ships they are ready, and I have given order to send three for the coast of Ireland immediately, under pretence to defend our fishermen. Last of all, which is, indeed, most . of all, I have consulted with the treasurer and chancellor of the exchequer for money for this year's expedition, which I estimate at two hundred thousand pounds sterling, which they doubt not but to furnish me. More I have done, but these are the chief heads." After asking Hamilton's advice about the number of men necessary to be sent with the fleet to the Forth, about seizing and fortifying Leith, and ren- dering the guns in the castle unserviceable, he adds : — "Thus you may see that I intend not to yield to the demands of these traitors, the covenanters."

LI. The marquis, still averse to involving Scotland in a ci- Hamilton

i • • i i i /-M i i presses for

vil war at this period, had again pressed upon Charles the pfcaceab]p great hazards he apprehended from a breach, and his doubts measures, with regard to the hearty aid of the English, repeated the re- quests of the supplicants, and gave at length their explana- tion respecting the clause for mutual defence. To which he received for reply : — " There be two things in your letter that require answer, viz. the answer to their petition, and concerning the explanation of their damnable covenant ; for the first, telling you that I have not changed my mind in this particular, is answer sufficient ;" " for the other, ] will only say, that so long as this covenant is in force, whe- ther it be with or without explanation, I have no more power in Scotland than as a duke of Venice, which I will Jhe kin"

determines

rather die than suffer; yet I commend the giving ear to on war. the explanation, or any thing else to win time." " Lastly, my resolution is to come myself in person, accompanied like myself; sea forces, nor Ireland shall not be forgotten." On receiving this last despatch, the commissioner resolved to proceed instantly to London, to communicate more free- ly with the king on the state of affairs than he could do

472 HISTORY OF SCOTLAND.

BOOK by letter ; to ascertain in what state of forwardness the king's preparations were ; and especially to devise a plan

1638. for protracting the negotiations, or counterworking the co-

proceeds^o venanters with their own instruments, by projecting a royal

London, covenant.

LII. When he arrived at court, he hastened to acquaint the king with the strength and fury of the covenanters, of the

His repre- unsteadiness of a majority in the privy council, and of the Deceit practised upon his majesty, by representing his mi- litary preparations in England as in a state of great for- wardness. Influenced by these considerations, the king, with the advice of Laud, after several days' deliberation, resolved to adopt the suggestion of Hamilton respecting a king's covenant, to enlarge the commissioner's instructions, and to temporize till his force was ready to act. He had li- berty to summon a general assembly, if he found no other

The in- course could quiet the business at that time ; but, if possible,

structions to del it till the ]st of November, or later if he could, given him. *

He was to endeavour to procure for the bishops, seats in the

assembly, and that one might be chosen as moderator. If this could not be obtained, he was to protest in their favour, as also against their abolition ; but he was to acknowledge their accountability to the general assembly ; and if any particular charges were urged against the bishop of St. An- drews, or any of the others, he was to acquiesce in their be- ing brought to trial. He was to agree to recall the liturgy, canons, and high commission, and suspend the articles of Perth ; but the concluding article of the instructions throws an air of insincerity over the whole. " Notwithstanding all these instructions, you are by no means to permit a present rupture to happen, but to yield any thing, though unrea- sonable, rather than now to break." And some injudicious letters, which were sent to the north, gave just grounds to the covenanters to hesitate before they trusted to any partial concessions.

LIU. During the absence of the commissioners, the tables

sent a new deputation to Aberdeen, consisting of the earls of

Aberdeen Montrose and Kinghorn, and lord Couper, with three emi-

•ofn thVco nent ministers> Alexander Henderson, David Dickson, and

venanters. Andrew Cant, to make another effort to bring over that city

CHARLES I. 473

to join the public cause. They were courteously received BOOK by the magistrates, but they could not induce them to sub- , '__

scribe the covenant, and the ministers refused to suffer them to occupy their pulpits. A controversial war took place, and several pamphlets were published on both sides, in which the Aberdonian doctors claimed the victory, and the south- ern missionaries could produce but few converts to evidence their superiority of argument. The marquis of Huntly re- ported the triumph of the northern episcopalians to the king, The king who immediately, and at the unlucky moment when he was theh-°con- apparently authorizing the abolition of the rites and cere- duct- monies against which the covenanters had united, wrote a letter to the provost and bailies, and another to the doctors, thanking them for their conduct, and promising them his favour and protection in future. The marquis of Hamilton also sent them a letter of similar import, and remitted one hundred pounds sterling, to enable them to defray their ex- penses of printing.

LIV. The commissioner, at his return, was waited upon Hamilton by deputies from the tables, to learn the event of his expedi- re tion ; to whom, after he had consulted with the council, he announced eleven preliminary demands, necessary to be set- tled before he could call a general assembly. A negotiation ensued, when he reduced his conditions to two: — That no lay- His propo- man should have voice in choosing the ministers from the S1 presbyteries to the general assembly, nor any but the mini- stry of the same presbytery ; and that the assembly should not determine upon any thing established by act of parlia- Rejected ment, otherwise than by remonstrance, or petition to parlia- J^JHteJ". ment. With these, as rendering nugatory every purpose for which a free assembly was asked, they refused to comply ; Who re- and tired of delays, which they knew were only intended to JU^,, weary them out, they avowed their determination to indict a assembly, free assembly, and published their reasons.

LV. On the divine right of presbyterian church government, and the consequent high ground which is assumed for holding general assemblies, there have always been doubts. The acts of parliament are more incontrovertible ; and the legality of assemblies meeting themselves, without any warrant from the king, appears to be pretty plainly implied in the act of James

VOL. Ill 3 P

474

HISTORY OF SCOTLAND.

BOOK VIL

1638.

Right of the church to call as- semblies.

Asserted by the ta- bles.

They agree to delay.

VI. 1592, which was a restriction on their former acknow- ledged freedom of meeting;* but a most formidable objection arose from the principles of the covenanters themselves. It was allowed, when a Christian church lived under an un- christian magistrate, heathen or popish, assemblies of the church might be kept — as was done by the church of Scotland for many years — without the consent of the magistrate ; but when the church lives under a Christian ruler, so that the church and commonwealth make but one corporation, the as- semblies of the church must depend upon theindiction of the prince or magistrate, who is the head of the republic, and principal member of the church. The tables got rid of this by a very summary process ; they allowed the right of calling general assemblies to reside in a Christian prince, but if he omitted to do his duty, it devolved on the office-bearers of the church ; and as to his forbidding assemblies, if neces- sary for promoting the union of the body of Christ or re- moving heresies, the pastors of the church, when the indic- tion of the prince cannot be obtained, are bound, as they will answer to Christ, to provide that the ecclesiastical re- public receive no detriment, and to esteem the safety of the church the supreme law.

LVI. Seeing the resolution of the tables to indict an assem- bly was immovable, the commissioner again had recourse to delay ; and requested that it might be put off till he revisited the court, in order to solicit his majesty's con- currence. The ministers, gentry, and burgesses, were for proceeding forthwith ; but were induced, by the intervention of the lords Lorn and Rothes, to acquiesce in the delay till

* And declaris that it sail be lauchfull to the kirk and ministers, everie zeir at the least, and oftner, pro re nata, as occasion and necessitie sail require, to bald and keepe generall assemblies : Providing that the king's majestic, his commissioners, with them to be appoynted be his hienesse, be present at ilk generall assemblie, before the dissolving thereof, nominat and appoynt time and place, quhen and quhair, the next generall assemblie sail be halden ; and in case neither his majestic nor his said commissioners beis present for the time, in that town quhair the said generall assemblie beis halden, then, and in that case, it sail be leisum to the said generall assemblie be themselves, to nominate and appoynt time and place quhair the nixt generall assemblie of the kirk sail be keiped and halden, as they have been in use to do thir times by past— Act, James VI. 1592.

CHARLES I. 475

the 20th September ; on condition that the marquis should BOOK endeavour to obtain from the king an assembly, free, both ^^ as to the members of which it should consist, and the sub- 1638. jects of which it should take cognizance; a warrant to meet speedily, and in such place as should be most generally con- venient ; and a promise, that their free communication with England should not be interrupted.

Lvir. The marquis, having satisfied them with regard to these articles, took his departure. He stopped a night on the road to consult with the earls of Traquair, Roxburgh, Conces- and Southesk, who, coinciding with him, drew up and sub- ComLend- scribed a memorial to be presented to his majesty, recom- ed by Tra- mending the absolute and unreserved recall of the service book ; book of canons ; the abolition of the high commission till established by law; the suspension of the articles of Perth ; the illimited power of the bishops, in admitting and deposing ministers, to be remitted to the consideration of the assembly ; and reiterating the advice of Hamilton respect- ing a confession of faith.

LVHI. It was now become necessary that the most ample concessions should be made, or immediate force employed. Charles, after a considerable struggle, resolved upon the for- The king mer, and agreed to grant all the original demands of the ta- comp ie bles ; that the two obnoxious books should be unconditional- ly recalled ; the high commission abolished ; the articles of Perth suspended ; and an assembly and parliament appoint- ed, in which the prelates might be legally prosecuted, and . their lawless, illimited power restrained.

LIX. Unfortunately Charles never knew how to yield in time, or with a good grace. These concessions which, grant- ed frankly at first, would not only have satisfied his subjects, but would have been received with gratitude, as marks of peculiar favour, were now received with coldness and dis» trust; and if it was true, as Guthrie asserts,* that copies ofButill. all Charles' private papers were sent by his body servants to structs Ha-

,.«, , ,. , . milton to

the covenanters, it is not difficult to account tor their mve- sow discord

terate and incurable mistrust of all his propositions. Along betw:en

. • , i , e the clergy

with the instructions given to the marquis to yield the con- and laity.

* Guthrie's Hist. vol. ix. p. 257.

476 HISTORY OF SCOTLAND.

BOOK tested points, were others directing him to prevent their be- neficial effects, by sowing discord among the part}'. " You 1638. must," says he, " by all means possible you can think of, be infusing into the ministers what a wrong it must be unto them, and what an oppression upon the freedom of their judgments, if there be such a number of laicks to overbear them, both in their elections for the general assembly and afterward ; likewise, you must infuse into the lay lords and gentlemen, with art and industry, how manifestly they will suffer, if they let the presbyters get head upon them."*

LX. The presbyterians were convinced by experience, that there was no holding parley with episcopacy ; they had stud- ied the progressive growth of the prelatical usurpations ; they had seen by what insidious methods, and under what false pretences it had undermined their polity, when the law

The king's was expressly on their side ; and now, when a fair opportu-

concessions njfy offered for getting rid of the pestiferous root of so much

unsatisfac- / . . _ .

tory. mischief, they were anxious to seize it, as they never could

believe themselves safe, or their church secure, while a fibre was allowed to remain. They now aimed at the re- storation of the church of Scotland to its pristine glory and presbyterian purity, and no proposals short of this would be listened to.

Hamilton Lxi. Hamilton found the covenanters in this disposition sowing di's- at ^s return > but ^e found also that his proposal for ex- sensions. eluding laymen from voting in presbyteries for the commis- sioners to the general assembly, had produced the desired effect, and that some dissension had arisen between the ministers and the lords of the covenant on that subject. This he artfully cherished, and, in hopes of bringing matters to a crisis, resolved upon immediately summoning the as- sembly.

LXII. For some days after his arrival he kept himself se- cluded arranging his plans, and when the deputies of the covenanters requested to be informed of the king's pleasure, he assured them the king had granted all that they desired ; but the particulars he referred till after he should have com- municated with the council. At the council he intimated

* Burnet's Memoirs, &c. p. 74,

CHARLES I. 477

the design to renew the covenant which had been signed by BOOK king James, substituting the original bond for that annex- ^' ed by the covenanters. This the council, after a long de- 1638 bate, agreed to subscribe, with an explanation. In the ori- He pro- ginal oath, the subscribers bound themselves to maintain original co. " religion as then professed." This, by the chicane so pre- venant. valent in all Charles' negotiations, conveyed a double mean- ing. The covenanters in their bond, to prevent miscon- The oath struction, had defined the expression as signifying, in strict construe/ conformity with the negative confession of faith, a religion stript of all names, titles, rites, and ceremonies, that bore the smallest resemblance to Rome, and as it existed before the late innovations. Charles tacitly understood by the term — the episcopal, and those of that persuasion likewise under- stood it in the same sense. The privy council, and the pres- byterians, took it according to the original meaning, exclu- sive of prelacy.

LXIII. The covenanters were too well informed of the se- cret reservations of the court, to give credit to their integrity in this solemn deed ; and they descried in the transaction, a snare too inartificially laid to entrap them. Aware, how- ever, of the effects it might produce among the people, who, without considering its obvious intention, might have been inclined to adhere to the royal covenant, in which there was so little apparent dissimilarity to their own ; Rothes, ac- companied by several of the covenanting lords, waited upon the commissioner at an early hour, and requested him to postpone issuing the king's proclamation for a day, when they would be prepared to exhibit valid reasons why the old confession of faith should not now be revived. Hamilton, The origi- who suspected that they intended to intrigue with the mem- °^^°vr^ bers of the privy council, would hear of no delay ; and that claimed, same day, ordered a proclamation to be published, announc- g^ ing the king's covenant for subscription, and indicting an as- ed. sembly to be held at Glasgow. This city was chosen, be- cause the family influence of the commissioner was great in the west, in preference to Aberdeen, suggested by the arch- bishop of St. Andrews, where the covenanters were weak- est, and in which quarter the most pliant instruments of the crown had been wont to be found.

478 HISTORY OF SCOTLAND.

BOOK LXIV. The proclamation was met by a protest signed by VII. the earl of Montrose, and other deputies from the tables;

1638. because the recall of the service-book and canons, was not Protest of *•«..,

the tables so absolute as to preclude the rears ot their being again m-

agamst the troduced ; for although the acts establishing their observance

covenant. .

were rescinded, the proclamations, in which they were high- ly approved, and in which his majesty declares his purpose to bring them in, in a legal way, were not revoked ; a cir- cumstance, which however it might be overlooked by such as took only a partial view of the subject, and neither consi- dered what they were doing, nor with whom they were deal- ing, could not escape the notice of those who carefully com- pared the steps that had been taken, and had watched the whole progress of innovation ; because the archbishops anc bishops were summoned to parliament, without any reference to the ecclesiastical courts, which was contrary to the cave- ats, and to the assembly in right of office, which was in op- position to their declinature ; because all his majesty's sub- jects were commanded, for maintenance of the religion al- ready established, to subscribe and renew the Confession ol Faith, subscribed before in the year 1580; for although lately they would have been glad that they, as well as the rest of his majesty's subjects, had been commanded by au- thority, to swear and subscribe the general Confession oi Faith, yet now, after so particular a specification as they had signed — but which they had been so frequently urged to rescind or alter — they could not return to the general, and by a new subscription, obliterate the remembrance ol their late Covenant and Confession, which was sworn to by! them, to be an everlasting covenant, never to be forgotten ; nor would they think themselves guiltless of mocking God, and taking his name in vain, if, while the tears which be- gan to flow at the solemnizing of the covenant were not yet dry, nor the joyful noise which then sounded had not yet ceased, they should enter upon a new obligation ; nei- ther did they think solemn covenants ought to be multiplied, or oaths played with as children play with their toys ; be- cause, having sworn that they would neither directly, nor indirectly, suffer themselves to be divided and withdrawn from their late loyal conjunction, they could not consent to

CHARLES J. 479

a subscription and oath, which, both in the intention of the BOOK urgers, and in its nature, was calculated to destroy their un- ^^'

animity ; because the subscribing of another would be ac- 1638, knowledging that they were rash and unadvised in their last bond, and wished only a fair pretext for recanting ; and the intention of authority was, that the oath might consist with the corruptions they had abjured, a meaning which, if they signed without explanation, they would confirm and estab- lish the opinion of those who subscribed the old, but re- fused the new obligation, as substantially different ; and be- cause the general bond, adapted to the time when it was subscribed, omits an obligation so necessary for adapting it to the present — reformation of life- — that the subscribers should, answerably to their profession, be examples to others of all godliness, soberness, and of every duty to God and man.

LXV. The proclamation and king's covenant was spread Measures with the utmost diligence in every corner of the land, andt^e^toy

would, it is probable, have produced a complete schism among present its , , . f. , . , acceptance.

the covenanters, but tor the precautionary measures taken

by their leaders. Deputies were despatched by the tables, to affix their protestation, and assign their reasons, wherever the messengers of the commissioner might make their ap- pearance ; and they succeeded in securing the attachment of the people, and preventing divisive courses, except in Aber- deen, and partially in Glasgow. At Aberdeen, when the king's covenant was proclaimed at the cross, the master of Forbes, and lord Frazer caused the protest to be read ; but the covenant was, through the influence of Huntly, subscrib- ed by a great number, yet not without several restrictions

by the doctors, who declared, that they did not, by sub- Aberdeen ..... , . , . receives it

scribing, abjure or condemn episcopal government, as it was wjth rc_

in the days, and after the days of the apostles, for many strictions. hundred years in the church, and as now, agreeably to their model, restored in the church of Scotland ; nor did they condemn the articles of Perth, nor consider adhering to the discipline of the reformed church of Scotland, as implying any immutability of that presbyterial government which was Which are in 1581 ; and these explications were accepted by the mar- Hamilton'. quis of Hamilton, a fact which justifies the assertion of the

480

HISTORY OF SCOTLAND.

BOOK VII.

1638.

Its recep- tion at Glasgow.

Policy of the cove- nanters to secure a majority in the assem- bly.

protest, that the general bond was understood to be consis- tent with the innovations, and intended to create division : and so convinced was Huntly of this, that he kept the matter secret, took their subscriptions on a separate bond, which he transmitted to his grace, and Burnet assigns as the reason, lest an humour of annexing explications might have run through others from their example, which might not only have retarded the business, but occasioned new grounds to the covenanters to quarrel.

LXVI. In Glasgow, several of the ministers accompanied the non-covenanters to the Cross, expressed their joy at the proclamation, and not only obtained a number of signatures, but wrote a letter of thanks to the commissioner, which they transmitted to his grace at Hamilton, by the principal of the university. Soon after, the marquis honoured the city with a visit, accompanied by Dr. Balcanquhal, his chief adviser, and endeavoured to prevail on the magistrates to subscribe; but they requested time to consider. After ten days, the justice-general found them yet irresolute, and their scruples increasing ; and when the assembly met, they were still unresolved.

LXVII. The proposition of the court formerly noticed " That the commissioners to the assembly should be elect- ed by the ministers alone," having created considerable dis- sension,— as the original constitution of that court, from its long disuse, was now almost forgotten, except by some o the oldest ; as suspicion was raised among the clerical mem- bers of presbyteries, that the gentry wished to lord it over them, and usurp a place to which they had no right ; while the laity evidently distrusted a number of the ministers who had been trained up under the episcopal form, and were not so thoroughly attached to the principles, or instructed in the tenets of presbytery as the times required, and would be ne- cessary in an assembly, where every inch of ground would be disputed — a treatise was therefore drawn up, in which the office of elders, as established by the polity of the church and the law of the land, was shown to be essential to the ex- istence of presbytery, and the ruling elder a constituent part of a general assembly. This was circulated among the presbyteries, together with instructions respecting the forms

CHARLES I. 481

to be observed in choosing commissioners to the assembly, BOOK and the qualifications requisite for those who might be cno- VH> sen. By the constitution of the church, an elder from each 1638. parish was to attend the presbytery, and thus, when the can- didates who were put in nomination were withdrawn, a ma- jority of the laity remained. The policy of adhering strictly to these rules was evident in the elections which followed ; the most zealous of the ministers were returned as commis- sioners, and the leading covenanters, as ruling elders.

LXVIII. When the marquis returned to the capital — pre- Hamilton viously to his going to open the assembly — he expected to postp0neh. have found some of the bishops there, with whom to consult respecting the method he was to pursue ; but to his great disappointment, none of them had arrived from England, and they who had remained in Scotland, advised him strong- ly to prorogue the meeting. Knowing that the covenanters would hold the diet whether he attended or not, he resolved to keep it, and wrote to his majesty, informing him of all the untoward circumstances of his situation ; yet that, notwith- noid jt> standing, he had resolved to keep the appointed time, and first propose his gracious offers, next examine the nullities of the elections, then offer a declinature from the bishops, and ere these topics were discussed, he had no doubt the members, by their conduct, would give sufficient reason for dissolving the meeting. The king approved of the resolu- The king tion of the commissioner in keeping the day ; but added, — ai "if you can break them by proving nullities, nothing better.'* He had before this told him, that he expected no good from the assembly, though he trusted he might hinder much of the ill ; first, by putting divisions among them concerning the legality of their elections, and then, by protestations against their tumultuous proceedings. In the meanwhile, But ad. Hamilton had not been idle in his attempts to procure at ^^J^1*0 least an ostensible opposition to the introduction of lay el- divisions, dersj and by some presbyteries they were admitted with re- luctance; particularly in Glasgow, who required a special visitation from lord Loudon and three of the leading minis- sters, before their doubts could be resolved. He, besides, invited the Aberdeen doctors to be present at the assembly,

VOL. ni. 3 Q

482 HISTORY OF SCOTLAND.

BOOK to assist with their arguments ; but they, perceiving the to- ^** tal inutility of any efforts of theirs to stem the tor rent, declin- 1638. ed the journey south, alleging the state of the roads and the season of the year, as their excuse.

LXIX. Amidst the mutual preparations for the approaching

trial of strength, the accusation of the bishops — an object

of no minor importance — was resolved by both parties as

Case of what would brine them into immediate contact. The lead-

, , • . o

)Sf ing covenanters had protested against their taking their seats in court until cleared by a legal trial, and were ready to bring forward their charges; but they possessed no legal power to cite them to appear before the assembly, nor was there, in the then disorganized state of the church, any re- gular ecclesiastical mode of procedure to which they could resort for accomplishing their purpose. The earl of Rothes, therefore, and some others, petitioned the commissioner for a warrant to command their appearance. With this he re- fused to comply, as there was no precedent; and he alleged he did enough, if he did not place any obstructions in the way of their being brought to a fair trial ; but the fact was, the bishops' declinature had been already revised by his ma- jesty, and was intended to be used, not only as an obstruc- tion to their trial, but as a pretext for the dissolution of the assembly altogether.*

LXX. The crimes and vices of which the bishops stood ac- cused, were open and flagrant ; but while they threw an op- probrium upon the whole profession, they were such as were capable of being easily proved, if true ; and if, upon investiga- tion they had turned out groundless, or very palpably ex- aggerated, the infamy would have recoiled with overwhelm- Observa- ing force upon the heads of their accusers. Men seldom tions' suffer unjustly from specific charges undisguisedly brought against them ; if guiltless, they have the means afforded them of fronting the calumny, and rebutting it. In such cases, it is always suspicious to decline a trial. It is when general, undefined allegations are asserted, and in a manner that ad- mits of no opportunity of bringing them to the test, that un-

* Burnet's Memoirs, p. 91.

CHARLES I. 483

guarded, and comparatively innocent individuals, are ruined UOOK by their more cool and more correct, but frequently more ^11- criminal traducers. 1638~

.LXXI. Whether legal, or rigidly proper, the refusal of the commissioner to cite the bishops was impolitic ; and attend- de with more unfortunate consequences than a compliance would probably have been. A complaint, in form of a li- bel, was drawn up against all the body, in which the of- Charges fences of the order, and their personal vices were accumu- lated. They were charged in a collective capacity, with transgressing the caveats by which former assemblies had limited them ; of tyranny and oppression, behaving rather like lords of God's heritage, than as pastors of his flock ; individually, with publicly teaching, or privately defending the doctrines of Rome and of Arminius, at least with con- niving at their dissemination, and promoting their abettors ; with simony, bribery, drunkenness, adultery, gaming, dis- honesty, common swearing, and sabbath-breaking. The complainers were the principal nobility, gentry, ministers Mode of and burgesses, not commissioners to the general assembly, procedure who sent a copy of the libel in their own name, and in the name of all the other covenanters — also not members — to each of the presbyteries within whose bounds the bishops resided at the time, or where their cathedral seats were ; and appended to it the particular accusations against the re- spective offenders, with a petition to take cognizance of the complaint, and censure them agreeably to the nature of the offence, or make reference of the affair to the assembly. According to concert, all the presbyteries referred the com- plaint, and ordered it and the reference to be publicly read from every pulpit within their jurisdiction, together with a citation to the bishops to appear and answer to the particu- lar allegations.

LXXII. Every measure having been thus taken by the co> venanters to secure the return of their friends, and exclude their opponents, the tables issued a requisition, that all the noblemen who had signed the covenant, should meet at Glas- gow, on the Saturday preceding the opening of the assembly ; and that all the elders chosen as commissioners, should bring with them four assessors, to consult in private, or assist with

484 HISTORY OF SCOTLAND.

BOOK their advice in the public deliberations. Hamilton, — whose

VII • •

' situation was far from enviable, being almost totally desert-

1638. ^ ed by the other high officers of state, — when the court of unpleasant8 sessi°n sat down in Edinburgh, November 1st, endeavoured situation, to prevail upon the lords to sign the king's covenant ; but after a debate of three hours, he only succeeded with nine ; two absented themselves, and four absolutely refused. His efforts to procure co-operation from the privy council, were not much more propitious. Before proceeding for Glas- gow, he called them together, and informed them it was his majesty's pleasure, that episcopacy might be limited, but not abolished, urging them to pass an act declaring their approbation of the royal message. With this they were unwilling to comply ; and when he required the king's King's ad- advocate, sir Thomas Hope, to prepare for defending epis-

vocate re- copacy, as agreeable to the law of Scotland, he replied he fuses to de. , , • i • • i ri • i i • i i

fend epis- could not in his conscience do so, tor he considered it both

copacy. contrary to the word of God, to the constitution of the church, and to the law of the land.

LXXHI. On his arrival in Glasgow, the commissioner found that city overflowing with the commission of the assembly, assessors, and immense crowds attracted from all the quar- ters of the kingdom. He came attended by the lords of the privy council, and a numerous train whom he brought from Hamilton, and was met by the greater part of the no- Hamilton's bility and chief men among the covenanters. Mutual ci-

receptionat vjlities were interchanged with much seeming cordiality,

Glasgow. J'

he protesting that nothing dissonant to scripture, equity, and

law would be asked, and they assuring him that nothing reasonable would be denied. The first day passed in mat- ters of form;* but on the next, Hamilton — who had received

* On the 21st of November, the assembly convened in the High Church, which day, and for two weeks thereafter, the multitudes assembled were so exceeding great, that the members could not get access without the assistance of the magistrates and town guard, of the nobles and gentry, and sometimes at first, the lord commissioner in person, was pleased to make way for the mem- bers, but they were well accommodated after they got in. The lord commis- sioner sat in a chair of state, and at his feet before and on each side, the lords of the privy council. Traquair, treasurer, Roxburgh, privy-seal, [Lorn now] Argyle, Mar, Moray, Angus, Lauderdale, Wigton, Glencairn, Perth, Tuli- bardin, Galloway, Haddington, Kirighorn, Southesk, Linlithgow, Dalziel, Dumfries, Queensberry, Belhaven, Almont, sir John Hay, clerk -register, sir

FROM THE ORIGINAL PAINTING IN THK UNIVERSITY 07 GLASGOW.

3T.ACKIE 4 SON GLASGOW. EDINBURGH 4.LOTOON

CHARLES I. 485

private instructions from the bishop of Ross, as to the man- BOOK ner of conducting himself, so as best to render the meeting J_j~ of the assembly abortive — objected to a moderator being cho- 1638. sen until the commissions of the members were examined; for toet^ejec' if any voted, whose commissions were afterward found null, choosing of considerable confusion might ensue. Custom and necessity *0mo were urged in reply. His grace then protested, that this decision should not import his approbation of the commission of any of the voters, to which he might afterward produce objections ; and he also protested, that the nomination of a moderator should not be prejudicial to the rights of the lords of the clergy, in any office, dignity, or privilege, which the law or custom had given them. He then presented the de- Presents

clinature of the bishops, which he desired to be read : but *hede^in,a*

ture of the

the assembly, in a tumultuous manner, and after a stormy bishops, discussion, refused to hear it, till they were constituted, w™ch is when they would be ready to receive and answer any paper it might please his grace to present. A protest was taken against this refusal, as unjust, which was followed by a counter one, and the day was wasted by a multiplicity of protestations, " with which," says Baillie, " all were wea- ried, except the clerk pro tempore, who, with every one received a piece of gold." In the end, Henderson was cho- Henderson sen moderator, and Johnston of Warriston appointed the clerk. During the rest of the week, they proceeded to examine the commission of the members, and their deci-

James Carmichael, treasurer-depute, sir William Elphingston, justice-general, sir James Hamilton, justice-clerk, sir Lewis Stewart of Blackball, and several others. The covenanting lords and barons sat at a long table in the floor, with their assessors, which consisted of almost the whole barons of note through Scotland, and in general, from all the fifty-three presbyteries, there were three commissioners — except from a very few — who sat all commodiously in seats rising up by degrees round the long table. A little table was set in the midst for the moderator and clerk. At the end was a high room, prepared chiefly for the young nobility, lords Montgomery, Fleeming, Boyd, Erskine, Linton, Crichton, Levingstone, Rosse, Maitland, Drummond, Drumlanrick, Keir, and Elcho, but the same was crowded with great numbers of other gen- tlemen, and the vaults above were filled with ladies and gentlemen. Mr. Bell of Glasgow, as the oldest minister, was appointed to preach, a wise choice, which prevented any inflammatory harangue from younger men of fiery zeal, and stouter lungs. His sermon was lost to the greater part of the auditory, not above the sixth part of whom could hear him distinctly Baillie, vol. i. p. 96, 97.

486 HISTORY OF SCOTLAND.

BOOK sions in any disputed cases, evinced clearly the temper and construction of the assembly. The covenanters' were uni- 1638. formly sustained. But it deserves to be remarked, that no objections were ever started against their moral charac- ters ; they chiefly rested upon points of form, which, when parties run high, are in common, pretty easily got over to at- tain an end.

of'thtfde-6 LXXIV. At length the declinature of the bishops was read ;

clinature. they refused to acknowledge the assembly as a competent tribunal ; — from the choice of the commissioners having been chiefly directed by a majority of laics ; from the presence of lay elders at their meeting ; and from the absurdity of re- quiring archbishops and bishops, who are superior to other pastors, — contrary to all reason and practice of the Christian church, — to submit to be judged by a mixed meeting of presbyters and laics, convening without lawful authority of the church, and of which the primate was not allowed to be moderator. In a long but conclusive reply, the practice of

Answers to admitting lay elders to vote in the choice of commissioners, and to have a voice in the decisions of the assembly, was shown to have existed from the time of the reformation ;* to

• The early original registers of the church had been long a missing. It was known they had been mutilated, and it was suspected they had been de- stroyed. At the meeting of this assembly, to the great joy of the whole, these important documents, which formed useful and authoritative guides in their future proceedings, were discovered to be safe, and not materially de- teriorated. Mr. Archibald Johnston, their new clerk, produced, at their third sederunt, five books, which, with the two he had received from Mr. Sandilands, their former clerk, were, he said, sufficient to make up a perfect register of the church from the reformation. He informed the assembly, that the first two contained the acts of the assembly from the reformation to the year 1572, and were signed by Mr. John Gray, their clerk ; the third contain- ed the acts of assembly from that to the year 1579, except that a few leaves, from the 22d to the 27th, which contained Archbishop Adamson's process were torn out ; the fourth contained the acts of assembly from the year 1586, to the year 1589, and were written and signed on the margin by Mr. James Ritchie, and Mr. Thomas Nicolson, clerks successive ; and the fifth and great- est vol. contained the acts of assembly from the year 1560, to the year 1590, and was margined by the hand writ of the assembly clerks ; and farther, he in- formed the assembly, that he received the first from Alexander Blair, writer, who was first servant [secretary or clerk] to Mr. Robert Winram, depute clerk to the modification of stipends, and succeeded him in that office, under Mr. Thomas Nicolson, clerk to the assembly ; the fifth he had only a loan of from a minister. When the moderator proposed to authenticate these registers,

CHARLES I. 487

have been exercised and approved, even in those very meet- BOOK ings by which episcopacy was introduced, and under episco- ^* pacy itself. But the assembly founded their proceedings not on the acts of councils ; they rested on the example of the apostles, in whose times there were meetings of churchmen and laymen, and on the established order of their own re- formed church, where no superior lords, archbishops, or bi- shops were known ; and in which, by the second book of discipline it is ordained, that in all assemblies a moderator shall be chosen by common consent of the whole brethren convened, nor was any constant moderator ever mentioned before the usurpations of the prelates. Much prolix rea- soning upon both sides ensued, till, worn out with the dis- Question putations, the moderator interposed, by stating the question : °e^^ — Whether or not this assembly found themselves compe- try the bi- tent judges of the bishops, notwithstanding their declina- s ops' ture ?

LXXV. When he was about to put the vote, the commis- sioner arose, and addressed them to the following effect : — " I should have perhaps continued a little longer with you, if you had not fallen upon a point which doth enforce my de- serting you. You are now about to settle" the lawfulness of this judicatory, and the competency of it against the bishops whom you have cited thither ; neither of which I can allow, if I shall discharge either my duty toward God, or loyalty toward my gracious master. This is a day to me both of gladness and grief; gladness in having fulfilled his majesty's Hamilton promise, in calling together this assembly, and in having JJ^JJ^1* seen it meet ; and that I shall now, in his majesty's name, ceedings. make good to you all his most gracious offers in his royal proclamation ;— of grief, in that you, who have called so much for a free assembly, and having one, most free in his majesty's intentions, granted you, have so mangled and marred the matter, that there is not the least shadow of free- dom to be discerned in this your meeting; but his majesty's

Mr. John Row told them he had in his hand a copy of the book of polity, sub- scribed by Mr. James Ritchie, which would prove his hand writing ; and Mr. Johnston added, he had the original book of polity written on Lombard paper,

which would confirm it Journal of Assemb. MSS. Stevenson, vol. ii. p.

A94.

4*88 HISTORY OF SCOTLAND.

BOOK sincere intentions being to perform, in a lawful assembly, all he hath promised in his gracious proclamation, if you find

L uiciue I am, t to ad- ! kimr's

1638 out a way now tnese things may pass, and be performed even in this assembly, such as it is, and yet his majesty not made to approve any way the illegalities and nullities of it, by his majesty's command, ready to do it, and content Orders the vise how it may be done." After this, he ordered the king's

concessions . ^i t_ j L. c i i-j

to be read, concessions, as they had been formerly proclaimed, to be read ; and having taken instruments, that by producing and signing them, he had made his majesty's intentions known, but that in so delivering and acknowledging them, the law- fulness of the assembly was not acknowledged.

LXXVI. When the clerk had done reading, the commission- er resumed : — He regretted that he could not go on with them, while ruling elders were permitted to sit, and minis~ ters chosen by laymen were commissioners ; — uttered a sharp invective against the manner in which the bishops had been cited, and proposed in conclusion : — " If you will dissolve yourselves, and amend all your errors in a new election, I will, with all convenient speed, address myself to

Hischreats. his majesty, and use the utmost of my intercession with his sacred majesty, for the indiction of a new assembly, before the meeting whereof, all these things now challenged may be amended. If you shall refuse this offer, his majesty will then declare to the whole world that you are disturbers of the peace of this church and state, both by introducing of lay elders against the laws and practices of this church and kingdom, and by going about to abolish episcopal govern- ment, which, at this present, stands established by both these said laws."

Modera- LXXVI i. The moderator professed, on the part of the as- y° sembly, the sincerest loyalty to the king. It was the way in which they had walked in time past, had been the glory of the reformed churches, and they accounted it their glory, in a special manner, to give unto kings and magistrates what belongs to their places. The assembly having been indict- ed by his majesty, and consisting of such members regular- ly authorized, as by the acts and practices in former times had a right to represent the church, they considered them- selves a free assembly ; and he trusted that whatsoever busi-

CHARLES I. 489

ness might be brought before it, would be so managed as BOOK to evince that all things were conducted according to the ^^- law of God and reason ; and they hoped that when his ma- 1638. jesty had the truth told him, he would rather approve than be displeased with their proceedings. He then asked if he should again put the question : — Whether they were competent to judge the bishops? But the commissioner urged that this might be deferred. " Nay, with your grace's permission, that cannot be," said the moderator, " for it is requisite that it be put immediately after the declinature." Then, said the commissioner, it is requisite I should be Hamilton gone. The moderator, lord Loudon, and the earl of Rothes, t ° le^ve the entreated him to stay ; and, acknowledging that he had assembly. done them a great favour in procuring the assembly, begged that he would not desert it now that it was constituted ; or by protestation, attempt to fetter their deliberations. Ham- ilton, affected to tears, appealed to God that he had labour- ed as a good Christian, a loyal subject, and kind country- man, for the benefit of the Scottish church, and that there was nothing within the bounds of his commission that he would not do ; but lamented his inability to bring matters to such an agreeable conclusion as he wished. Some further rea- Protests soning ensued, which he stopped, by requesting the modera- ^£18tro tor to close the meeting by prayer ; but this being refused, ceedings. he renewed his protestations, in the name of his majesty, of himself, and of the lords of the clergy, that no act there should imply the royal consent, be binding upon any of the subjects, or prejudicial to any of their interests. He then dis- Dissolves solved the assembly in the king's name, and forbade their it- further proceedings.

LXXVIII. Rothes — who had come prepared — presented Assembly a protest, which was read while the commissioner and coun- Protest- cil were in the act of withdrawing ; Argyle only remained behind to hear the reasonings. From the assembly the mar- quis proceeded to hold a council, in which he expressed his vexation at the uneasiness and sorrow which this breach would occasion to the king, and how anxious he was to have prevented it ; but their rebellious conduct had extorted what was done. He therefore exhorted them to remain steadfast, and discharge their duty to their king, assuring them they

VOL. in. 3 R

490

HISTORY OF SCOTLAND.

1638,

He dis- charges it by procirw mation.

They re- eolve to continue their sit- tings.

should eventually be no losers; yet, notwithstanding, he durst not produce the proclamation for dissolving the assem- bly, so little could he depend upon those from whom he na- turally ought to have looked for support. In the evening, however, he ascertained their inclinations, and next morning obtained several of their signatures ; after which, he ordered it to be published with the accustomed formalities: — "discharg- ing all pretended commissioners,* and other members of the said assembly, from all farther meeting and convening, treat- ing and concluding any thing belonging to the said assembly, under the pain of treason." This also was met by a protest, declaring that : — If the commissioner's grace should depart, and leave the church and kingdom in its present disorder, notwithstanding his dissolution, it was both lawful and ne- cessary for the assembly, indicted by his majesty, to sit still and continue their meeting till they had tried, judged, and censured all the bygone evils and their authors, and provid- ed a solid course for continuing God's truth in the land with purity and liberty, according to his word, their oath, the con- fession of faith, and lawful constitutions of the church ; and farther, that they, by the grace of God, would sit still and continue, till after the final settling and conclusion of all matters, the assembly were dissolved by common consent of all the members thereof. And this resolution they justified by the original constitution of the Scottish church, which they asserted his majesty had revived and recognised, by sub- scribing the confession of faith made in the years J 580— 90; and also by early precedent, when the assemblies had exer- cised a similar right. " The king's majesty, his commission- er, and privy council," said they, " have urged numbers in this kingdom to subscribe the confession of faith made in the years 1580-90, and so to return to the doctrine and disci- pline of the church as it was then professed ; but it is clear, by the doctrine and discipline of this church, contained in the book of policy, then registrated in the books of assembly, and

* The earl of Rothes, in the assembly, had made use of the term, "pre- tended" bishops. In the proclamation, the commissioner applies the same epithet to the commissioners of the assembly. The spirit of irritation, which subsisted on both sides, is perhaps marked, in these little apparently trifling matters, more distinctly than in greater matters.

CHARLES I. 491

subscribed by the presbyteries of this church, that it was most BOOK unlawful in itself, and prejudicial to those privileges which ^^ Christ in his word hath left to his church, to dissolve or break 1638. up the assembly of this church, or to stop their proceedings, J.ustlfica- in making acts for the welfare of the church, or execution of reiolmion. discipline against offenders, and so to make it appear that religion and church government should depend absolutely upon the pleasure of the prince." <e The assemblies of this church," it was farther contended, "had enjoyed the free- dom of uninterrupted sitting, notwithstanding any counter- mand, as was evident by their records, particularly by the register of the general assembly holden 1582, which being charged with letters of horning, by the king's majesty's com- missioner and council, to stay their process against Mr. Ro- bert Montgomery, pretended bishop of Glasgow, or other- wise to dissolve and rise, did, notwithstanding, show their liberty and freedom, by continuing to sit still, and going on in that process to the end thereof; and thereafter, by letter to his majesty, did show clearly how far his majesty had, upon misinformation, prejudged the prerogative of Jesus Christ, and the liberties of this church, and did enact and ordain that none should procure any such warrant or charge, under the pain of excommunication. And now," it was add- ed, " to dissolve, after so many supplications and complaints, after so many reiterated promises, such long attendance and expectation, and so many references of processes from pres- byteries, when the assembly had been publicly indicted, formally constituted, and had sat seven days, were to offend God, contemn the subjects' petitions, deceive the hopes which had been raised of a redress of the calamities of the church and kingdom, multiply the combustions of the church, make every man hereafter despair of ever seeing religion es- tablished, innovations removed, the subjects' complaints re- spected, or the offenders punished with consent of authority, and thus by casting the church loose and desolate, abandon all to ruin."

LXXIX. Placed in a very trying situation, the marquis of Hamilton's conduct was exposed, as all unsuccessful states- men's in troublous times is, to blame ; both from those he at- tempted to support, and they whom he opposed. The Scot-

492 HISTORY OF SCOTLAND.

BOOK tish episcopalians accused him of holding intelligence with _ the opposite party, and of encouraging them in their opposi-

1638. tion.* This charge was evidently groundless. Perhaps it opinions w°uld not be equally easy to acquit him of having been a respecting party with the king, in attempting to deceive the covenant- conduct. ers> Moderate men, who were not then acquainted with his secret instructions, blamed his precipitancy in urging the bishops' declinature ; and forcing the assembly to proceed at so early a period to consider the question respecting their powers to sit in judgment upon them, which, they thought, he ought to have delayed as long as possible ; and could have done with little difficulty, if he had only at first allow- ed them to examine freely the books of common prayer, the canons, and the doctrinal points of Arminianism ; where al- though all were agreed, yet protracted discussion might have been encouraged, and their final condemnation would have soothed the minds of the most violent ministers ; prevented that exasperation against the prelates which their declinature produced, and, if it had not averted, might at least have softened the fall of the hierarchy.

LXXX. As nothing could prevail upon Hamilton to remain in the assembly, the moderator, with admirable dexterity, turned his conduct in leaving them, into a strong motive for their continuing to go forward, and not desert the cause of their master. " Seeing," said he, as the marquis left the

* Guthrie has, besides, a charge against Hamilton, that, at his first inter- view with the covenanters, he behaved distantly and harshly; but when they returned to him on the morrow, they found him more plausible in treating with them, even before the privy council ; and having conveyed them through the public room, he drew them into a private gallery, where he expressed himself as follows : — " My lords and gentlemen, I spoke to you before those lords of council, as the king's commissioner, now, there being none present but yourselves, I speak to you as a kindly Scottishman. If you go on with courage and resolution, you will carry what you please ; but if you faint, and give ground in the least, you are undone. A word is enough to wise men." The whole of Hamilton's proceedings, whatever opinion may be formed of them in other respects, evince unshaken loyalty to his master ; and if he err- ed in any thing, it was in being too devoted to his will. This alone would render the accuracy of the bishop's anecdote doubtful ; but when we see him afterwards vigorously opposing men, in whose hands his life must have been placed, if the story had been true, it renders it more than doubtful. — Guth- rie's Mem. p. 48. Baillie's Letters, vol. i. p. 116.

CHAIILES I. 493

room, " we perceived his grace, my lord commissioner, to BOOK be zealous of his royal master's commands, have we not good ^H- reason to be zealous toward our Lord, and to maintain the 1638t privileges of his kingdom ? You all know that the work in hand hath had many difficulties, and yet hitherto the Lord hath helped and borne us through them all ; therefore it be- cometh not us to be discouraged at our being deprived of human authority ; but rather that ought to be a powerful motive to us to double our courage in answering the end for which we are convened." When he had spoken, lord Loudon, and a number of the members encouraged each other, by mutual exhortations, to remain firm. Their pur- pose was fixed, by what appeared to them as an evidence of the divine favour, and what certainly operated in securing the countenance of man. At a moment when they were afraid lest several would have turned back, and when the defection of any one leading member might have been ruin- ous, numbers were induced to declare themselves, and join openly with them.

LXXXI. At a momentous crisis, sometimes a little incident has a wonderful effect; and one such on this occasion pro- duced the most lively sensations of joy. Lord Erskine, son of the earl of Mar, a young nobleman of great promise, deeply affected with the addresses he had heard, came into the midst of the assembly, and with tears besought that he might be admitted to subscribe the covenant — lamenting Lord Ers- that he had so long omitted this sacred duty — and his ex- JjJe,£Jj!* ample was followed by several others. But what confirmed, nant. if it did not originate, their resolution not to disperse, was the approbation of a considerable part of the privy council, and the open accession of the earl of Argyle, the most power- Earl ?f.Ar' ful nobleman in the west, who was imagined at the time to the cove- stand high in the king's confidence ; and whose presence, after the commissioner had left them, some affected to consi- der as an oblique hint, that the meeting had the secret ap- proval, although not the public sanction of government — a presumption which satisfied the loyal scruples of a few, half

hesitating brethren.*

* Baillie, vol. i. p. 119-

494 HISTORY OF SCOTLAND.

BOOK LXXXII. The departure of the commissioner was followed v^- by a free and unrestrained examination of all the evils of 1638. which they complained, and of all their causes. The six as- Assembiies semblies, since the accession of James to the English crown, declared which were considered the sources of the whole dissensions null, in the church and state, were declared null and void, upon

reasons which even Hume is constrained to allow were I " pretty reasonable/'* From the assembly held at Linlith- I gow, 1606, eight of the most able ministers of the church, had been forcibly detained. The acts were sent down framed from court, and one, ordaining bishops to be con- stant moderators of general assemblies, which never was vot- ed, was inserted among them. In that held at Glasgow, -1608, nobles and barons were sent thither to vote by the simple mandate of the king, besides four or five members from several presbyteries, and thirteen bishops, who had no commission. Against the assembly of 1616, at Aberdeen, notorious bribery was urged, and a shameful substitution by the primate, of sixteen of his own creatures, in the room of sixteen lawfully chosen commissioners. For the meeting at St. Andrews no one contended, its illegality stood undis- puted. But the objections brought against that of Perth, 1618, were the most numerous, as it had been the most noxious. Its indiction was pronounced informal. The arch- bishop of St. Andrews assumed the chair as moderator without election; members regularly chosen, but suspected of being opposed to court measures, were struck out, to make room for others who were expected to be more pliable ; and the manner of putting the vote, in which an improper use was made of the king's name, to influence the members, was of itself oppressive, and sufficient to annul their pro- ceedings.

LXXXIII. The moderator, in pronouncing the decree ol the assembly against the six corrupt convocations, expressed his hope that they would now only remain as so many bea- cons, that the church might not again strike on such rocks. As a natural consequence of these assemblies being declar- ed illegal, and their proceedings annulled, all the oaths ol

• History of England, vol. vi.

CHARLES I. 495

conformity imposed by the bishops became also illegal, and BOOK the ministers from whom they had been exacted at their ad- VI1 mission, were released from their obligation. Presbyteries, J638. and other church judicatures, which had been unjustly and violently obstructed by the bishops, were restored to their And their original rights. The articles of Perth, and whatever these assemblies had enacted, were rescinded, as contrary to the original confession of faith, by which they were held to have been abjured ; but as this confession had been taken in three different senses, they ordered it to be sub- scribed anew, with an explanatory clause, in which the ab- juration was expressly affirmed, and the meaning in which the covenanters understood it, unambiguously expressed. The liturgy and canons were condemned, as imposed with- out warrant from the church ; the forms of ordination and consecration, as introduced and practised without warrant either of civil or ecclesiastical authority ; and the high court of commission, as having neither act of assembly nor of parliament in its favour, and regulated by no law, human or divine.

LXXXIV. Episcopacy thus abolished, and the crooked, op- pressive, false, and disingenuous policy of two reigns en- tirely subverted, the pillars of the divine hierarchy were tried proccss a. and disposed of. Two archbishops and six bishops were ex- gainst the communicated, four were deposed,* and two, upon making humble submission, were only suspended from their ecclesi- astical functions. The charges which the assembly sustain- Charges on ed, were arminian doctrines, superstitious and papal innova- wlucn tn°y

were con-

tions, illegal imposition of oaths, tyranny and oppression demned. in suspending and deposing, for no cause, but adherence to the principles of the Scottish church, some of her worthiest members. The imputations against their private conduct were an utter disregard of decency, and a relaxation of mo-

• The bishop of Argyle had his sentence mitigated by an opportune witti- cism. When it came to the voting, Mr. Alexander Carse, who was first called on, answered, " It is said of one of the Roman consuls, that he was so vigi- lant, that he slept none all his time, for he entered on his office in the morning, and was put from it ere night. So it was with this prelate, for he was not well warmed in his cathedral chair, till both chair and cushion were taken from him ; therefore depose him onlyJ'

496

HISTORY OF SCOTLAND.

1638.

Ministers excluded from civil power.

BOOK rals, which had been sufficient in less scrupulous times, to have authorized their being removed from stations of such high responsibility, as that of teachers of religion. While gloomy, morose, unsocial fanaticism is urged and reiterated against the covenanters, and even alleged as an excuse for the excesses of their opponents, it is unfair to conceal the flagrant improprieties of the episcopalian clergy, which had no inconsiderable effect in rendering the others more scru- pulous and precise in the indulgence of even innocent amusements ; the irregularities of the former, produced, per- haps, by a terror of being esteemed puritans, naturally cre- ated a necessity for the latter avoiding even the appearance of deviating from the most rigid line of propriety.

LXXXV. To prevent the recurrence of that most deadly of all the episcopalian sins — and which is not only in- consistent with, but diametrically opposite to both the spirit and the letter of a Christian pastor's commission — civil power in churchmen ; an act was passed against mi- nisters holding any seats in parliament, exercising the office of justice of peace, lords of session, or judges in the exchequer. But, as by this deed, ministers were excluded from the estates, the elders who were members, were so- licited to exert themselves to obtain a ratification in par- liament, of the acts of this assembly. Before closing the assembly, they asserted their right to meet by appoint- ing their next session to be at Edinburgh, on the third >f Wednesday of July, 1639 ; but at the same time, reserving blyappoint- the right of the king, by ordaining, that if it should please his majesty to indict a general assembly, all presbyteries, universities, and burghs, should send their commission to keep the time and place he should appoint ; and it a pears evident, notwithstanding all that had occurred, that the king might have retained unimpaired, his civil power and prerogative, according to the constitution of the state, could he only have been content not to have forced upon their consciences, a form of church government, and a ritual abhorrent to the nation; had he complied with what it is never justifiable, and seldom safe for a king to refuse, — the uni- versal prayer of a people goaded to the verge of resistance by an imperious party, who claimed the exclusive praise of

CHARLES I. 497

loyalty, and abused their sole access to the royal ear ; for BOOK the presbyterians were far from wishing to come to a rup-

ture, and in their supplication which they presented to him, 1638. soliciting his sanction to their acts, they entreat his com- pliance in language the reverse of disaffection, and which their stubborn, inflexible opposition ought to have freed from the charge of sycophancy, or insincerity. " We hum- bly beg," say they, " and certainly expect, from the bright beams of your majesty's countenance, shining on this your majesty's own kingdom and people, all our storms shall be changed into a comfortable calm, and sweet sunshine; and that your majesty's ratification in the ensuing parliament, Their ad- shall settle us in such a firmness and stability in our religion, as shall add a further lustre unto your majesty's glorious diadem, and make us a blessed people under your majesty's long and prosperous reign ; which we beseech Him who hath directed us in our affairs, and by whom kings reign, to grant unto your majesty, to the admiration of all the world, the astonishment of your enemies, and comfort of the godly." But Charles preferred the hollow flattery, and the idle state of a few worthless prelates, to the esteem, affection, and gratitude of such men ; and rather than give up a liturgy — at best of very equivocal utility — and a hierarchy burden- some to the state, and hateful to the people, he was willing to involve his kingdom in all the horrors of civil war, and stake his life and his crown upon the issue.

LXXXVI. The work of reformation thus thoroughly and unexpectedly completed, the assembly, after having sat twen- ty-six days, rose triumphantly* " We have now cast down," riscs> said Henderson, " the walls of Jericho, let him that rebuild- eth them, beware of the curse of Hiel the Betheiite." To the heroic patriotism of this assembly, Scotland owes much. The wisdom of their measures, was not less conspicuous than their courage and their zeal. The leaders were always pre- pared for every event, and the decided step they took in dis- regarding the commissioner's orders to dissolve, was not less necessary for their own individual safety, than it has been ul- timately advantageous to their country. Had they dissolved without razing the foundations of prelacy, it would not have been long ere the fabric had been rebuilt, with greater cau-

VOL. III. 3 S

498

HISTORY OF SCOTLAND.

'roceeds'to court.

**on PernaPs> but witn m°re durability ; and those seeds of liberty which they watered, and which braved the storms of half a century, ere they ripened into fruit, had probably ne- ver blossomed. Had Charles succeeded in effecting his pur- pose in Scotland, in ruling there by his prerogative, England, divided as it was, would have been forced to bend under the yoke of despotism, and Britain might have had yet to strug- gle for rational freedom. The power of this assembly to an- nul what had received the sanction of parliament, has been questioned. A case of such imperious urgency would have justified them, had they even done this. When all is at ha- zard, when fortune, liberty, and life are in peril, it is no time to search for precedents. Self-preservation tells a man, to provide first against/danger, and afterward, he may search for precedents, or ask for bills of indemnity ; but the assem- bly did not do this, they annulled what they had a right to annul ; — the irregular and illegal proceedings of their own assemblies — and if, when they were found to be nullities, the acts of parliament, which proceeded upon the supposition of their being regular and according to law, fell to the ground, the blame must attach to those who built upon the sand, not to those who exhibited the frailty of the foun- dation.

After he left the assembly, the marquis set out for Hamil- ton, whence, after depositing some of the bishops in a place of safety, he proceeded to Edinburgh, and reiterated his proclamation dissolving the assembly, which was attended with the usual accompaniment of a formal protest. Vexed at the failure of his attempts, and worn out with mental anx- iety and bodily fatigue, the marquis was detained in Scotland *°r some ^me ^J indisposition ; but about the close of De- cember he set out for London, to exculpate himself to the king, to learn the real state of the armament, and concert a plan of operations for a contest, which appeared now inevi- table.

THE

HISTORY OF SCOTLAND.

BOOK VIII.

Charles I. — His preparations for war — Covenanters receive arms from France. — Their manifesto. — Royal Army assembles at York — Covenanters take Edinburgh and Dunbarton Castles — Proceedings in the North. — Montrose takes Aberdeen — Makes a Treaty with Huntly. — Brings him prisoner to Edinburgh — Hamilton arrives with a fleet in the Forth — Town Council of Edinburgh refuses to publish the King's proclamation. — Negotiations with Ha- milton— Aboyne retakes Aberdeen. — Dispersed at Dee-bridge — The Royal Force advances from York — Covenanters arrive on the Borders. — Encamp at Dunse-law. — State of their army — Negotiations. — A Treaty concluded. — The Covenanters disband their troops, and deliver up the castles. — An Assembly held. — Causes of the bygone evils in the Church and the re- medies.— Council sanction the Covenant — The King refuses to ratify the Acts of the Assembly. — A Parliament. — Its sudden prorogation. — Remon- strance by the Estates and Covenanters. — The King decides on Hostili- ties.— Deputation from Parliament sent to London. — Earl London's Speech before the Council — Letter of the Nobles to the King of France. — Loudon committed to the Tower. — Death of Archbishop Spotswood. — Earl of Stir- ling— Knights of Nova Scotia — Van Tromp defeats the Spaniards in the English Channel. — Proceedings of the English Parliament. — Armaments — Proceedings of the Scottish Parliament proclaimed treasonable. — Proceed- ings of Argyle and Monro — Assembly held at Aberdeen — Discussions re- specting private meeting for religious exercises. — Earl of Loudon released and sent to Scotland Covenanters' army enters England — Their Consi- derations and Intentions — Battle of Newburn-fords. — Dunbarton Castle taken. — Dunglas powder magazine explodes — Edinburgh Castle surrenders, — Covenanters supplicate the King for peace. — State of their army.— Cor- respondence of Montrose with the King discovered. — Council of Peers advise negotiations with the Covenanters — Commissioners meet at Rippon. — Conferences removed to London. — A Truce concluded — 1639-4 .

I. THE year 1639 is remarkable, in the history of Scotland, BOOK for the commencement of hostilities between the king and his __VHL_ subjects. Charles, who had long looked forward to this c^f£'s j issue of his disputes, had his preparations in a formidable

500 HISTORY OF SCOTLAND.

BOOK state of forwardness ; his artillery was ready in June pre- _ ceding, arms to a considerable extent were commissioned 1639. from the continent, his fleet was equipped, and he had two tary'prepa- nundred thousand pounds in his exchequer. In the month rations, of January Hamilton arrived at Whitehall, and learned the intentions of his majesty. He proposed to lead in person an army of thirty thousand horse and foot, which was to as- semble at York where all the nobility, with their attendants, Plans. were summoned under the pretence of repelling invasion; Berwick and Carlisle were to be garrisoned ; the west coast was to be invaded from Ireland, by the earl of Antrim ; ; and the navy, with a land army of five thousand men, was to co-operate with Huntly in the north ; who were first to se- cure that quarter, and then march south, while Charles ad- ; vanced by the east coast.

n. The king's armament had neither been so secretly, nor could it so speedily be executed, as not to communicate alarm to the Scots, whose leaders were too determined, and too acute, to allow themselves to be either dismayed at its i magnitude, or taken unawares at its approach. It is impos- ; sible to say exactly at what time they first began to enter- tain the ideas of resistance, because the steps by which they were led on, till they made their ultimate appeal to an arose so gradually out of the circumstances in which th< were placed, that had it not been for their uncommon o-acity, and their accurate intelligence, the king must inevi- tably have got the start, They soon, however, received effectual pecuniary aid from an unexpected quarter, which enabled them to purchase arms and ammunition. Fran< and Holland had combined against Spain, with the intention of seizing and dividing the Low Countries, and were anxious to secure the neutrality of England, whose maritime power they dreaded. Richlieu sent D'Estrades to Charles to pro- pose any terms to obtain this, and even promised the assist- ance of French troops to aid him in reducing his rebelli- He refuses ous subjects ; Charles however rejected the proposals, and France. told the ambassador who made them, that he had a squadron ready, and, if necessary, would cross the sea with fifteen thousand men to prevent the conquest ; — thanked the French minister for his offer, but said, he had no need of any foreign

CHARLES I. 501

assistance to reduce his subjects ; his own authority, and the BOOK laws of England, were sufficient to compel them to do their

duty. 1639.

IIT. Richlieu's pride was irritated, and, in revenge, he de- termined to avail himself of the troubles in Scotland, for giving employment to Charles. In a letter to D'Estrades he tells him, " before the end of twelve months, the king and queen of England shall repent having refused the proposal which you made them from his majesty; and, if God blesses our undertaking, his majesty will have no great reason to regret that England has rejected his offers." A hundred Richlicu in thousand crowns were in consequence furnished by the car- conse-

•* * quence

dinal, who employed his almoner, Chambers, to reside as a sends mill- secret emissary in Scotland ; these were employed on the taryst°res continent in the purchase of military stores, which were clan- land. destinely imported by the Scottish merchants.

iv. Alexander Leslie, who had greatly distinguished him- General self in Gustavus' service, was invited bv his chief, the earl ,? f 5 e"

* ... called from

of Rothes, to return to his native land, and assist in its the conti- defence ; and by his influence the most experienced officers, nent' who had been trained under the same great leader, were recalled to instruct their countrymen in the use of arms. There was, however, one main obstacle to be overcome; the nation had, during a long period, been unaccustomed to warfare, and now, when it appeared in the form of a con- test with their king, a number were ready to cloak their want of military ardour under the plea of the duty they owed to their sovereign ; and not a few of those who had conformed were impressed with the notions of passive obe- dience, which the prelates so constantly rung in their ears. They conceived it might be just and necessary to resist the Doubts as monarch, so long as this could be done in the assembly or to.the P''°-

. pnety of

the estates, yet were not equally persuaded of the propriety taking of doing so in the field ; but when the king's proclamation appeared denouncing them as traitors ready to invade Eng- king. land, no man could longer remain neuter, and it became necessary their minds should be resolved.

v. A manifesto was ordered by the tables, to be drawn Manifesto up and circulated, entitled, a state of the question, and. rea- of thc covc*

r. T • i I • nantcrs.

sons for defensive war. In it they say the question is not

502 HISTORY OF SCOTLAND.

BOOK about obeying his majesty ; this they never denied. They 11 *• cheerfully acknowledge their duty to honour, obey, and fear 1639. the king ; but they cannot see their obligation to obey evil and wicked superiors, in an evil thing; for if God com- mand one thing, and kings another, they consider it their duty to obey God rather than man. Nor is the question about invasion ; this, they add, our consciences abhor, and our actions deny ; it is simply about our own defence and safety ; and here there is a wide difference between a king residing in the kingdom, attentive to the statements of both parties, and correctly informed about the subject of dispute — and a king residing in a different country, listening only to one party, and misinformed by our adversaries. An- other weighty difference is, between private persons, or a few subordinate magistrates taking arms for resistance, and a whole nation standing to their own defence ; between a people rising against law and reason, that they may throw off the bonds of obedience, and a people holding fast their allegiance to their sovereign, and supplicating for religion and justice. The question then resolves itself into this : — In such a case is defensive war lawful ? or ought the peo- ple to defend themselves against extreme violence and op- pression, bringing utter. ruin and desolation on the kirk and kingdom, upon themselves and their posterity ? That they ought, they deduced from a variety of reasons; — from the very absurdity of absolute sovereignty, and unlimited au- thority residing in princes ; from the end of magistracy in- stituted for the good of the people, and their defence ; the body of the magistrate is mortal, but the people, as a so- ciety, is immortal, and therefore it were a direct overturn- ing of all the foundations of policy and government, to pre- fer subjection to the prince to the preservation of the com- monwealth, or to expose the public, wherein every man's person, family, and private estate are contained, to be a prey to the fury of the prince, rather than by all their power to defend and preserve the commonwealth ; from the law of na- ture, as mariners and passengers may save themselves, by resisting him who, sitting at the helm, would drive the ves- sel against a rock, or by hindering the prince himself, not only by supplication of mouth, but by strength of hand, to

CHATtLES I. 503

govern the ship to their certain shipwreck ; from examples BOOK in scripture ; from the mutual contract between king and vm- people, acknowledged in the coronation ceremony ; from acts 1639. of parliament, ratifying the authority of the three estates ; from their own civil and ecclesiastical history ; and from the covenant lately sworn and subscribed, binding them to de- fend the king's majesty's person in support of the true re- ligion, and to protect the true religion against all persons whatsoever.

vi. Nor were the pulpits silent ; the necessity of self-de- Exhorta- fence was insisted on, the dangers that threatened religion *

and the commonwealth were strongly pointed out, and the sin of standing back in the day of trouble, was threatened with the curse pronounced against those who came not to the help of the Lord against the mighty.' Their arguments and exhortations were not ineffectual ; a spirit of enthusias- tic zeal for the cause was universally excited, and every where men pressed to enlist under the banner of the cove- nant. But while endeavouring to rouse the martial spirit of their countrymen, they used every means to assure the English nation of their ardent desire for peace, and their aversion to the smallest acts of hostility against them. In vain did the king interdict the publication of Scottish de- clarations, they were spread extensively through the coun- try, and a fellow feeling was excited in the breasts of the puritans, for men whose principles and wrongs were so si- milar to their own. With their open avowal of their inten- Prudent tion to defend themselves against invasion, the tables adopt- ed the most vigorous and wise measures for carrying their intention into effect ; they not only attempted to secure the friendship of the people of England, by explaining to them their motives, but wisely rejected all foreign assistance, as that which might have given them umbrage, although they had heard that the king had entered into treaty for some Spanish veterans from the Netherlands, of whose aid he was only deprived by accidental circumstances. A supreme com- mittee was appointed to reside at Edinburgh, with full ex- ecutive powers, and subordinate ones in every shire, for con- sulting on its proper defence, and providing arms The For de- commanders, who had served abroad, were distributed fencc'

504 HISTORY OF SCOTLAND.

BOOK throughout the counties, to instruct the officers and exercise the men, and every fourth man was ordered to be levied. 1639. All expert smiths were put in requisition, for the fabrication of musquets, carabines, pole-axes, Lochaber-axes and hal- berts ; and magazines and beacons were established in each shire.* A permanent body of two thousand foot were placed under Monro, as a seminary for training the rest of the country, and to be always ready, either to repress any sud-

And train- (Jen incursion on the borders, or overawe any appearance ing the „ . , / ; .

people. ot insubordination among themselves ; and tor their pay

the nobles borrowed from Mr. William Dick of Priestfield, afterwards provost of Edinburgh, 200,000 merks, and gave their joint bond for that sum, till money could otherwise be raised. Argyle undertook to maintain nine hundred men, for the protection of the west coast from the Macdo- nalds of the Isles, and the arrival of Antrim, their chief, from Ireland.

Royal ar- vii. The king's forces, on the appointed day, assembled WeVat0111" at York, amounting to three thousand horse, and twenty York. thousand foot, the command of which was intrusted to the earl of Arundel, a nobleman of great family, but of no mili- tary experience. The earl of Essex, who had seen consi- derable service, and was extremely popular among the soldi- ery, was appointed lieutenant-general. The earl of Holland, said to be a favourite of the queen, was general of the horse.

* The following were the instructions for alarming the country in case of danger. " That no shire might want advertisement, it was thought fit that beacons should be set up in all eminent places of the country, that so any danger that appeared at sea, might be made known by the beacons running along the country ; which beacons were a long and strong tree, set up with a long iron pole across the head of it, carrying on it an iron grate for holding a fire, and an iron brander fixed on a stalk in the middle of it, for holding a tar barrel, and the manner of advertisement was this : — The first fire was upon the ground, beside the beacon, on the sight whereof, all were to provide themselves to stand to their arms, and set out watches to advertise others. The next advertisement was by two fires, the one on the ground, and the other on the large grate, on the sight whereof, all were to come out, first to the rendezvous of their company, and then of their regiment, and if the dan- ger was imminent, to the two former signs were added, that of the burning tar barrel, and lest, through rain or mist, or the people being at rest, these bea- cons should prove abortive of the end designed, the next adjacent gentlemen were to warn all betwixt that and the next beacon, going out one way and coming in another." Inst. No. 6.

CHARLES I. 505

tn addition to the funds in the exchequer, the clergy were BOOK called upon by Laud, to contribute; and the papists, by the

influence of the queen, came liberally forward to support his 1639. majesty in the episcopal crusade.

viu. The Scots, though unwilling to commence any war- Covenant- like operations, yet, aware of the danger of leaving enemies ^'nce™ behind them, determined to secure their rear before they ad- operations. vanced to meet the invader. Huntly had begun to arm in the north, the earls of Airly and Southesk in Angus, and Douglas in the south ; they therefore planned the surprise of all the strong places not held by their friends. Edinburgh castle had only a feeble garrison, and was ill supplied, but when Leslie appeared before it, the captain refused to sur- Take Ed- render ; on which, after a short parley, a petard was brought inbtirgk to the outer gate, which was immediately blown open. Axes and hammers demolished the inner, and in less than half an hour, the covenanters had possession without the loss of a man. On the same day, Dunbarton was taken by stratagem. Dunbarton, It was well garrisoned and supplied, and the governor was staunch to the opposite party ; but being invited to, or en- tering without suspicion, the church of Dunbarton on a fast, accompanied by the greater part of the soldiers, the provost of the town, and Campbell of Ardincaple, took the whole prisoners, and the few who remained on the rock, at the first summons surrendered.* Traquair's residence at Dalkeith, Dalkeith was taken possession of by Monro and 500 men, who found house- there the arms and ammunition intended for Edinburgh cas- tle, a considerable quantity of provisions, and the regalia, which, in spite of his denunciations of treason, they carried off in triumph, and lodged in the fortress of the metropolis. The castles of Tantallon and Douglas, belonging to the mar- Tantallon quis, who was a papist, were also both seized upon, and Car- laverock, protected by the vicinity of Carlisle, and well man- ned and provided, was the only strength of which they did not obtain possession.

ix. In the north, where Huntly had collected a consider- able force, appearances were more threatening. Against him, therefore, Montrose and Leslie were despatched. They

*Baillie, vol. i. p- 1*9- VOL. III. 3 T

506 HISTORY OF SCOTLAND.

.BOOK appointed Turreff, a village in Aberdeenshire, north-west of

VTTT

Aberdeen, as the place of rendezvous for all the adherents

1639. of the covenant in that quarter, and soon found themselves Proceed- at the head of a considerable body of men. Huntly, inform- north. fid of the intended meeting, raised about two thousand five hundred horse, and advanced to disperse them, but they were too well posted to be attacked ; Montrose could not act without Leslie, who happened at the time to be absent ; they therefore gazed at each other, and without exchanging either courtesy or blows, Huntly retired, and next day Mon- trose returned south. The formidable array of Huntly at Turreff, demanded that he should either be rendered inca- pable of mischief, or attached as a friend, and the tables or- dered their generals instantly to re-assemble their army ; but Huntly for- Huntly had augmented his forces, and taken possession of deen. ' 'T~ Aberdeen, which he slenderly fortified with the assistance of the inhabitants, who were almost all non-covenanters. His orders were, however, to act entirely upon the defensive, un- til he should receive reinforcements from England ; and for this purpose, he endeavoured to protract the time till their arrival, by proposing to Montrose, that he should remain on the south of the Grampians, till it was ascertained whe- ther there was any likelihood of a treaty being concluded be- tween the king and the covenanters ; he pledging himself to remain quiet within the bounds of his own lieutenancy. Mon- trose answered, he was oi-dered by the general assembly to visit the college of Aberdeen, which he intended to do, but in no hostile manner.

x. On the advance of Montrose, Huntly, who could not

cope with him, and who alleged that he was restrained by

his orders from fighting, retired homeward, and the doctors,

Montrose and several other high episcopalians, fled to Berwick. After

demolishes vjsjtjnor the college, in which only one professor was left, and

the fortifi- . .

cations. demolishing the fortifications, he proceeded to Inverury, where he pitched his camp, and whence he sent to Huntly, requesting an interview. To this Huntly agreed, and the way in which it took place, is highly descriptive of the sa- vage and suspicious manners of the age and country, " The place of interview between Huntly and Montrose, was mu- tually agreed to be Louiss, a country village, some five miles

CHARLES I. 507

north of the covenanters' camp, and nine miles south of BOOK Strathbogie. There were twelve gentlemen appointed to be VIII. on each side, armed only with walking swords. Both par- 1639. ties kept the appointment; but before the parley, there was His inter'

'• view with

a gentleman deputed irom either side, to search the counter Huntly. party for hidden arms. Huntly afterward proceeded to the covenanters' camp, when a pacification for the north was agreed upon, Montrose to march south, and the marquis agreeing not to disturb any of the covenanters within his bounds ; at the same time signing a paper, in substance si- Concludes milar to the covenant, but yet so equivocally written, that the historian of the house of Gordon, very furiously accuses bishop Guthrie of falsehood, for asserting that it has the smallest resemblance. In the paper Huntly subscribed,* he obliged himself to maintain the king's authority, together with the liberty and religion of the kingdom, which, as he would interpret it to mean episcopacy, his own persuasion, and they presbytery as what they intended, it is evident the partisans of each might with equal justice accuse the other of being mistaken ; certain it is, however, that neither were satisfied, although both separated, apparently considering every thing as terminated.

xi. Montrose returned to Aberdeen with the army,f and

" Straloch MS. History of Gordon.

f Spalding gives a curious and particular account of this army, at their entry into Aberdeen. " They were estimate to be about 9000 men, horse and foot with their carriages ; they had two cartons, or quarter cannons, fol- lowing them, with twelve piece of other ordnance ; they might easily come to Aberdeen that night, having daylight enough, but they would not come, but stentet their pavilions on the hill, and rested there all ni^ht. Upon the mor- row, being Saturday 30th March, they came in order of battle, well armed, both on horse and foot, each horseman having at least five shot with a cara- bine in his hand, two pistols by his sides, and other two by his saddle ; the pikeman in their ranks, with pike and sword ; the musketeers in their ranks, with musket, staff, bandalier, sword, powder, ball, and match. Each company, both of horse and foot, had their captains, lieutenants, ensigns, Serjeants, and other officers and commmanders, all for the most part in buff coats ; and in goodly order. They had five colours or ensigns, whereof the earl of Montrose had one, having the motto, " for religion, the covenant, and the country," the earl of Marischal had one, the earl of Kinghorn had one, and the town of Dundee had two. They had trumpeters to ilk company of horsemen, and drummers to ilk company of footmen j they had their meat, drink, and pro- visions carried with them. The marquis' family, when they were dwelling in

508

H1STOKV OF SCOTLAND.

Has an- other in. terview

BOOK employing that species of argument, unfortunately too fami- liar to all ruling parties, he imposed the covenant upon the town ; and the magistrates' subscription was accepted as an equivalent for a contribution, which perhaps, it might have been much more difficult to procure. While performing ien' this pious service, Montrose invited Huntly to another con- ference, and Huntly, on receiving a safe conduct, sealed by the general, appeared at head-quarters ; where, after some preliminary conversation, the marquis was addressed, " my

mth Hunt- jorc^ seejng we are an now friends, will ye go south with us ?" He replied, he was neither inclined nor prepared at the time, for such an excursion. " Your lordship,1' said the gallant Montrose, " would do well to go with us." The marquis perceiving his aim, quickly answered, " my lord, I came here to this town, upon assurance that I should come and go at my pleasure, without molestation, but I saw by the manner in which my lodging was guarded, that I was not left at liberty ; and now, contrary to expectation, ye would take me, and whether I would or not, carry me to Edinburgh ; this, in my opinion, seems neither fair nor honourable; how- ever, my lord, give me my bond whilk I gave you at In- verury, and you shall have an answer." On which the bond was delivered up, then he said, " I will go with you ;" and he and his eldest son, lord Gordon, were carried pri- soners to Edinburgh, where they remained confined in the

prisoners castle till the treaty. Wishart, in his romantic history of

to Ldiu- -. T . ,, TT , . . * ,

burgh. Montrose, is at a loss to account for Huntly s antipathy to his hero, even after he had changed his party, except upon a principle of envy; the foregoing narrative will easily unravel the mystery, and shows that Huntly, without being envious, might justly be suspicious, both of the honour and promises of a man, whose own seal bore witness against him.

Carries him and his son

the town, had ribbons of a red, flesh colour, which they wore in their hats, and called it the royal ribbon. Mostly all in this army had blue ribbands, called the covenanter's ribband. They entered Aberdeen about ten hours, and marched to the Links directly, where muster being made, all men were by sound of trumpet, in general Montrose' name, commanded to go to breakfast, either in the Links or in the town. The general himself, nobles, captains, commanders for the most part and soldiers, sat down in the Links, and of their own provision, with a servit on their knee, took breakfast."

CHARLES I. 509

xii. Leith was an object of too great national importance BOOK to be overlooked, and its fortification was undertaken with VIII> an enthusiasm equal to its importance. The ruins of the 1639 old works yet remained, but sir Alexander Hamilton, who Lcith for acted as engineer, abandoned the French lines, and traced tified' out new, and more modern ones, according to the then im- proved state of the art. The first baskets of earth were car- ried by the noblemen, the chiefs of the covenanters, and all ranks emulated and encouraged each other in forwardin^

O O

the labour; nor did ladies of distinction disdain to excite by their example, the most sturdy exertions of the men, in the transport of materials. Night and day there was no inter- mission, and the port speedily put in a respectable state of defence, secured the capital from assault by sea. The towns along the coast of Fife, were also hastily surrounded by bat- teries, on which ship-cannon were mounted; Inchkeith and Fife. Inchcolm alone were neglected, and allowed to remain as

O '

points of rest for an enemy entering the Forth.

xni. Hamilton, to whom the command of the fleet, much against his inclination, was committed, received orders from the king while he lay at Yarmouth roads, desiring him to sail directly for the Frith of Forth, and endeavour to create some "awful diversion;"* but the troops he had on board Hamilton were so miserably trained, that out of about five thousand, 'thc Fortj, scarcely two hundred could fire a musket. As soon as lie appeared, the beacons were in a blaze, and in a short time, twenty thousand defenders guarded the shores of the Forth. Leith being inaccessible, he cast anchor in the roads, after sending a fruitless summons to the provost of Edinburgh, requiring the surrender of the castle and of the port. His men, besides the sea sickness, were afflicted with the small pox, and he was forced to land them on the barren islands, which the covenanters had neglected to occupy. He next sent an order to the town council, to publish a proclamation from the king, professing great affection for religion, and promising to defend it; and to allow the covenanters all the benefit of his majesty's and his commissioners' promises and offers ; also, proffering a gracious pardon to them, if they

Burnet's Mem. p 121.

\

510 HISTORY OF SCOTLAND.

BOOK gave up his castles and forts, laid down their arms and ac-

V*H- knowledged his authority within eight days ; but declaring

1639. all such traitors, as should not within that space, comply

'council of w^ l^e terms and SUDmit, and that their estates should be

Edinburgh given to their superiors or vassals continuing loyal, or con-

tmbMsh'the tr'buting to suppress them. This order the council declined

king's pro- to obey, and requested he would excuse their refusal, as the

on* estates were expected to meet in a few days, in obedience to

the royal mandate, when the paper should be laid before

them. With this he deemed it prudent to comply, and wrote

in the mean time to his majesty, informing him of the strength

of the covenanters, and advising him to treat.

xiv. When the members of the estates arrived in Edin- burgh, they were met by a royal order proroguing the par- liament, which they submissively obeyed, after having ap- pointed general Leslie commander-in-chief, with unlimited powers, accountable only for his conduct afterward to the ecclesiastical and civil courts ;* and likewise nominated lord Balmerino governor of Edinburgh castle. A number of the noblemen and gentlemen, however, who had assembled, ap- proved of the refusal of the magistrates to publish the pro- clamation, and assigned their reasons in a letter to the mar- Nobles ap. quis : — Because, although it was an edict printed in a foreign thereon- country, and not warranted by act and authority of the coun- duct ; cil, lawfully convened within the kingdom, it yet denounced the penalty of high treason against all such as would not ac- cept the offers it contained ; " And your grace knows well," they add, " that by the laws of this kingdom, treason and forfeiture of the lands, life, and estate of the meanest subject within the same, cannot be declared, but either in parlia- ment, or in a supreme justice court, after citation and lawful probation ; how much less of the whole peers and body of the kingdom, without either court, proof, or trial." They And desire conclude, by requesting that he would procure for them a to procure ^ree parliament, as the best remedy for settling all their af- a free par- fajrs . fo^ jn the interim, desire, that he would point out

liament. , . . . . . . ,

some way in which their representations might reach the royal ear, as they were confident they could prove that they

• Baillie, vol. i. p. 166.

CHARLES I.

were loyal and upright subjects, and make it evident to his BOOK majesty and to the world, that their enemies were traitors to vm- the church and state. ^Zj

xv. A negotiation was in consequence entered into, and Negotia- protracted by Charles' desire, till he should hear of the ad- vance of the royal army to the borders. The inactivity of Hamilton was ascribed, as he himself suspected it would be, to a treasonable correspondence with the enemy ; but set- ting aside the express orders of Charles, it is unneces- sary to look farther than to the force that he com- manded for his excuse, and for his absolute inability to do any thing decisive. In the north there was no defi- ciency of untrained men, and in the frith, had all his sol- diers been picked, they were too few to have made any very serious impression; but more honourable motives have been Reasons as

assigned for his aversion to precipitate measures, — his filial f'?n.ed fof .,,.—.„, his macu-

piety, and his affection for his country. His mother, who vity.

was a zealous covenanter, had raised some troops, whom she headed herself, and it was said, had expressed the heroic resolution of putting her son to death with her own hands, if he dared to land as an enemy in his native country. His representations to Charles prevented the noble lady's reso- lution, if she indeed formed it, from being put to the test ; he received orders to send two of his three regiments to

o

Holy Island, and not long after, was summoned to head- He and his quarters himself. During his stay he committed no ravages caned!" upon his countrymen, although he discharged his duty to his king, by interrupting the trade of Leith, and seizing and sending to the royal army, every munition of war, upon which he could lay his hands. What he could he did for Aboyne, he gave him officers, but to men accustomed only to obey their chieftains, and these chieftains unfit themselves to command, and unwilling to delegate their authority, the best officers could be of little service. A brief view of the comparatively unimportant affairs in the north at this period, will evince the impracticability of any thing having been ef- fected, except a powerful, well disciplined force could have been sent to co-operate in that quarter.

xvi. The Gordons, dissatisfied with the imprisonment of ?pte™tlOM their chief, were restless and anxious to rise, but wanted a north.

512

HISTOKY OF SCOTLAND.

BOOK VIII.

1639.

Trot of Turreff— Gordons take A her deen.

March &- gainst the covenant- ers.

Return home.

Montrose again plun- ders Aber- deen.

leader, as lord Aboyne was in England, and the boys who were at home were too young for service. On hearing, however, that the covenanters' committee was to assemble at Turreff, they agreed that sir John Gordon of Haddo, and sir George Ogilvy of Banff, should have the joint com- mand ; and that under them, they would attempt to disperse the meeting. They advanced about 900 strong, with two field pieces, and coming unexpectedly upon the village, their adversaries, who had first notice of their approach from the sound of their trumpets, ran, but without any order, to arms. A few muskets, and a shot or two from the artillery, were sufficient to disperse the crowd, who fled in the ut- most confusion, but with no great loss. This action, known as the Trot of Turreff, inspired their hopes, and encourag- ed a body of the Highlanders to join them ; and marching to • Aberdeen, they took possession of the town, where they lived at free quarters upon the proselytes of the covenant. While here enjoying themselves, they were desired by Gor- don of Straloch to return home, as having no commission from the king, it would be difficult to vindicate their con- duct. With this advice they were preparing to comply, when they learned that the covenanters of the north, under the earl of Seaforth, lord Lovat, the Dunbars, the Inneses of Moray, and the Grants of Strathspey, were in arms against them, and that Montrose was also preparing to attack. En- vironed by enemies, they determined to crush their northern opponents, before the more formidable southern foe could advance. With nearly a thousand foot, and three hundred horse, they crossed the Spey, and about sunrise, encamped on an eminence nearly two miles from Elgin, where the enemy lay, amounting to between two and three thousand horse and foot. A parley ensued, in which it was agreed, that the one should not pass south beyond the river, and the other returned home. The Gordons immediately marched quietly back.

xvu. Meanwhile Montrose once more entered Aber- deen, with an army of nearly four thousand horse and foot, and levied from the citizens ten thousand merks, besides spoiling their houses, devouring or destroying their corn, and robbing the fishermen of their salmon. In the country

CHARLES I. 513

round, the meal girnals were broken up, not a fowl left, and, BOOK " because the lasses, in derision of the covenant, had knit y11 blue ribbands about their messen's craigs," not a single house J639. dog was suffered to live.* In vain did the Aberdonians re- mind the general that they had taken the covenant. He had, unfortunately for their sincerity, intercepted some of their letters on his march, in which they assured his majesty of their devotion to his service. The earl's stay was but short ; he marched to attack the strengths of the Gordons. The first he summoned was the castle of Gight; but sir Ineffectu. George, with lieutenant-colonel Johnstone, determined to 8iegege" defend it to the utmost ; and Montrose, after battering it for Gight. two days, raised the siege in a hurry, on hearing that Aboyne had arrived with reinforcements in Aberdeen roads.

xvin. Aboyne, who had received a commission of lieuten- Earl of A- ancy from the king, in a short time assembled an army of j^jj^6^" three thousand foot, and five hundred horse, with whom he berdeen. easily retook Aberdeen ; after which, he proposed to attack the earl Marischall, then marching to Angus, join the earl of Airly, and, as they had no money, to support themselves in free quarters on the covenanters' lands. With this reso- lution they marched from Aberdeen along the coast, order- Marches to ing their vessels, with cannon and ammunition, to attend their progress ; but a westerly wind having blown the ves- sels off the shore, a possibility of which they had no concep- tion, Gun, an experienced officer sent to direct their move- ments, was immediately suspected of treachery, because he had advised transporting the heavy artillery by sea. All confidence in their leader was now at an end, and every petty chief conceived himself at liberty, if not to direct at least to criticise the operations of the army. In the neigh- Skirmish bourhood of Stonehaven the covenanters were advantage- ously posted on a hill south of the village, and one Johnston proposed, that part of the army should attack its front, while another, making a circuit westerly, should throw themselves in their rear, and prevent their retreat to Dunnotter. To this Gun objected, and his treachery was considered as de- monstrated ; but the highlanders, who never had faced can-

• Spalding, vol. i. p- 160. VOL. III. 3 U

514 HISTORY OF SCOTLAND.

BOOK non, when the general, after much entreaty, allowed a skir- mishing party to push forward, justified the caution he had

1639. shown in avoiding an engagement ; at the first round they

fled, and sought refuge in a moss, nor could all Aboyne's

efforts recal them to the field. In a state nearly of mutiny,

the army returned toward Aberdeen, and after an ineffectu-

Aboyne's al stand at the bridge of Dee, they dispersed. The unhap-

perees at P7 ^ty' alternately the prey of the parties, again in Mon-

the Bridge trose's power, was fined sixty thousand merks sterling ; but

was saved from threatened destruction, by the annunciation

that very night, of a treaty being signed with the king, and

that all hostilities were at an end.*

The royal xix. From York the royal army advanced with all the pomp and circumstance of war, not as to uncertain combat,

from York, but as to a bloodless triumph ; for it never once was imagin- ed by the king, or hinted by his flatterers, that the Scottish rebels would dare to face him in the field; but as he pro- ceeded, the unwelcome truth broke in upon him, and what he was still more unwilling to believe, he found that the English were far from being hearty in the cause. Oaths and tests are always very uncertain securities for loyalty ; they in general are more offensive to the truly honest sub- ject, than efficacious in retaining the doubtful ; yet, in cases of dubiety, and particularly where governments are consci- ous of having merited distrust, they are multiplied with as much anxiety, and imposed with as much rigour, as if ex- perience had never yet discovered that their impolicy and weakness are in exact proportion to their strictness and num- ber. The king's council, previously to the army's approach- ing Scotland, recommended a protestation of loyalty to be made by both the English and Scottish nobles who were Lords Say with the forces. Lords Say and Brook, in his majesty's pre- refuse the s^nce, refused. If he suspected their loyalty, they said, he

declaration might proceed against them as he thought fit ; but it was

of loyalty • i i • i • i

required against the law to impose oaths or protestations upon them, from the when they were not enjoined by law, and in that respect,

nobles. , , . , , , ... ,

that they might not betray the common liberty, they would

" Spalding, vol. i. p. 176- History of the House of Gordon, vol. i. p. 282, 312. Burnet's Memoirs, p. 112. 140. Guthrie's Memoirs, p. 56,57.

CHARLES I. 515

not submit to it; and he, fearing the infection of their ex- BOOK ample, ordered the two lords to return home ;* the rest took VIII- the oath.

xx. Successive messages of the capture of his castles, and the increasing strength of the covenanters, reached Charles on his march ; and he learnt to form a pretty accurate esti- mate of the difficulties he would probably have to encounter ere the royal pavilion was pitched at Birks.f Influenced by this intelligence, a milder proclamation was issued, in which Charles is- the charges of treason and rebellion were omitted ; represent- ^t* con" ing that the king's armament was only intended to secure prociama peace ; and promising, upon a demonstration of obedience in uon* civil matters, that his majesty was ready to grant their just supplications ; but commanding them not to approach with- in ten miles of the royal camp. The main army of the Scot- covenant- tish had also arrived on the borders; Leslie was at Dunglas, ers on the and Monro at Kelso ; yet, still desirous of peace, and trust- ing that this was a break in the sky, they immediately obey- ed the order, as a token of their loyalty, and a proof of their They obey repeated declarations being honest, that their preparations were entirely defensive,

xxi. This submission was immediately construed into ti- Their sub- midity ; and Charles, elated at the symptoms of terror, as he "ng'tmed supposed, was, in an evil hour, persuaded to issue another into timidi- proclamation, as if on purpose to dissipate any favourable ty' impressions that his former might have made; and to con- vince his already suspicious subjects, that nothing but ne- cessity would ever make him sincere in his concessions. He required them to submit within ten days, or, in case of diso- bedience, declared them rebels ; set a price on the heads of He issues their leaders ; and offered their rents to the vassals and ten- q""'^"®" ants who should desert them, or to their feudal superiors, conditional who continued loyal. This proclamation was published at 8U Dunse by the earl of Holland, who entered the town at the head of two thousand horse, without seeing an enemy, and was received by the few who remained in it with loud accla- mations. On his return a council of war was held, informa-

* Clarendon, vol. i. p. 118.

t A plain on the south side of the Tweed, about three miles distant from Berwick.

516

HISTORY OF SCOTLAND.

BOOK VIII.

— ^— — — —

1639.

Lord Hoi, land retires before the covenant- ers.

They en- camp at Dunse Law.

Alarm of the Eng- lish.

tion having been received, that a party of fifteen hundred Scots were at Kelso, and thither it was resolved to send the general of horse to publish the proclamation also. Next day, June 3d, he proceeded with two thousand horse and two thousand foot, to carry his instructions into effect, and the day proving extremely sultry, the horse advanced, leav- ing the foot nearly three miles in rear. When within sight of the enemy, he commanded them to withdraw, to which they replied by sending him back a similar charge ; and on exhibiting their force — although exceedingly inferior in ca- valry—the English, panic struck, commenced a disorderly retreat, which, without a blow, was soon converted into an ignominious flight,* The Scots conceiving, by these pro- ceedings on the part of the king, that they were released from any obligation to remain inactive, and their general dreading lest any of their scattered parties might be sur- prised, advanced himself from Dunglas, and concentrated his forces on Dunse-law, in sight of the English, a strong position, which commanded the two high roads to the capi- tal.f

xxn. On the same day the king had a grand review of his whole army, who, in high order and holiday garb, made a gallant show on the parade ; but scarcely were they dismissed, when an alarm was given that the Scots were approaching, and the whole camp was instantly thrown into the utmost confusion and dismay. Some of the principal officers ran to the king's tent with the intelligence, and such was their con- sternation, that they actually pointed out the movement to his majesty ; but the king taking his prospective glass, walk- ed out coolly to the river side, where he plainly discerned the Scottish army encamped on the face of the hill, and turn- ing to his generals, asked contemptuously, " Have not I good intelligence, that the rebels can march with their army, and encamp within sight of mine, and I never hear it till their appearance gives the alarm ?"

xxni. This army, which the king estimated at sixteen thou- sand, was rapidly augmented to twenty-four ; for, on the first notice of the English incursions at Dunse and Kelso, the gen-

* Kushworth, vol. iii. p. 936.

•J Baillie, vol. i. p. 173.

CHARLES I. 517

eral committee sent expresses through the length and breadth BOOK of the land, representing the fruitless efforts they had made VI11- for peace, announcing the entrance of the enemy into the 1639. *

Merse, and exhorting all who loved their country, their con- Arra7 of IT the cove-

sciences, liberty, or lire, to hasten to head-quarters. The nanters.

whole country rose at the call, and every disposable man south of the Tay, prepared, if necessary, to swell the ranks of the covenanted band. " It would have done your heart good," said an eye-witness, with a degree of national exul- tation at the animating spectacle, " to have cast your eyes athort our brave and rich hills, as oft I did, with great con- tentment and joy ; our hill was garnished on the top, toward the south and east, with our mounted cannon, well near to the number of forty, great and small. Our regiment lay on the sides; the crowners* lay in canvass lodges, high and wide ; their captains about them in lesser ones ; the soldiers about all in huts of timber, covered with divot or straw; they were all lusty and full of courage, the most of them stout young ploughmen, great cheerfulness in the face of all." At each captain's tent door, was displayed a colour with the Scottish arms, and an inscription in golden letters, " For Christ's Crown and Covenant." Morning and evening the soldiers were summoned to sermon by the drums, and at dawn and sunset, the tents resounded with psalms, prayers* and reading the Scriptures. The scene was like a beatific vision to the ministers who accompanied the army, " for my- self," says Baillie, " I never found my mind in better tem- per than it was all that time since I came from home ; for I was as a man who had taken my leave from the world, and was resolved to die in that service without return." Nor were the grosser comforts of the soldiers unattended to. At first, from the inexpertness of their commissaries, their pro- visions were not regularly brought in, but when they were a little accustomed to it, the men were better fed than at home ; their regular pay was sixpence a day, a groat pur- chased a leg of lamb, and the meanest among them had wheaten bread regularly served out. The general kept open table daily at Dunse castle, for the nobility and strangers,

• Military commanders of counties, somewhat equivalert to co'onel.

518 HISTORY OF SCOTLAND.

BOOK besides a long side-table for gentlemen waiters, and as there

A7TTT

had been an extraordinary crop the preceding year, and all 1639. the people were forward to offer supplies, the camp abound- ed in every necessary of life. What formerly used to be the bane of Scottish armies — the emulation of their nobles, was repressed by the eminent wisdom of Leslie, their com- Their un- mander, who, though diminutive, old, and distorted, received an implicit submission their forefathers had seldom paid to their kings ; and the men, daily exercised in the use of arms, acquired a confidence in themselves, which the few days' training of hasty levies can seldom impart, while the exhorta- tions of their ministers, and the uniform success which had hitherto attended them, were calculated to strengthen their faith in the divine favour, and in the goodness of their cause. Every night the general in person, accompanied by his lieu- tenant, rode round the camp, and saw the guards set, nor did he omit any of the duties, which inspire soldiers with confidence in their leader.

xxiv. Although the Scots were amply provided for a short campaign, their resources were not sufficient for protracted operations ;* and now when their army was so formidable in number, discipline, and spirit, to have remained inactive, would have been as imprudent as it was impossible. Un- acquainted with the real causes of Charles' forbearance, they imagined his delay in attacking them, was to allow the pre- sent enthusiasm to subside, the fire-edge of the troops to be blunted, their resources to be exhausted, while their trade by sea was shut up, and all foreign supplies cut off; and then, by one simultaneous attack from the Irish on the west, the Gordons on the north, and himself in front, to accom-

* The circumscribed nature of their means may be gathered from the fol- lowing statement. " We would have feared no inlack for little money for some months to come. Merse and Teviotdale are the best mixed, and most plentiful shires, both for grass and corn, for flesh and bread, in all our land. We were much obliged to the town of Edinburgh for money. Mr. Harry Pollock, by his sermons, moved them to shake out their purses. The garners of the non-covenanters gave us plenty of wheat j for we thought it but rea- sonable, since they sided with those who put our lives and our lands for ever to sale, for the defence of [f. e. because we defended] our church and country, to employ for that cause, wherein their interest was as great as ours, if they would be Scotsmen, a part of their rent for one year." Baillie, vol. i. p. 177.

CHARLES I. 519

plish their destruction, or force them to unconditional sub- BOOK mission. They, therefore discovered, and that not obscure- VHI^ ly, their intentions of approaching the English, who imme- 1639- diately began to intrench themselves, and with the utmost solve toad- trepidation, threw up some advanced works on the north '™af*>- side of the Tweed.

xxv. The Scots had never intermitted their pacific over- tures till the late proclamation had apparently rendered all further attempts upon honourable terms unnecessary. Charles, who was now reduced to the necessity of treating, Charles but was too proud to make any direct advances, communi- njnts a de- cated obliquely, through one of his pages, a hint that a hum-

ble supplication for peace would not now be unattended to.* Waving all punctilio, the covenanters immediately embraced the opportunity, and studious of consulting the king's hon- our, as well as of humouring his show of dignity, despatched the earl of Dunfermline, a young nobleman, not personally obnoxious as a leader, with the following humble petition : — " That whereas the former means used by us, have not yet been effectual for receiving your majesty's favour, and the peace of this your native kingdom, we fall down again at your majesty's feet, most humbly supplicating, that your ma- Covenant- jesty would be graciously pleased to appoint some few of the £™ send many worthy men of your majesty's kingdom of England, tion. who are well affected to the true religion, and our common peace, to hear by some of us, of the same affection, our hum- ble desires, and to make known unto us your majesty's gra- cious pleasure ; that as by the providence of God, we are here joined in one island under one king, so by your ma- jesty's great wisdom and tender care, all mistakings may be speedily removed, and the two kingdoms may be kept in peace and happiness under your majesty's long and happy reign ; for the which we shall never cease to pray, as becom- eth your majesty's most faithful subjects."f

xxvi. The king, still attached to frivolous points of hon- our, having gained so far as to make them first commence a negotiation, before proceeding, insisted that the proclama- tion which had not been suffered to be read at Edinburgh,

* Baillie, vol. i. p. 178- t Rushworth, vol. iii. p. 938.

HISTORY OF SCOTLAND.

BOOK VIII.

1639.

His frivo- lous punc- tilios.

Commis- sioners ap- pointed to negotiate.

The king interrupts them.

should now be published; and sent sir Edmund Verney back with the earl of Dunfermline, to see this done in the Scottish camp. The Scottish nobles on the requisition be- ing made to them, to read the king's proclamation at the head of the troops, declined compliance, for the same sub- stantial reasons which they had adduced to the marquis of Hamilton, for not allowing it to be published at the cross of Edinburgh ; but in order to comply with the letter of the order, it was read with much reverence at the general's ta- ble, and commented on, so that with the same kind of equi- voque which had unfortunately got possession of all their intercourse, the one side could say they had considered the proclamation, the other, that it had been read in the camp, xxvii. Charles was satisfied, and commissioners were mu- tually appointed to negotiate ; but before the Scottish depu- ties were suffered to enter the English camp, their consti- tuents required a safe conduct under the king's own hand.* The Scottish deputies were Rothes, Dunfermline, Loudon, sir William Douglas, A. Henderson, and Johnston. Those appointed on the king's part, were the general, the earls of Essex, Holland, Salisbury, and Berkshire, and Mr. Se- cretary Cook, to whom the king added sir Harry Vane. The commissioners were, however, scarcely met in lord Arundel's tent, when the king came unexpectedly, and sat down among them, telling the Scottish deputies, " That he was informed they had complained that they could not be heard, and therefore, he was now come himself to hear what they would say." The earl of Rothes replied, it was their humble desire to be secured in their religion and liberties. But when Loudon began to explain and vindicate their pro- ceedings, the king — interrupting him — told him he would not admit of any of their excuses for what was past ; but if they came to sue for grace, they should set down their de-

* Rushworth, vol. iii. p. 929. Balfour's Hist- Works, vol. ii- p. 325. Bail- lie, however, says, much debate was there about a safe-conduct for the return of ours, [deputies,] yet the stoutness of our men, the trust we put in the king's simple word, the hope we had, by the lads on the hill, to have fetched them in haste, or as good for them, made us leave off that question. But the safe- conduct which was granted, was under the form of a new nomination of com- missioners, and Baillie might be misled by the subterfuge.

CHARLES I. 521

sires particularly, in writing ; which, after consulting toge- BOOK ther apart, they did. They humbly prayed, " that the acts VIIL of the general assembly passed in Glasgow, should be rati- I63d7~ fied in the parliament to be held at Edinburgh, July 23 ; that all ecclesiastical matters should be determined by as- semblies of the kirk, and all civil by parliament, which should Demand

be held at least once in two or three years : that his males- of the co"

• J venanters.

ty's ships and land forces be recalled ; that all persons, ships

and goods arrested, be restored ; the kingdom be made safe from invasion ; and that all excommunicate persons, in- cendiaries, and informers against the realm, who, out of ma- lice, have caused these commotions for their own private ends, may be returned to suffer their deserved censure and punishment." The king then desired them to assign their reasons for their requests ; on which lord Loudon, on his knees, said, that they only asked to enjoy their religion and liberties according to the ecclesiastical and civil laws of the kingdom. These demands were too reasonable to be refus- ed ; and after two days' deliberation, he returned an answer, equally oracular with any of his other communications : — " That if their desires were only the enjoying of their reli- Hisamwer. gion and liberties, according to the ecclesiastical and civil laws of his majesty's kingdom of Scotland, his majesty doth not only agree to the same, but shall always protect them to the utmost of his power ; and if they shall not insist upon any thing but that which is so warranted, his majesty will most willingly and readily condescend thereunto ; so that in the mean time, they pay unto him that civil and temporal obedience, which can be justly required and expected of loy- al subjects."

xxviu. When they had received this answer, the depu- They pro- ties exhibited to his majesty a paper containing the rea- sons and grounds of their desires, which he promised to take into his consideration. The principal purport of these was a vindication of the Glasgow assembly, similar to the reasons for holding that assembly, [vide p. 474.] When they returned for their answer on the Monday, they found his majesty, through the influence of the bishops of Ross The king

.... i_ o i i i. recurs to

and Aberdeen, who had been with him on the babbatn, re- his supre- lapsed into all his high notions of ecclesiastical supremacy. mac7-

VOL. III. 3 X

522 HISTORY OF SCOTLAND.

BOOK He demanded whether he had not the sole indiction of as- semblies ? whether he had not a negative voice ? and whe-

o

1639. ther an assembly could sit, after he had commanded it to rise ? These questions, which the Scottish commission- ers very naturally thought had already received practi- cal answers, they treated now as only agitated to drive time, till either reinforcements should arrive to the king, Covenant- or they were starved out ; they therefore resolved to bring to advance. l^e discussions at once to issue, by advancing within can- non range of the royal camp ; but intelligence of their in- tention having reached the king, on their next meeting, the questions were dropped, and a royal declaration was emitted, in which, although the late assembly at Glasgow was not acknowledged, yet, whatever was promised by the commissioner, was to be strictly performed ;* and besides, all ecclesiastical matters were referred to the decision of an- The king other to be indicted at Edinburgh, on the 6th day of August, and all civil affairs to a parliament, to be summoned on the 20th, to ratify its acts. Upon this declaration, accompanied by verbal explanations, a treaty was concluded. The forces on both sides to be withdrawn and disbanded — the Scottish army within forty-eight hours — the castles and forts, with their ammunition, to be delivered up to the king, and the fleet to depart with the first fair wind after ; all fortifications to desist; all forfeitures to be restored; and all meetings A treaty or convocations of the lieges, except such as are authorized eluded.00 1" by act °f parliament, to be discontinued. These articles were signed on the 18th June, and on the same day pro- claimed, with the king's declaration, in the English and Scottish camps.f In the latter they were accompanied by an information, in which, to prevent mistakes, the expres- sion, " pretended assembly," in the declaration, was explain- ed, as not intending that any persons, by their acceptance of

* The commissioner had promised to annul the service-book ; snd that all and every one of the present bishops and their successors, may be answerable, and censured accordingly from time to time, according to their demerits, by the general assembly.

t On which occasion, an Englishman remarked jocularly, that the bishops were discharged in Scotland, neither by the canon law, nor the civil law, but by Duns-law.

CHARLES I. 523

the declaration, should be thought to disapprove or depart BOOK from the same, nor in any sort or degree, disclaim the said VIIIt

assembly.*

1639

xxix. While the treaty was in progress, all the discus- sions were regularly submitted to the consideration of the tables, or their representatives in the Scottish camp, and the treaty, before being concluded, underwent several mo- difications ; only it was allowed to be published as above — except in Scotland, where the information accompanied it — for the sake of the king's honour among foreign nations :

tj O O *

but the verbal explanations were taken down by the com- Remarks, missioners at the time, and communicated to the people, to reconcile them to what might have otherwise appeared as a dereliction of principle, and a surrender of the advan- tages of which they were already in possession. The Glas- gow assembly, they were not called upon to disobey ; and prelacy was referred to the decision of the next free meet- ing, where its fate could not be considered doubtful.f

* Rushworth, vol. iii. p. 944. Burnet's Mem. pp. 140-1. Baillie, vol. i. p. 182.

•}• The verbal explanations, as published by the Scots : — They objected, that the preface and conclusion of his majesty's declaration was harsh, importing as if they struck at monarchy, and his majesty's royal authority — The king answered, that he had no such opinion of them, but required that the paper should not be altered, for the sake of his honour among other nations ; and urged, that they would not stand with their king upon words, if so be they obtained.

They objected, that the declaration, containing an impeachment of the assembly at Glasgow, as pretended, their accepting of the declaration, as a sa- tisfaction of their desires might be construed as a departing from the decrees of that assembly — The king answered, that as he did not acknowledge that as- sembly, farther than that it had registrated his declaration, so he would not desire his subjects of Scotland to pass from the said assembly, or the decrees thereof.

They objected, that his majesty's not allowing of the assembly for the rea- sons contained in his several proclamations, is a declaration of his judgment against ruling elders, as prejudging the constitution of a free assembly.— The king answered, though his judgment be against lay elders, yet seeing that clause is constructed as a prelimitation of the freedom of the assembly, he is willing that it be delete.

His majesty's commissioner, having in the last assembly, contended against ruling elders having a voice in assembly, and for his majesty's assessors having voice therein, and that his majesty or his commissioner had a negative over the assembly, they wanted to be resolved what was understood by the words

524 HISTORY OF SCOTLAND.

BOOK These concessions were afterward disavowed on the part ***** of the king, and burned, as false ; but as they are so com- 1639. pletely in consonance with the spirit of the treaty, and were acted upon from the first by the Scots ; and as it is acknow- ledged by Clarendon, that the most material parts passed in discourse ; and that although every body disavowed the contents, nobody would take upon him to publish a copy owned to be true, it is impossible to consider the Scottish statement as otherwise than correct ; nor is it within the range of credibility, that Henderson, the moderator of the Glasgow assembly, or Johnston, the clerk, would have put their hands to a paper without explanation, disowning that meeting, and themselves incur the curse of Hiel the Bethelite, which the moderator had deprecated at the close of the assembly. But the peace was hastily concluded, and a number of the Scots who possessed influence in the camp, and were respected by all parties for their moderation, were yet to be convinc- ed of the little reliance to be placed "on the word of a king."* They rested satisfied with the meaning their coun- trymen affixed to the ambiguous passages in an agree- ment, in " which," a noble historian says, " nobody meant

"free Assembly." His majesty, after requiring that the differences mentioned might be remitted to himself, being informed that this was against the consti- tution of the kirk of Scotland, agreed that the words, free assembly, in his majesty's declaration, did import freedom of judging in all questions arising there, concerning constitution, members, and matters.

The declaration, bearing that no other oath be exacted from entrants, than what is contained in the act of parliament j as also, that the clause bearing, that pretended bishops, &c. shall be censurable by the general assembly, seem to import the continuance of episcopacy, which we cannot acknowledge, &c.~ The king answered, that being willing to leave these things to the determina- tion of the assembly and parliament respective, he is pleased to delete both these clauses.

It was with all humility urged, that if his majesty would comply with that chief desire of his subjects, the quitting with, and giving up episcopacy, his majesty might depend on as cordial subjection as ever prince received — His majesty answered, that having appointed a free general assembly, which might judge of all ecclesiastical matters, and a parliament, wherein the constitutions of assembly should be ratified, he would not prelimit nor forestall his voice- There were other two objections, the one respecting the forts, &c. to which the king made no reply ; the other with regard to forfeiture and restitution, which he referred to parliament. Stevenson's Hist. vol. ii. pp. 744, 745. • Charles' favourite mode of asseveration.

CHARLES I. 525

what others understood he did," and were unwilling too BOOK rigidly to examine what they wished to believe. VIII.

xxx. There were, besides, other reasons, which made any i63«. imperfection in the treaty be overlooked. The English, not- withstanding their secret assurances of friendship, showed no disposition to join cause with the covenanters ; and had their army been defeated, a sense of national pride might have urged them to arms, to wipe away the disgrace.* There Causes of was no intelligence from the north, and some of the Merse the cove"

, nanters

nobles were beginning to get tired of so great an assem- hurrying blage in their neighbourhood, while others of the west, who the treaty were daily hearing of the depredations committed by the Irish on their coasts, were anxious to get home. Their camp accordingly was broken up, their army disbanded, and the forts and castles delivered to officers appointed by the king.

xxxr. Treaties cannot remove distrust; and where this ex- ists, so soon as the immediate necessities which have suspend- ed its operation cease, it often returns with double force ; and if the terms have not been substantially advantageous, they are readily quarrelled with, and easily broken. The one which had been signed, settled nothing agreeably to the wishes of either of the parties ; and both, when they began to consider the articles, were dissatisfied, on reflecting that Both sides so much expense had been incurred, and so much prepara- dissatisfied tion wasted for no purpose, except that of allowing them- selves to be duped by one another. The covenanters ima- gined themselves over-reached, in the surrender of the cas- tle of Edinburgh and fortifications of Leith, with all their stores unconditionally ; especially, when they saw the for- tress taken possession of by general Ruthven, now lord Et- trick; and they regretted that their army should have been dis- banded, before they had received complete security against ^- the possibility of royal vengeance. Charles was chagrined, at having been forced at the head of his army to grant so much to his rebellious subjects in arms ; and ere the ink was dry which had signed the treaty, their mutual jealousies be- came apparent. The riotous disposition manifested in the

• Baillie, pp. 182, 183-

526

HISTORY OF SCOTLAND.

BOOK VIII.

— — — — ^^™

1639.

Traquair appointed commis- sioner.

Charles re. turns to

London.

capital,* an accusation that the tables still kept up their _ meetings, with a number of other petty complaints, that marked the irritation of the royal mind, were seized upon as excuses for the king's not presiding in the general assem- bly, as he had promised.f Hamilton, when applied to, to fill the situation of commissioner, declined the disagreeable honour , and at his request, Traquair was appointed. Four- teen of the leading covenanters were also sent for, to attend his majesty at Berwick, to try what effect the smiles of royal- ty would produce upon them. Six attended, but of these, only one — Montrose — was won. The king, who wished the whole experimented upon, sent off an express for the rest ; but unfavourable rumours reaching Edinburgh, that this was a trap laid to ensnare the chief men of influence, and send them to London, the populace detained them by force.J Lindsay and Loudon returned to offer an apology, but the king would hear none ; and his purpose or his fears being confirmed by the flattering remonstrances of his courtiers, who dissuaded him from trusting his sacred person among the mutinous Scots, he departed for England in the most melancholy mood, bi'ooding over his disappointed hopes, his tarnished fame, and the means of getting rid of a treaty he was unwilling to fulfil. §

xxxii. One only chance remained for preserving the peace of the kingdom, and that was in the king's honestly per- forming what he had, through his own precipitation, been forcad to promise. A few years would have restored to him the confidence of his subjects, dissolved the associa- tion, and reduced to its ordinary and peaceful level, the power of the nobles. The ministers, by the usual and

• Lord Aboyne and general Ruthven, were accused of insulting and quar- relling with the covenanters in the streets ; the covenanters were charged with maltreating those of the opposite party, and the magistrates of standing aloof, during the squabble. In one disturbance, Traquair was assaulted, his coach very nearly overturned, and the white staff his servant carried before him, bro- ken. When he complained to the town council, another white stick, value six- pence, was sent him, " so high rated they," as Burnet laments, " the affront put on the king, in the person of my lord treasurer.'' f Burnet's Mem. p. 144.

J Stevenson, Hist vol. iii. p. 764. Clarendon, vol. i. p. 128. § Strafford's Letter. Rush. vol. iii p. 948.

!

CHARLES I. 527

regular routine of government, deprived of any pretext BOOK. for interfering in civil affairs, would have devoted their at- v ' tention to the religious instruction of their flocks, and exert- 1639. ed their influence on the side of the power to which they owed their protection. To this his most sincere friends ad- vised him, but with this his wounded pride would not allow him to comply. His instructions to the new commissioner, were conceived in such a manner as he imagined would re-

o

lieve his conscience from the guilt of falsehood, while he was practising with his subjects, a system of perfidious de- ceit. He — Traquair — was to allow the abolition of epis- „• • copacy, not as unlawful, but only in satisfaction of the stmctions people, for settling the present disorders, and similar rea- JIL^*" sons of state, and on no account to suffer the appearance of any warrant from the bishops. He was to consent to the covenant being subscribed, as originally, in 1580, " Provid- ed it be so conceived, that our subjects do not thereby be required to abjure episcopacy as a part of popery, or against God's law; but if they require it to be abjured, as contrary to the constitution of the church of Scotland, he was to give way to it rather than to make a breach, and the proceedings of the Glasgow assembly were to be ratified, not as deeds of that illegal meeting, all mention of which was to be avoid- ed, but as acts of this ; and after all assembly business was ended, immediately before prayers, he was commanded, in the fairest way possible, to protest, that in respect of his To pro- majesty's resolution of not coming in person, and his instruc- tost' tions being hastily written, many things may have occurred upon which he had not his majesty's pleasure, therefore, in case any thing had escaped him, or been condescended upon prejudicial to his majesty's service, his majesty may be heard for redress thereof, in his own time and place." By this form, Charles retained to himself the power of disavowing the conduct of his commissioner, and disannulling any or every act of the assembly whenever he chose, or found it ex- pedient. His irreconcilable enmity to the covenanters, was expressed in these instructions, by directions to stop the signatures of all acts in their favour, in as far as it could be done without interrupting altogether the common course of justice ; and while he was enjoined to hear complaints against

528 HISTORY OF SCOTLAND.

BOOK the rest of the subjects, none were to be listened to, if against such as had suffered for refusing the covenant, particularly 1639. sir John Hay, and sir Robert Spotswood.

xxxui. But besides the protest, the king had another, and wnat seemed an insurmountable objection to the legality of any acts abolishing episcopacy. Traquair suggested, that they could not be ratified in a parliament from which the pre- lates, who constituted one of the estates, were excluded ; and the king was thus persuaded to allow them to pass, in the belief that they were intrinsically null and void. His intention merely to temporize till the necessities of the time were past, and to revoke all the concessions which he considered as ex- torted from him, was unequivocally expressed in a letter to the archbishop of St. Andrews ; who, after he resigned the office of chancellor, had resided in Newcastle. The bi- shops had written to Laud, requesting the king to prorogue the assembly and parliament. In reply, his majesty inform- ed the primate, this could not be done without great pre- judice both to himself and his service; but that he had given his commissioner special instructions to watch over the in- terest of their lordships and of the inferior clergy, who had

His advice suffered for their duty to God, and their obedience to his bl~ c°mman(Js > an(l assuring them, that it should be still one of his chiefest studies how to rectify and establish the govern- ment of that church aright, and to repair their losses. He recommended, however, as the best mode for them, to give in, by way of protestation or remonstrance, their exceptions against the assembly and parliament, to the commissioner, — privately as he entered the church — to be by him present- ed to the king; which he promised to take so into consider- ation as becometh a prince sensible of his own interest and hon- our, joined with the equity of their desires ; and added, "you may rest secure, that though perhaps we may give way for the present, to that which will be prejudicial both to the church and our own government, yet we shall not leave thinking in time how to remedy both." In the meanwhile, till their estate could be restored, the rents of the bishoprics which were declared vacant, or had reverted to the crown, were to be drawn by the crown officers, and appropriated to their support.

CHARLES 1. 529

Xxxiv. The duplicity which these transactions exhibit, BOOK and which can neither be defended nor denied, was unfortu- VIIL nately flattered by the person the king chose as his commis- 1639. sioner. Traquair, ever since the surrender of Dalkeith, had been under a cloud — for although pardoned, he had never been trusted — and in order to regain the good graces of his master was forced to administer to his humour, and in no way could he do this so effectually, as by appearing to be the dupe of his political casuistry. He carried the king's letter, which he had suggested, to Newcastle, and received Who Pv« himself the bishops' declinature,* on his road to Scotland, thei^dedl' to hold those very assemblies, whose proceedings it was in- nature- tended to annul.

xxxv. Traquair held the assembly on the appointed day ; He holds at the opening of which, Henderson the moderator of the ^e assenl* last, preached ; and towards the close of his sermon, address- ed the members, exhorting them to temper their zeal with moderation and prudence; reminding them of the advan- tages which had been attempted to be taken of their un- guarded warmth, and of the obligation thereby imposed upon them to show to the world, that presbytery — the go- vernment they contended for in the church — could very well consist with monarchy in the state. The assembly proceed- ed in accordance with this advice ; and dreading no deceit on the part of the king, although steady in their determina- tion not to recede from their principles, they showed every disposition to yield in matters of form to his prejudices or caprice. Every reference to the preceding assembly was avoided ; and the objects the presbyterians wished to obtain the royal sanction for, were enumerated in an act of the pre- sent, entitled, " An Act, containing the Causes and Remedy of the bygone evils of the Church." The CAUSES : — " First, Causes of the pressing upon this church, a service book, or book °f ^f,glj£e the common prayer, by the prelates, without direction or war- church, rant from the church, containing beside the popish frame, divers popish errors and ceremonies, with a book of canons, establishing a tyrannical power over the kirk in the person of bishops; a book of consecration and ordination, ap-

* Burnet's Mem. p. 155-

VOL. in. 3 Y

530 HISTORY OF SCOTLAND.

BOOK pointing offices in the house of God, not warranted by the ' ' word of God, and repugnant to the discipline and acts of the 1639. kirk ; and the high commission. Second, the articles of Perth. Third, the change of the government of the kirk, from the assemblies of the kirk to the persons of some kirk- men, usurping priority and power over their brethren. Fourth, civil places and power of kirkmen. Fifth, keeping and authorizing corrupt assemblies. Sixth, the want of law- ful and free assemblies, rightly constituted of pastors, doc- tors, and elders, yearly or oftener, pro re nata, according to The reme- tne liberty of the kirk. The REMEDIES : — That the service posed. book, book of canons and ordination, and the high com- mission, be still rejected ; that the articles of Perth be no more practised ; that episcopal government, and the civil places and power of kirkmen, be holden still as unlawful in this kirk ; that the pretended assemblies 1605, to 1618, be hereafter held as null, and of none effect; and that for the preservation of religion, and preventing all such evils in time coming, general assemblies rightly constituted, as the proper and competent judges of all matters ecclesiastical, be hereaf- ter kept yearly and oftener, pro re nata as occasion and ne- cessity shall require, the necessity of these occasional assem- blies being first shown to his majesty by humble supplica- tion ; as also, that kirk sessions, presbyteries, and synodal assemblies, be constituted and observed, according to the

Rcserva. order of this church." The commissioner, to this act sub-

tion of the ... ,, . , • i i j • r

commis- joined a declaration, that it should not infer any censures on

sioner, practices out of the kingdom, thus waving, or rather reserv- ing, the question respecting the unlawfulness of episcopacy ; but the assembly, to prevent its re-introduction in Scotland, ordained, that no innovation which might disturb the peace of the church, and make division, should be proposed till Overruled the motion were first communicated to the several synods, oemblV*8* presbyteries and kirk sessions, that the matter might be ap- proved by all at home, and commissioners might come pre- pared unanimously to give out a solid determination in the general assembly.

xxxvi. Having settled these fundamental points, in the manner which it was supposed would be least offensive to the king, the assembly showed a disposition to gratify him,

CHARLES I. 531

by dealing gently with those ministers who had only been BOOK guilty of compliances with the orders of the court ; and all VIII. who did not stand accused of immoral conduct, and were 1639. found to be capable, were re-admitted to their functions in the church. There now only remained wanting the royal sanction to the covenant, and the concurrence of his grace was obtained more readily than they expected; the chief difficulty was, how to render this palatable to Charles, who had so repeatedly and strongly expressed his antipathy to that " damnable instrument." To soften the matter as much as possible, a supplication, couched in the most loyal and affectionate language, was presented to the privy council, in which the long tried fealty of their ancestors to a succession of one hundred and seven kings, his majesty's royal prede- Their pcti- cessors, was appealed to as a pledge that they would not g^p-j^6 dishonour their descent, by rebelling in thought against the sanction last of so illustrious a line. On the contrary, they acknow- ledged their quietness, stability, and happiness, to depend upon the safety of the king's person, and the maintenance of his royal authority as God's vicegerent, set over them for the support of religion, and ministration of justice; and so- lemnly concluded, by declaring : — " We have sworn, and do swear, not only our mutual concurrence and assistance for the cause of religion, and to the uttermost of our power, with our means and lives, to stand to the defence of our dread sovereign, his person and authority, in preservation and defence of the true religion, liberties, and laws of the kirk and kingdom — but also in every cause which may con- cern his majesty's honour, shall, according to the laws of this kingdom, and the duties of good subjects, concur with our friends and followers, in quiet manner or in arms, as we shall be required by his majesty, his council, or any having his authority ; and therefore, being most desirous to clear our- selves of all imputation of this kind, and following the laud- able example of our predecessors, 1589, do most humbly supplicate your grace, and the lords of his majesty's most honourable privy council, to enjoin, by act of council, that the confession of faith and covenant, which, as a testimony of our fidelity to God, and loyalty to our king, we have sub-

532 HISTORY OF SCOTLAND.

BOOK scribed, be subscribed by all his majesty's subjects, of what VIII. rank and quality soever." ] 639. xxxvn. The privy council acceded to the prayer of the

Granted.- . . * ' . , J

petition, and the commissioner announced in open assembly,

the gratifying intelligence : — " That their supplication was granted, and an act in consequence passed, so that nothing was wanting now, but the resolution of the assembly. As an individual, he cordially agreed with the deed as it stood; Traquair as his majesty's commissioner, he affixed a clause, declara-

addsare. tory of jts being understood by him, as one in substance serration ; . J ...

with that which was subscribed by his majesty's father, of

blessed memory, 1580, 81—90, and often since renewed." The assembly's vigilance was not, however, thus to be lulled ; every reservation was viewed with a jealous eye. They, therefore, ordered an explanation to be prefixed to the sig- natures in the following terms : " The article of this cove_ nant, which was, at the first subscription, referred to the de- termination of the general assembly, being determined, and thereby the five articles of Perth, the government of the And the as- kirk by bishops, the civil places and power of kirkmen, up- explana^11 on ^e reasons an(^ grounds contained in the acts of the ge- tion, neral assembly, declared to be unlawful within this kirk, we

subscribe according to the determination foresaid." Thus was the covenant again renewed in two different senses ; yet, upon receiving assurance that their conclusions would be ra- tified in parliament, the meeting dissolved with great appar- ent cordiality and mutual satisfaction, and the public de- monstrations of national joy on the occasion, were ardent and universal.*

xxxvin. Charles did not participate in the general satis- faction the conduct of his commissioner had diffused ; and although Traquair had, with great dexterity, managed a very delicate business, and brought it to a termination, whence a conciliatory system might with much loveliness and grace have commenced j instead of receiving the

* Stevenson's Hist. vol. iii. pp. 769 — 806. Rushworth, vol. iii. pp. 949 — 964. Burnet's Mem. pp. 153, 157. Balfour's Ann. vol. ii. p. 353, Acts of As-, eembly.

CHARLES I. 533

thanks of his sovereign, he received a pettish letter, filled BOOK with captious distinctions, refusing to ratify the acts to VI11- which the earl had consented. Episcopacy had been de- i639. clared by the act of assembly, to be " unlawful in this The kin&

i i»> •• 11- -i-ii i-ii refuses to

church, a position the king denied that he had ever allow- ratify the ed. He had consented to its being abolished, as "con-acts- trary to the constitutions of the church of Scotland," but as to the word unlawful, it would not be found in all his in- structions ; his representative was therefore commanded, not only not to ratify the act in these terms in parliament, but to declare that the king consented to its ratification with his explanation, merely for the sake of the peace of the land, though otherwise in his own judgment, he neither held it convenient nor fitting. Had the word unlawful been used in an unrestricted sense, there might have been some plau- sibility in the king's objection : — that suffering such a sen- tence to pass in Scotland, was by inference condemning the function in England also ; but used as it was, to signify merely that episcopacy was unlawful in the church of Scot- land, because contrary to the law of that church, was an af- firmation which did not necessarily imply any opinion re- specting its legality any where else. But the real objection which the king had to the term was, he thought it would authorize the rescinding the acts of parliament made in fa- vour of episcopacy, acts which his father had with so much expense of time and industry established ; " which," he says, " may hereafter be of so great use to us j" and as he was evidently anxious to hasten a rupture, he did not wish to Reasonsfor pronounce unlawful, what by that rupture he hoped to re- *"s refusal- store ; for although he might alter or improve the constitu- tion of the Scottish church, by re-establishing episcopacy, he could not, even with all his equivocations, reintroduce it, if he once stigmatized it as unlawful ; and therefore, he adds, " if on this point a rupture happen, we cannot help it, the fault is on their own part, which one day they may smart for."

xxxix. In the act of signing the treaty, the king was me- ditating its rupture ; and now he was eager that his commis- sioner should find in the proceedings of the Scots, a justifi- cation of his own premeditated perfidy. "If you find that

534 HISTORY OF SCOTLAND.

BOOK what we have commanded you to do, is likely to cause a rupture, their impertinent motives give you a fair occasion 1639. to make it appear to the world, that we have condescended proofs of to a^ matters which can be pretended to concern con- his perfidy, science and religion, and that now they aim at nothing but the overthrow of royal authority ; and therefore, we hope and expect, that if a rupture happen, you will make this ap- pear to be the cause thereof, and not religion, which you know not only to be true, but must see it will be of great ad- vantage to us, and therefore must be seriously intended by you.1'

Parliament XL. Parliament was opened with great pomp, on the day succeeding the close of the assembly, the earls of Argyle, Crawford, and Sutherland, carrying the regalia. One of the estates being absent, it was necessary to supply the de- ficiency, and anticipate any objection of nullity on this score, that might be made to their proceedings. In order to support the appearance of a spiritual estate, it was propos- ed by the court, that lay abbots should be appointed ; but as even the name was objectionable to the majority, the re- Lesser ba- presentatives of the lesser barons were substituted. In ply theP" choosing the lords of the articles — respecting which Charles place of the appeared so anxious — the parliament being freed by the abolition of prelacy from the obtrusion of the bishops, pro- posed to revert to the original method of naming that com- mittee ; but as this might have occasioned a debate, they allowed for the present, the commissioner to appoint the eight nobles, whom of late the bishops were wont to name, with the understanding that this should form no precedent for the future, but that the members should be freely and separately chosen by their respective estates ; and that Their pro- their powers should extend only to such articles as were

OGOQUIffl

referred to their consideration, and which, if not again re- ported, might be resumed in parliament by the original pro- poser. Freedom of debate was also secured ; and, to pre- vent the power of the crown being unnaturally exerted by the introduction of strangers unconnected with the country, as peers of parliament, it was enacted, that no patent of ho- nour be granted to any strangers, but such as have a com- petency of land rent in Scotland ; and it was provided, that

CHARLES I. 535

a parliament should be held at least once in three years. BOOK They demanded that the abuses of the mint should be reme- _ died, and the coinage be subject to the superintendence of 1639. parliament ; that no foreigner should be intrusted with the command of any of the natural fortresses, nor any person ap- pointed without the approbation of the estates.

XLI. The acts of the general assembly were preparing for ratification ; another important act, abolishing hereditary jurisdictions, was also in progress, and a number of ne- cessary measures for reforming the abuses of the preceding forty years ; but, while these were framing, the commis- sioner, who well knew how disagreeable they would be to the Jnterrupt- king, continued the parliament by several prorogations, till he should receive farther instructions ; and parliament, a- fraid, from the surmises that had reached them, that their proceedings would not be confirmed by his majesty, in the interim, with lord Traquair's consent, despatched the earls of Dunfermline and Loudon to London, to endeavour satis- fying his royal scruples, and implore his permission to pro- ceed and determine the business before thejn ; but, ere the peers reached the capital, they were met by a messenger, discharging them from approaching within a mile of the court; and peremptory orders were sent to Scotland, to pro- rogue the parliament to June next year. Traquair, ashamed of the employment, did not proceed to dissolve the parlia- They are ment in form ; he transmitted the king's letter containing the suddenly

0 ° prorogued^

injunction, by the lord privy seal, to where the lords of the articles were sitting, desiring one of the clerks of parliament to read it Gibson, younger of Durie, who was applied to, refused; but in obedience to the commands of the estates, he read a remonstrance against it : — " As a new and unusual mode of prorogation, without precedent, contrary to his majesty's honour, engaged for ratifying the acts of the church, contrary to the laws, liberties, and perpetual prac- tice of the kingdom, by which all continuations of parlia- Rem<>n-

J str&nce of

ment, once called, convened, and begun to sit, have ever the estates. been made with express consent of the estates; contrary to the public peace, both of the church and kingdom, which, by reason of the present condition thereof, and the great confusion like to ensue from procrastination, cannot endure

536

HISTORY OF SCOTLAND.

BOOK VIII.

1639.

Of the covenan- ters.

Deputation from parlia- ment al- lowed to proceed to London.

so long delay ; but to the advantage of malicious adversar* ies, who, for their own ends, are incessantly seeking all oc- casions, by creating dissensions between the king and his subjects, to bring both the country and the crown to utter ruin and desolation."

XLII. As these facts were so evident, the covenanters as- sumed, that whenever they were properly represented to his majesty, he would drive from his presence his unprincipled advisers, and do them justice. With a great show of mo- deration they then declared, that although by the examples of their ancestors in cases of similar necessity, by his ma- jesty's indiction, and by the articles of pacification, they might lawfully continue to sit ; yet, from the obloquy that attends all their proceedings, and the misrepresentations to which they were liable, to avoid the least shadow of dis- obedience or disrespect to his majesty's commands, and out of the most reverend regard to render not only all real de- monstrations of civil obedience, but to avoid whatever might give him the least discontent, they would only remonstrate and dissolve, leaving a committee from each estate, to await, in Edinburgh, the answer to their remonstrance ; and con- cluded with a solemn adjuration : — " If it shall happen — which God forbid — that after we have made our remon- strances, and to the uttermost of our power and duty used all lawful means for his majesty's information, that our ma- licious enemies, who are not considerable, shall, by their suggestions and lies, prevail against the informations and general declarations of a whole kingdom, we take God and men to witness, that we are free of the outrages and insol- encies that may be committed in the meantime, and that it shall be to us no imputation, that we are constrained to take such courses as may best secure the kirk and kingdom from the extremity of confusion and misery."

XLIII. Immediately upon the rising of parliament, a re- quest was sent by the committee to his majesty, that he would allow some of their number to wait upon him, and personally state their grievances and their desires. To this reasonable request he acceded, but before they could take any advantage of the concession Traquair arrived in Lon- don. The commissioner was at first coldly received, on ac-

CHARLES Ii' 537

count of his conduct in the assembly, particularly in sub- BOOK scribing the covenant; but his apology was accepted. He VIIt vindicated his procedure from the necessity of the case, 1539. which did not admit of his hesitating about half measures, for they would have prematurely precipitated a quarrel, from which, as it must still have had the semblance of religion for its foundation, no advantage could have arisen. But he Traquair ingratiated himself into the royal favour, by representing the P^so,n8 the proceedings of the estates in the most odious point of view, mind, as encroachments upon the prerogative and destructive of regal authority ; and by adducing a great many arguments, to fortify the king in his determination to reduce his Scot- tish subjects by force. In these he was seconded by the bi- gotry of Laud, and the violence of Wentworth, and their united efforts overpowered the voice of Hamilton and Mor- ton— the two other but more moderate members of the Jun- to who managed Scottish affairs — and decided the question Hostilities

for the renewal of hostilities, before the arrival of the parlia* resolved

upon.

mentary deputies.

XLIV. The earl of Dunfermline and lord Loudon were ap- pointed a second time, together with sir William Douglas of Cavers, and Robert Barclay, the provost of Irvine, to pro- ceed to court; and although their cause was prejudged, it was deemed expedient to admit them to an audience before the council. Loudon, in a long speech, pronounced the vin- The depu- dication of the estates. In the preceding assembly, episco- pacy was, with the concurrence of his majesty's commission- er, removed out of the church of Scotland, and all civil places and power of churchmen, declared to be unlawful in Earl of that kingdom ; whence it necessarily followed, that bishops ^^£1,* who usurped to be the church, and did, in the name of the fore the church, represent the third estate, being taken away, there w must be an act of the constitution of parliament without them, and an act for repealing the former laws, whereby the church was declared the third estate. Nor do these acts wrong the church, or state, or the royal authority ; not the church, because she hath renounced and condemn- ed the civil power and worldly pomp conferred upon her in time of popery, esteeming it not a privilege, but a detri- .inent, incompatible with her spiritual nature, and as being

VOL. III. 3 Z

538

HISTORY OF SCOTLAND.

BOOK repugnant to her doctrine and discipline ; not the state, _ because the whole congregations of the kingdom, repre-

1639. sented by their commissioners from presbyteries in the ge- neral assembly, have given their consent to the deeds of the church; neither the king, " for we cannot believe," continu- ed the earl, " that your majesty— r-who, we hear, doth ac- knowledge princes to be like shining stars, which have their splendour for the benefit of the world, and who esteems the prosperity and welfare of your people your greatest enjoy- ment, and the possession of their hearts your greatest se- curity— will think the granting of that, which, upon so good reason, is so earnestly desired both by church and state, to be any diminution of your majesty's royal prerogative and privilege of your crown, which is not mutable with the change of any of the estates, but is that power which did justly belong to the king, before any bishops were in Scot- land ; which did belong to him in time of popery, when bi- shops who had their dependance on the pope were allowed ; and which did likewise pertain to the king in the time of the reformation, when episcopacy was abjured, and removed out of Scotland."

XLV. At a subsequent meeting, the king asked, what power they had to give him satisfaction, for their instructions ap- peared to be rather for justifying than satisfying; and though some of their desires were against the law, they had no power to yield to any point. They answered, the parlia- ment had given them power to make it clear, that their desires and proceedings were agreeable to the fundamental laws and customs of the kingdom, to reason, and to the act of pacification, by which the king was obliged to ratify them, and this they were ready to do. Here archbishop Laud, who sat on the king's right hand, smiling contemptu- ously at the commissioners, begged his majesty to inquire how their assertions that their desires and proceedings were agreeable to the laws and customs of Scotland, which must mean the present statutes, could consist with their desires that the present standing laws should be repealed ? adding, he did not believe the king was obliged to repeal them, or ratify the acts of the assembly. The commissioners replied, that their desires might be agreeable to fundamental laws,

Another meeting.

Laud in- terferes.

CHARLES I. 539

and yet they might, without any inconsistence, crave that BOOK particular acts repugnant to the conclusions of the assembly, ^IIL might be repealed ; for as the parliament may make laws 1639.

for the good of the church and state, so they may repeal c.ommis-

J J I sioners* r«

such as are m opposition to the welfare of either ; and they ply. undertook to show that the king was obliged to ratify their conclusions. On which, the primate superciliously observed, lie was not so grossly ignorant, as not to know that par- liament had power as well to repeal laws as to make them; but what he wished to be informed of was, how could their desires be agreeable to the laws, when they crave standing laws to be repealed, by reason of the conclusions of the assembly, ex consequenti ? For if the convocation in England should take upon them to annul and repeal acts of parliament, what confusion would there be ? To this the commissioners answered : — " That acts of parliament which depend upon acts of assembly, must necessarily fall and be repealed, when an assembly had annulled those acts of the assembly, whereof those acts of parliament were ratifica- tory ; but that the English convocation, consisting only of prelates, and some of the clergy, was far different from their general assembly, where the king or his commission- er sits, and where the whole congregations and parishes of the kingdom are represented by their commissioners from presbyteries ; so that what is done by them, is done by the whole church and kingdom, and therefore ought to be al- lowed in parliament." " The convocation in England," said the archbishop angrily, "is as eminent a judicature as yours, and ought not to be so slighted ;" adding, that he and the clergy were members of parliament, but no reform- ed church had lay elders as they had in their assemblies, and he would lose his life before they had them. The commissioners told him, they had not meddled with his convocation, nor would if he had not brought it in him- self; they denied that laics were members of their assem- bly, for the office of elders is ecclesiastic, and as orthodox and agreeable to scripture as any order they had in their convocation ; but what they craved was, that acts of parlia- ment should repeal acts of parliament which had now no

540 HISTORY OF SCOTLAND.

BOOK force.* In several subsequent appearances, the commis-

*II> sioners explained or defended the various articles which had

1639. been proposed to be enacted at the meeting of the estates ;

fence of ' at *^e same time remarking, that as they were only pro-

the parlia- positions prepared for parliament, some might have been

withdrawn, and what was objectionable in the others, could

have been altered, amended, or modified, before they were

passed.

XLVI. Unacquainted as the English, in general, were with the constitution of a Scottish parliament, they might not, perhaps, have perceived that all the outrages against his au- thority, of which Charles complained, were merely first draughts of bills, which had not received even the consider- ation of the estates; but the explanations which the com- missioners gave, so completely exposed the futility of their being considered as grounds of war, that the king, who was anxious to interest the English nation in the quarrel, eager- ly seized upon a letter of some of the Scottish nobles to the French king — produced by Traquair — as an evidence of the treason of the covenanters, and a proof of their intentions to introduce the ancient enemy again into the island. The letter was of the following purport : — " Sire, your majesty being the refuge and sanctuary of afflicted princes and states, we have found it necessary to send this gentleman, Mr. Colvil,f to represent unto your majesty, the candour and in- genuity, as well of our actions and proceedings as of our in- tentions, which we desire to be engraved and written to the whole world, with a beam of the sun, as well as to your ma- jesty. We therefore most humbly beseech you, Sire, to give faith and credit to him, and to all that he shall say

Letter to on our part, touching us and our affairs, being much assur-

the French , „. * '

king. ed, bire, or an assistance equal to your wonted clemency

heretofore, and so often showed to this nation, which will not yield the glory to any other whatsoever, to be eternal- ly, Sire, your majesty's most humble, most obedient, and

* Rushworth, vol. iH. pp. 995-7. Proceedings of the Scots commission- ers. King's declaration.

f Brother to sir Robert Colvil of Cleish.

CHARLES I. 54-1

most affectionate servants," subscribed, Rothes, Mar, Mont- BOOK gomery, Montrose, Loudon, Leslie, and Forrester, and ad- V^l- dressed — au Roi — the style appropriate from subjects to 1639 their natural sovereign. This letter was without a date, and was directed by a different hand, not by any of the parties implicated in the transaction. Owing to an inaccu- racy in the language,* after the paper was signed, it was thrown aside, and by some accident fell into the hands of sir Donald Goram, by whom it was given to the earl of Tra- quair.

XLVII. This discovery, which revealed the connexion of the Scots with France, was construed as a transference of their allegiance from their natural prince. Loudon, when ex- amined before the privy council, honestly acknowledged the Loudon ac- hand-writing and subscription as his, but said it was written when his majesty was marching in hostile array against his native land ; that in these circumstances, anxious to procure some mediator to mitigate his wrath, they could think of no one so fit for that office as the French king, the nearest re- lative by affinity his majesty had among the princes of Europe ; but that the idea was suggested too late, when the English army was already upon the borders, and therefore the letter was never either addressed or forwarded ; besides, he urged that even if there had been any criminality, that he was comprehended in the act of oblivion ; and, at all events, his crime was only cognizable by his peers, and in the coun- try where it was alleged to have been committed. The com- The com.

missioners were notwithstanding, sent to the Tower, and mission?™ T i . . /v« i i j sent to the

Loudon, it is affirmed, very narrowly escaped a summary Tower.

execution. The king, about three o'clock in the afternoon, sent to Balfour, lieutenant of the Tower, a warrant for be- heading the earl before nine o'clock next morning, which the lieutenant intimated to his lordship that evening, by whom the awful annunciation was received with astonishing com- posure, and he prepared to submit with resignation to his fate. But Balfour, not altogether clear about the responsi- bility of putting a nobleman to death without a trial, carried

* The word raiy, a cray-fish, having been used instead of rayon, a sunbeam.

542

HISTORY OF SCOTLAND.

BOOK VIII.

1640.

Death of archbi- shop Spots- wood.

Ills char, acter.

the warrant to the marquis of Hamilton, who with some dif- ficulty obtained access to the king at midnight, and began to expostulate, when his majesty interrupted him, exclaiming violently : — " by God it shall be executed." Hamilton, however, represented the dismal consequences which were likely to ensue from the violation of the safe-conduct he had granted, and of all legal forms, so strongly ; affirming, that if he proceeded, Scotland would be lost for ever, nor would his own person be safe from the outrages of the populac that the king sullenly called for the warrant, and tore it pieces, with evident marks of reluctance and chagrin.*

XLVIII. In the midst of these distractions died archbishop Spotswood, primate of Scotland, the prime mover of all the commotions. He took alarm at the serious opposition which he saw made to the introduction of the liturgy, and early fled to England to escape the mischief he had raised. Although educated in the principles of the first reformers, his ambition made him the ready and active tool in establish- ing a hierarchy. He was supple, crafty, and intriguing, and his eminent abilities enabled him to reach the highest dignities in church and state ; but he exercised his power without moderation, and to his violence and severity it may in some measure be ascribed, that he lived to see the one overturned, and the other shaken to the foundation. His proceedings in the court of high commission paved the way for the confusion that followed. His private life was open to the attacks of his enemies, and indefensible by his friends; for in avoiding the appearance of puritanism, he indulged in practices both immoral and profane. As a historian, he is entitled to high praise ; leaning, as was natural, to the side he espoused, he is yet moderate, and although some-

" Oldmixon, Hist. p. 140. Burnet's Memoirs, p. 161. Laing, vol. iii. p. 196. thinks that the fact appears to be more conformable to the precipitate councils, than to the general character of Charles, who was arbitrary indeed, but was certainly averse to the execution of a sanguinary measure I am at a loss to perceive any marks of aversion in Charles to sanguinary measures ; he showed no great reluctance to arm his subjects against each other, for the purpose of enforcing his arbitrary mandates, about trifles ; yet there have been men, who, while they gloried in wholesale massacre, would have shrunk, per- haps, from an individual murder.

CHARLES I. 543

times overcharged in the colouring, the material parts of BOOK his narrative remain unimpeached. His style is plain and VIi*' perspicuous, undebased by the false ornament, or foolish 1<HO quibbling, in which some of his contemporaries delight ; and it has been remarked, as his peculiar felicity, that his erudition was neither infected with the pedantry, nor con- fined to the polemical disputes of the age.

XLIX. Not many months after, the earl of Stirling, prin- Death of cipal secretary of state, died also. His poetical genius and scholarship first recommended him to James, and he succeed- ed to an equal share of favour with the son. He was the only Scotlishman who had a foreign title, having been creat- ed viscount Canada, with liberty to dub an hundred knights, from each of whom he received a considerable sum of money. He obtained a grant of Nova Scotia from James, which lie Knights of transferred to the French king for an ample consideration ; sc'jtfa. and a license to coin copper, which he employed to debase the currency, till the abuse swelled the list of national griev- ances. He was succeeded as treasurer by lord William Hamilton, brother to the marquis of Hamilton, then in Ins twenty-fourth year, dignified with the title of earl of Lanark, Earl of La-

a title, the patent of which, it was alleged, was formerly na* trea' withheld, on account of the covenanting zeal of the dowager marchioness.

L. Pending the negotiations between the king and the Scots an incident took place which deserves to be noticed, on account of the effects which it produced on the affairs of the island, although at first sight it may appear rather un- connected with the passing events. Scarce two months af- ter the king returned from Berwick, a large Spanish arma- ment appeared upon the English coast, consisting of about seventy sail of ships. They were descried first by a small fleet of Hollanders beyond the Land's End, who, being too Van weak to risk an engagement, hovered in their rear till they ?'romP de-

.... * feats the

arrived in the narrow sea, when obtaining the weather gage, Spaniards they kept up a brisk fire, not only to annoy the enemy, to give notice to the Dutch admiral, Van Tromp, then block- nei. ading Dunkirk. Attracted by the noise of the firing, he broke up, and joined his countrymen with eight stout ves-

544: HISTORY OF SCOTLAND.

BOOK sels, which now increased the Dutch squadron to twenty-five VIII. saj]t Undismayed at the superiority of number, he reso- 1640. lutely attacked the Spaniards, and after a hard day's fight- ing, took three galleons, sunk one, and shattered a number, insomuch that the Spanish admiral sought refuge in the Downs. Here they remained nearly a month, receiving reinforcements daily, till at last Tromp, impatient of wait- ing, attacked the enemy — although within the English wa- ters— -with great fury, and sending in some fire-ships among them, the whole dispersed, each shifting for himself; twen- ty, under the vice-admiral, ran on shore ; five were sunk, among which was a flag-ship ; about thirty put to sea, under cover of a thick mist, but the day clearing up, they were again attacked by the indefatigable Dutch, and of the whole, about ten ships only, along with the admiral, Don Antonio D'Oquendo, reached a friendly port.

LI. Rashly again at issue with the Scottish subjects, the very first steps of the king should have opened his eyes to the difficulties and dangers which lay before him. He had already had proof of their zeal and unanimity ; and the dis- satisfaction in England was such, that for eleven years he had not dared to assemble his parliament. The complaints of the Scots were similar to those of the English ; and he was well aware that the wide diffusion of their supplications, and the personal communication which took place while the armies lay within sight of each other, had strengthened the sympathies of the two nations for their mutual sufferings ; and that the moderation which the covenanters always dis- played, as well as the loyalty they uniformly professed, had created an interest in their favour, which their uniform, exemplary conduct on every occasion tended to increase. In such circumstances a war was not likely to be popular in England, whence alone he could draw the means for carry^ ing it on ; and his treasury was exhausted by his last worse than fruitless campaign. To replenish it, he had recourse Affords an to j^jg former illegal exactions : and as the invasion of his

excuse for

levying waters by the Dutch seemed to require that the honour and ship mo- integrity of his naval dominion should be preserved, it af- forded a pretext for imposing anew that hated course of

CHARLES 1. 545

raising supplies, by levying ship money ; the lord high ad- BOOK miral was ordered to equip twenty vessels, and the tax, with VIII- arrears, was rigorously exacted.

LIT. Charles with great difficulty found means to raise an army ; but all his resources he perceived would be inade- quate to support it long. An English parliament therefore An Eng. was resolved upon, and summoned to assemble under cir- ment^' cumstances the most unfavourable, when his necessities were so urgent, and the irritations and disgusts of the puritans, who formed the most able as well as the most numerous class of the community, so fresh and so strong. But he anticipat- ed powerful effects from the demands of the Scottish estates, which his council had persuaded him were too enormous to be considered in any other light than as violent attacks upon his unequivocal rights of sovereignty ; whilst they displayed their malignity toward the English, by stigmatizing them as strangers, unworthy to enjoy any dignities or privileges in Scotland, or of being intrusted with the command of any forti- fied place in their country ; and the abstracted letter of the no- bles, which, besides being in his opinion palpably treasonable, he affirmed was equivalent to a declaration of war against England, by inviting their ancient enemy into their country.

LIU. Unwilling, however to trust that assembly with a long session, he delayed the day of opening till the urgency and pressure of the times should become so imperious and unequivocal, as to cut off all opportunity for protracted dis- cussion respecting the propriety of granting supplies. When they met, therefore, he represented the season of the year, and the state of his armament, as reasons why they should pro- ceed, in the first instance, to grant him such supplies as would enable him to meet the current expenses ; assuring them upon the word of a king, that he would soon afford them another opportunity for inquiring into, and remedying the abuses of the state.

LIV. The house of commons did not participate so vio- Prove re. lently as his majesty had expected, in his exasperated feel- fractoI7- ings. They proceeded to examine their own wrongs, which, as they felt more acutely, they were more anxious speedily to get rid of, than of the more distant, and somewhat doubt- ful wrongs of their sovereign. As they persisted in stating

VOL. III. 4 A

546

HISTORY OF SCOTLAND.

BOOK their grievances, the king, impatient of their delay, and ir- VIII> ritated at their non-compliance with his request, hastily dis- 1640. solved them in a fit of passion, before they had sat much

Dissolved. jonger than a month. The ill humour which this abrupt termination engendered, was still farther promoted, by the harsh and unconstitutional acts which immediately followed.

King's vio- fjenry Bellasis, Esq. member for the county of York, and sir John Hotham, were summoned before the council, and refusing to give an account of their conduct in parliament, were committed to the Fleet. John, afterward lord, Crew, who had been chairman of the committee on religious affairs, because he would not deliver up the petitions and complaints which had been presented, was imprisoned in the Tower ; and the cabinets of the earl of Warwick and lord Brooke, were broken open, and even their pockets searched, upon suspicion of having held some secret correspondence with the Scots.

LV. A parliament, which the nation revered, being dis- solved, the convocation which they hated, was, notwithstand- ing, allowed to sit and frame canons, an unusual circum- stance during a recess of the legislature. Among their en- actments, what afforded a fertile topic for ridicule, was an oath, which, in their anxiety to guard against Scottish con- tagion, they prescribed to be taken by all clergymen and graduates of the universities ; they made them promise ne- ver to give their consent to alter the government of this church by archbishops, bishops, deans, archdeans, &c. and swearing to an et ccetera, was thought rather a strange me- thod of binding a man to a particular class of orders in a church. But whatever might be their faults in the eyes ol the people, they possessed redeeming qualities in the eyes of the king ; they flattered his prejudices, and ministered to his necessities by a seasonable benevolence from the spi- ritualities, amounting to about twenty thousand pounds ster- ling annually, for six years. The other expedients to which the king resorted in this exigency, were ordering the coun- ties to advance coat and conduct money for their respec- tive troops ;* buying all the East India peppers on credit,

The con- vocation

Vote a supply.

These troops were pressed out of the militia of each county

CHARLES I. 54-7

and reselling them at a low rate for ready money ; an ex- BOOK torted bonus of forty thousand pounds from merchants who VIII. had bullion in the Tower, in order to save the whole from 1540. seizure ; and a forced contribution from the city of London, °tner ex- under pain of forfeiting their privileges. A voluntary loan to procuring a considerable extent, was besides obtained from the nobles, monev- and Strafford had procured five subsidies from the Irish par- liament, amounting to about two hundred and fifty thousand pounds.

I. vi. At length, by dishonourable shifts and strenuous ex- An army ertions, his majesty saw equipped for the episcopal campaign,* appoint! nineteen thousand foot, and two thousand horse. Nonements. of the former commanders were employed ; but instead, the earl of Northumberland was appointed general, Strafford, who was called over from Ireland on purpose, lieutenant-ge- neral, and lord Conway, general of the horse. Scotland exhi- bited a very different appearance; in opposition to the tardy, unwilling, impressed soldiery of Charles, all was animation, unanimity, and zeal. The wealthy readily contributed their money, plate, or credit, the women brought their ornaments to the public treasury, and provided cloth for the soldiers' Zeal of the tents, and the voluntary collections at the church doors, °cots' were increased to a considerable amount, by the small, but ac- cumulated offerings of the lower and middling ranks, who emu- lated their superiors in the cordiality with which they gave, if not in the value of their gifts. The tables had not, even in signing the treaty, confided in the sincerity of the king; and when the army was disbanded, they retained the expe- rienced officers among them, upon the honourable pretext, that they could not in justice, allow countrymen to go unre- warded, who had resigned their rank and honour abroad, to serve their native land in the hour of danger. The soldiers, they knew, on the first call would return to their ranks, and the merchants never intermitted the importation of arms and ammunition. The leaders had narrowly watched the pro- ceedings of Charles, from his refusal to attend the meeting

* One private country gentleman, little known, observed, that the supply was to be employed in the supporting Bellum Episcopale, which he thought the bishops were fittest to do themselves. Clarendon, vol. i. p. 136.

HISTORY OF SCOTLAND.

BOOK of the assembly and estates, till he called together his Eng- IIIj lish parliament, and marked every progressive act of hostili- J640. ty; but they waited with patience till their own should re-as- semble, after the prorogation had expired.

Parliament LVii. On the 2d of June it met accordingly, but Traquair, who was afraid to revisit Scotland as commissioner, omitted to forward a warrant to those who were appointed to act in his place. When a commission to prorogue was read, lords Elphingston and Napier refused to officiate without the com- missioner's authority ; and the other two, the lord justice clerk and king's advocate, unable to proceed without them, could only protest, a useless ceremony, as this was merely an ad- journed meeting of a parliament, convoked by the king's au- thority. They then, without farther delay, chose lord Bur- leigh president, and resumed their business. The articles formerly prepared, were now adopted ; the constitution of parliament was settled, and declared to consist only of nobles, barons, and burgesses, and all former acts in favour of bishops and other ecclesiastics, were rescinded ; the lords of the articles were reduced to their original destination, a Its pro- committee, which subsequent parliaments might or might ceedmgs. not cj,oose as they saw fitj an(j when chosen, should be free- ly elected out of their respective estates ; the acts of the ge- neral assembly were ratified, and the temporal and spiritual powers of the hierarchy abolished ; no proxies were admit- ted, nor could any person be created a peer of parliament, unless possessed of ten thousand merks of yearly rent within the kingdom ; grievances, instead of being given in as for- merly to the clerk register, were to be openly presented to the house ; the privy council was rendered subordinate, and accountable to parliament, and the meeting of parliament once in three years was secured, the time and place to be ap- pointed by his majesty, or his commissioner, in conjunction with the estates, before the closing of every parliament ; ar- bitrary proclamations were declared illegal. After these acts, establishing the constitution, liberty, and powers of the parliament, a committee was chosen, to manage all affairs concerning the army, raising money, and preserving the public peace, one-half to attend the general in the camp, and the other to remain at Edinburgh. To them was intrusted

CHARLES I. 549

the whole executive power, till next meeting of the estates BOOK in convention or in parliament. To defray the expenses of vm- the war, a tenth of the rents, and a twentieth of interest 16.40- were imposed, and to meet the immediate demand, the committee were empowered to borrow upon their own se- curity. To supply the want of the royal assent, the whole lieges were ordained to subscribe a bond, promising to obey, maintain, and defend the acts and constitutions of that session ; they then prorogued, by their own authority, till the 19th of November, and ordered all their acts to be printed. After parliament rose, the committee transmitted a copy of their acts to lord Lanark, secretary, to present to Sentforthe his majesty, with a declaration prefixed, justifying their pro- ceedings, and a loyal petition annexed, praying his majesty's approval.

LVIII. War having already commenced, all trade was in- terrupted by the English cruisers ; and the garrison of Ed- inburgh castle, which had been victualled and reinforced during the hollow truce, commenced firing upon the town, and committed several acts of wanton depredation upon the citizens. The king issued his manifesto, and refused look- ing at the representations of the last Scottish parliament, jje pro- which he pronounced treasonable ; the Irish parliament de- claims clared the Scots rebels, and authorized every attempt to re- sonable. duce them by force to obedience. At last the general com- mittee issued their orders for embodying every fourth man capable of bearing arms, and their army to assemble. Sir Alexander Leslie was again appointed commander-in-chief, lord Almond, brother to the earl of Linlithgow, lieutenant- general, W. Baillie, major-general, colonel A. Hamilton, general of artillery, colonel John Leslie, quartermaster-ge- Scottish neral, and A. Gibson, younger of Durie, commissary-gene- forces. ral. The nobles in general, had the rank of colonel, but as their knowledge of the art of war was limited to the commo- tions which had taken place in their own country, they were assisted by the advice of veterans who had been bred in camps, and who were appointed as lieutenant-colonels. Ar- gyle was ordered to protect the west coast, and reduce the disaffected clans in the north. He accordingly, committing Canty re and the islands to the charge of their inhabitants,

550

HISTORY OF SCOTLAND.

BOOK VIII.

1640. Proceed- ings of Ar- gyle in the highlands.

Monro in the north.

Imposes the cove- nant.

traversed, with a force of about five thousand men, attended by a small train of artillery, the districts of Badenoch, Atholl, and Mar, levied the taxation imposed by the estates, and en- forced subjection. The earl of Atholl having made a show of resistance at the ford of Lion, he sent him prisoner to Stirling; and his factor, sir Thomas Stewart, younger of Grantully, together with twelve of the leading men in the county, he ordered to ward in Edinburgh, till they found security for their good behaviour, and exacted ten thousand pounds Scots for the support of his army. Thence he march- ed into Angus, where he lived at free quarters, and demo- lished the house of Airly, which lord Ogilvy had been obliged to abandon. After having secured the peace of that district, he returned home to Argyleshire, in time to relieve the western soldiers, who were required to join the main army. Episcopalians speak with indignation of the ra- vages committed during this incursion, but Balfour repre- sents the army as under the strictest discipline, and instances the execution of four soldiers for committing robbery.*

LIX. Monro, who was sent to the north, was less scru- pulous. Accustomed to pillage in the German wars, he suppressed the king's adherents with unjustifiable severity. His first act, for which it is alleged he had neither the au- thority of church nor state,f but for which he certainly had the example of Montrose, was imposing the covenant on all he suspected of disaffection. :j: For disobedience to this in- junction, he sent twenty-six of the wealthiest burgesses of Aberdeen prisoners to Edinburgh, where they were de- tained a considerable time, and only relieved by paying

* Balfour's Hist. Works, vol. ii. p. 381. f Stevenson, vol. iii. p- 880.

| It is worthy of remark, that the covenant was first imposed at the point of the sword by Montrose, before it was legally enacted by parliament j now it formed part of the law of the land, and from the period when it became so, it became obnoxious to the most powerful objections which the covenanters themselves so strenuously urged against the impositions of Charles, and to which all religious tests are liable, when forced upon the consciences of men by any other than rational conviotion. While it was a voluntary bond of asso- ciation, for the defence of religion and liberty, it was laudable, and from the pe- culiar circumstances of the country, requiring assent to it from men in public situations, might perhaps be necessary ; but to enforce it by pains and penal- ties, on those whose sentiments were different, was as verily persecution, as commanding the observance of the liturgy.

CHARLES I. 551

pretty heavy fines. He besieged and took Drum, situate BOOK near the river Dee, the seat of sir Alexander Irvine, a VI"' gentleman of great estate and ancient family, and a firm 1640. anti-covenanter, who had garrisoned the place, but was ab- sent when it was attacked ; and his lady, terrified by the can- non, and hopeless of relief, surrendered. Here forty soldiers were quartered, with directions to remain till all the pro- visions of the castle were consumed, and then to subsist up- on the produce of the estate.

LX. Returning to Aberdeen, he augmented his army with some townsmen, and plundering the country as he went, marched against Strathbogie, where he encamped, cutting Wastes down the shrubbery and plantations, to make huts for his {^fg soldiers. Earl Marischal, who was with Monro, sent to his relation the marchioness, who remained at the Bog, [now castle Gordon,] during the absence of her lord, and required the keys, which were immediately sent. The soldiers, on obtaining possession of the store rooms, began to bake and brew, and supplying themselves from the stock of the ten- antry, with beef, mutton, or poultry, rioted with all the wanton waste of unlicensed mercenaries in a conquered country. Encouraged by the example of the troops, a high- land robber ravaged Moray, and carried off a great num- ber of horse, nolt, kine, and sheep, to the fields of Auchin- down, where he was pasturing them quietly as his own pro- perty, when Monro came upon them, and drove above two thousand five hundred head of cattle to Strathbogie, where they were sold back to their owners, at the rate of a merk the sheep, and a dollar the nolt.

LXI. Leaving the main body at Strathbogie, the general, Takes with three hundred mer- and some field-pieces, set out for Spynie, the residence of Guthrie, bishop of Moray, who, without resistance, offered him the keys, and invited him and his followers into the castle. In requite, Monro, seized only the ammunition and military stores, and having left a small guard of twenty-four men, returned to the marquis of Huntly's grounds. His soldiers, who had been allowed to revel in the spoils of the country, dissatisfied at the small share they had received of the monies levied, exhibited a mutinous disposition : but Monro., whose military discipline

552

HISTORY OF SCOTLAND.

BOOK

VIII.

• . • •• —

1640.

Destroys sir George Ogi Ivy's seat at Banff.

Bad con- sequences of his pre- datory warfare.

Assembly meets at Aberdeen

partook of the German school,* quickly suppressed it, by a summary execution of the principal ringleaders. As he had now rendered the district " moneyless, horseless, and armless," he returned the keys of Strathbogie to the march- ioness of Huntly, set fire to his camp, and marched to Banff, the magnificient seat of sir George Ogilvy, which he de- stroyed, together with his garden — then the finest in Scot- land—enclosed with excellent stone walls, and well stocked with fruit trees, all of which he cut down, nor did he leave a hedge standing. Sir George was then with the king, who, when the disaster was related, remarked, "as for the house it mattered not much, money could build it up again in a short time ; but it was cruel to destroy his garden, which years could not repair." By these severe measures, he dissipated all the projected risings in the north, broke the power of the royalists, and preserved peace for the time, but he left behind him deep dissatisfaction, and rendered the district he had wasted, irreconcilable to the covenant, although a number had subscribed it, to avoid being plun- dered.

LXII. Agreeably to their appointment, the assembly met at Aberdeen, notwithstanding the confusion and din of arms, and is remarkable for the first introduction of discussion up- on an embryo sect, which was afterward to make such a prominent figure on the canvass, during the troublous times that followed. While the Perth articles, and other inno- vations were rigidly urged, a number of pious persons, par- ticularly in Edinburgh, who could not consistently attend the places of worship where these were enforced, were accus- tomed to meet together for prayer, reading the Scriptures, and religious conference, and sometimes during church hours; but in the north of Ireland, that practice had been much more universal, for the presbyterians there having been deprived of their ministers, who were driven away by the bishops, they found these social meetings a mean of preserv- ing a lively sense of religion among them. A practice so similar to that of the independents, naturally led to the adop-

* One of his modes of punishment was by the trein mare, a narrow wood- en plank, which the soldier was forced to ride with weights affixed to his feet

CHARLES I. 553

tion of congenial principles, and a number of the Scoto-Irish, BOOK looking forward to a refuge in America, were partial to the VIII. form of discipline which prevailed among the churches of 1640.

New England. But when sects at first break off from a na- Priv*te

i_ i • • r- • i meetings

tional church, it is not uncommon for a considerable degree for prayer,

of enthusiasm, and a bitter party spirit, to mix along with *£' and their endeavours after a purer communion, from a number dent prin- of half informed proselytes of unsettled principles, or unruly C1^les- passions ; who, perhaps leaving an establishment from mo- tives of personal irritation, of conceit, or disappointed vanity, think the farther they recede from the church they leave, the nearer they approach to perfection. Some such mingled with these good men ; and by their extravagancies, refusing to worship with the congregation, meeting during the night, censuring others as less holy than themselves, and delighting in useless and impertinent disputations, created a feeling of unkindness towards the whole body, which was afterwards heightened by other causes, continued long in Scotland after the original offences were done away, and is not yet entirely extinguished.

LXIII. When the persecution in Ireland forced numbers to flee, some who had not the means of crossing the Atlantic, came to Scotland, where they were kindly received ; and on account of their remarkable piety, their peculiarities were in general charitably overlooked. But the laird of Leckie, who had suffered much from the bishops, and was esteemed an intelligent and a good man, having settled at Stirling, his exemplary devotion attracted around him numbers, chiefly of the lower orders, whom he encouraged to associate for religious exercises ; several of them who were unable to read, attended on his family worship — it was alleged to the neglect of their own — and some, who, as was conjectured, came as spies, carried expressions which he had used in prayer, to violently the minister, and represented them as reflections cast upon ^P0^1 by him. The minister, Mr. Henry Guthrie,* immediately Guthrie.

* It cannot be too strongly inculcated, that zealots always hurt the cause they espouse, and ought ever to be suspected ; this fiery presbyterian we shall meet with after the restoration, as bishop of Dunkeld. His Memoirs, or rather apology, were published after his death, but by an editor of somewhat suspi- cious fidelity.

VOL. III. 4- B

554 HISTORY OF SCOTLAND.

BOOK brought him before the presbytery, where he and they who viM- attended at his meetings, were condemned as encroaching on 1640. the office of the ministry, and the magistrates expelled them from the town !* Not satisfied, however, with the punish- ment of Leckie and his fellow- worshippers, he wished to root out the heretics, and collecting every report he could hear to their disadvantage, he endeavoured to get social meetings for Christian exercise prohibited by the assembly, 1639 ; but Mr. Samuel Rutherford, and Mr. David Dickson, afraid lest the characters of the innocent, and religion itself should suffer, through the imprudence of a few, prevented the matter from being brought before that meeting. Yet Guthrie still kept alive the flame, which the more temperate of his brethren wishing to extinguish, a conference was held in Edinburgh, between the Conference leaders on both sides of the question, Mr. Alexander Hen- on the sub- person, and Eleazer Borthwick, who were against, and Mr. David Dickson, and Mr. Robert Blair, who favoured the practice of private meetings, the result of which was drawing up a few caveats to prevent abuses. In these, the people were admonished to guard against doing any thing in their meetings prejudicial to the public worship of the congrega- tion ; that the number assembled be few, and unseasonable hours avoided, such as the time of public worship, of family exercise, or the night season ; that the use of this mean in- terfere not with their secular employments, or relative du- Caveats a- ties ; that the meetings be only occasional, and that they be

gamst a- not tne cause of dividing between the members and the rest buses of .... ~, ., ,

such meet- or the congregation, in estimation nor affection, and it they

ings issued, nave any doubts respecting the established order, that they present them, with their reasons, to the ministry and assem- blies of the church ; that the exercise be prayer and con- ference, and the proper distinction be observed between what belongs to private christians, and what belongs to the functions of the ministers; and finally, that all things be done with prudence, humility, and charity, that the church may be built up in one body, and not divided or destroyed. LXIV. The caveats were in general considered throughout the country, as the only and most satisfactory manner of

" Stevenson's Ch. History, vol. iii. p. 891.

CHARLES I. 555

treating the meetings, but Guthrie insisted upon stronger BOOK measures; and having gained over a number of the north coun- VIII. try ministers, the business was brought before the present

assembly. After a riotous debate, in which the opposers Guthrie of the meetings endeavoured by clamour to carry a con- Before the demnatory sentence, and the others — Mr Samuel Ruther- assembly. ford in particular — * contended, that the practice was scriptural, and what the scriptures warranted, no assembly had any right to disallow; an act passed, prohibiting any person, except a minister, or expectant approved by the presbytery, from explaining the scriptures in public, or ad- mitting to family worship, more than the members of the . family. Several of the more pious members of the assembly ed against were highly displeased with this regulation, but submitted them' to their noisy brethren for the sake of peace, and not to ex- pose the church to obloquy in a place where there were so many who were waiting for their halting. This decision it would be difficult altogether to justify ; it may perhaps be palliated by the consideration, that a number of the mem- bers of assembly were influenced by a dread of appearing to encourage improper practices in sectaries, the evil effects of which some of the most learned of their body had wit- nessed on the continent.

LXV. In times of violent public agitation, it is impossible always to repress the rabble, so that no extravagancies will occur, although often the most violent, are those that arise from the enemies of the cause they pretend to espouse. Aberdeen, from the indecision and versatility of her politics, appears to have been especially exposed to visitations of this kind, and was alternately plundered and harassed by cove- nanters, and non-covenanters. While this assembly was

* Mr. Rutherford all the while was dumb, only in the midst of this jang- ling, he cast in a syllogism, and required them all to answer it, " What scrip- ture does warrant, an assembly may not discharge j but privy meetings for exercises of religion, scripture warrants, James v. 16. Confess your faults one to another, and pray one for another. Malachi iii. 16. Then they that feared the Lord, spoke often one to another; thir things cannot be done in public meetings, ergo, &c." A number haunsht at the argument, but came not near the matter, let be to answer formally, and lord Seaforth would not have Mr. Samuel trouble us with any of his logic syllogisms. Baillie, vol. i. p. 200.

556 HISTORY OF SCOTLAND.

BOOK siting* some of the former vented their pious indignation VIII. against the remnants of idolatry ;* but we shall afterward 16^0> find the latter strewing the streets with the carcases of the slain.

LXVI. During the early period of the Scottish prepara- tions, the confinement of the earl of Loudon, prevented all direct intercourse with the king ; the Scots alleging, that they durst not venture to send any commissioners, as the public faith had been so openly violated in his case. His majesty at last, convinced of the impolicy of detaining him, on the suggestion of the marquis of Hamilton, entered into a treaty with the captive lord, expecting to purchase his gratitude and services by setting him free from an unjust imprison-

Earl of ment. He was accordingly enlarged, and allowed to return

Loudon re- . , . . . . . , , .

leased and to his native country, carrying with him an answer to the

sent to letter which the Scottish nobles had sent to the earl of La- nark, when they transmitted him the acts of parliament, re- fusing the royal assent to the acts ; hinting, however, that the refusal was not absolute ; but that when they should take such a humble and dutiful way as should witness that they were not less careful and tender of his majesty's royal power, than they were desirous of his approbation ; then it would be time to expect such a gracious and just answer, as would testify his fatherly compassion for his native kingdom, and

* The earl of Seaforth, master of Forbes, with the principal of the college, the doctor civilian, with a number of barons and gentlemen, held a meeting in king's college, to settle some internal regulations, and it is pitifully recorded, that they, " riding up the gate to St. Michael's kirk, ordained our blessed Lord Jesus Christ, his arms to be cut out of the forefront of the pulpit thereof, and to take down the portraiture of the blessed Virgin Mary, and our Saviour in her arms, that had stood since the up-putting thereof, in curious work, under the ceiling, at the west end of the pend, whereon the great steeple stands, un- moved till now ; and gave order to colonel master of Forbes, to see this done, whilk with all diligence he obeyed ; and besides, where there were any cruci- fixes set in glass windows, those he caused pull out in honest men's houses ; he caused a mason strike out Christ's arms in hewn work, on each end of bishop Gavin Dunbar's tomb, and sicklike chizel out the name of Jesus, drawn cypher- ways, out of the timber wall on the foreside of Machar's isle, anent the con- sistory door ; the crucifix of the old town cross was thrown down, the crucifix on the new town closed up, being loath to break the stone. The crucifix on the west end of St. Nicolas' church in New Aberdeen thrown down, whilk was never touched before." — Spalding, vol. i. p. 246.

CHARLES I. 557

his pious and princely care for performing whatever was ne- BOOK cessary for establishing their religion and laws.

LXVII. When Loudon arrived, affairs had proceeded too far to admit of any settlement, short of an unreserved com- pliance on the part of the king with the demands of his sub- jects, or an irresistible power to crush their gathering strength. He was not willing to yield to the first, and therefore deter- mined to try the last alternative ; but it was toward the close of the summer ere active operations on either side could commence, and the first movements on the part of the Eng- lish gave warning for the Scots to assemble. Orders were instantly despatched from the general committee at Edin- burgh to all the sub-committees in the counties, to hasten the march of their different quotas to the general rendezvous, with provisions for from thirty to forty days. Early in Au- gust they arrived at Dunse, where they were reviewed by the Covenant- general, and their numbers amounted to twenty-three thou- sand foot, three thousand horse, and a train of heavy artil- lery, besides some light cannon formed of tin, and leather corded round, capable of sustaining twelve successive dis- charges ; a species of gun which had been used by Gustavus, and which the Scottish general had borrowed from that ser- vice.* For nearly three weeks, the army lay upon the bor- ders, improving themselves in discipline, and preparing for the field by devotional exercises, in which they were assisted and directed by the most eminent of the ministers, who at- tended the camp, in the capacity of chaplains ; and were not less useful in enforcing subordination, and exciting courage by their exhortations, than their officers in teaching the mi- litary art by their instructions.

LXVII i. The advance of the royal troops under Conway toward Newcastle, was the signal for the Scottish force to break up, and anticipate their attack by marching into Eng- land. This movement, which appears to have been unex- pected by Charles, — who possibly supposed that his oppo-

* Guthrie ridicules the idea of leathern guns, Hist- vol. ix. p. 309. but Burnet says distinctly they had an invention of guns of white iron, tinned and corded, so that they could serve for two or three discharges ; were light, and were canned on horseback. — Hist. vol. i. p. 36. Carte informs us, that such were used in Germany, in the History of Gustavus. — Laing, voL iii. p. 194.

558 HISTORY OF SCOTLAND.

rients would wait, as they did last campaign, till they were L_ invaded — although in itself so evidently advantageous and

h necessary, is, however, said to have been occasioned by a forgery of letter from lord Saville, to which was appended the names lord Savil- of severa] other noblemen — Bedford, Essex, Brooke, War- wick, Say, Seal, and Mandeville, encouraging them to en- ter England without delay. This letter, which afterwards turned out to be a forgery, was rendered highly probable, by the previous connexion which the Scottish commissioners had had with these noblemen, and with Hampden, Pym, and the rest of the leading patriots while in London ; who en- couraged them to proceed in their opposition to the court, hoping that, from their exertions, advantage would arise to the cause of liberty in England ; and as a farther corrobora- tion, Saville wrote to lord Loudon, assuring him that the entrance of the Scots into England would embolden their friends, who were ready cordially to unite with them in a re- monstrance which should comprehend the grievances of both nations, and looked to their army as the chief means for ef- fecting their desires; promising them, as they advanced, supplies of money, reinforcements of men, and plenty of pro- visions.

LXIX. As a still farther stimulus, the following letter was And an a- sent to head-quarters. " Such is our affection to your letter110 * cause, and care of your affair, that nothing hath been omitted which might conduce to the furtherance of your de- sign, nor the discharge of our own promises; but your of- ten failing in point of entrance, after solemn engagements by word and write, hath deadened the hearts of all your friends, disabled the most active to do you any further ser- vice, and disappointed yourselves of near ten thousand pounds, which was provided and kept for you till you had twice failed, and that there was little or no hope of your coming. The Lord hath given you favour in the eyes of the people so, as I know not whether there are more in- censed against our own soldiers, or desirous of yours. If you really intend to come, strike while the iron is hot ; if you be uncertain what to resolve, let us know, that we may se- cure our lives, though we hazard our estates by retiring. Here is no body of an army to interrupt you, no ordinance

CHARLES I. 559

to dismay you, no money to pay our own ; the city hath BOOK once more refused to lend, the trained bands to be pressed, the country storms at the billeting of soldiers, quarrels arise every day about it. If you have a good cause, why do you stand still ? If a bad, why have you come so far ? Either die or do, so you shall be sons of valour. P. S. If there be any thing of consequence, you shall have speedy intelligence of it."

LXX. From whatever source these invitations proceeded, they arrived very opportunely to enforce the only line of conduct the Scots could pursue. Their provisions and pay were every day wasting, and by marching into another country, they would bring affairs to a crisis, or procure sub- sistence for their forces, if obliged to maintain them long to- gether. The committee in the camp, therefore, called a ge- The cove- neral council of officers, to consider the propriety of carry- soiveeto enl ing the war into England, when it was unanimously determin- ter En£- ed on, and a deputation sent to Edinburgh to communicate their resolution to the committee there ; with which they cordially coinciding, two preparatory papers were printed and dispersed, one entitled, " Six Considerations, Manifest- Publish ing the Lawfulness of their Expedition into England ;" the jerSiT" other, "The Intentions of the Army of the Kingdom ofandinten- Scotland, Declared to their Brethren of England."

LXXI. The considerations were, first, that paramount plea, The consi. necessity ; either they must seek peace in England, or main- deratlons' tain armies on the borders to defend their country from in- vasion, which they cannot support; be deprived of their trade, which they cannot want, and be without the adminis- tration of justice, which would occasion a confusion not to be endured. Second, this expedition is in part defensive, for the aggression was first begun on the part of his majes- ty, who refused to ratify the articles of pacification agreed on with their commissioners, and in his council declared war without hearing their deputies ; convened the English and Irish parliaments to grant subsidies for carrying it on ; or- dered their ships and goods to be seized and confiscated, and authorized the inhabitants of Edinburgh to be killed by the garrison of the castle. The conduct of the protestants in France, in similar circumstances, was justified by those

560 HISTORY OF SCOTLAND.

BOO K wh° would now wish to be considered the greatest royalists VIII- in England ; and if it be lawful for a private man, when his 1640. house is shut up, and the supply for himself and family pre- vented, to forcibly break the illegal enthralment, it is equal- ly so for a nation when blockaded to seek the like relief; but as a conclusive proof that their object was only defence, they affirmed their willingness to lay down their arms as soon as a secure peace could be obtained, by which their li- berty would be preserved. Third, that they had endeavour- ed by supplications to avoid extremities, but were constrain- ed to take arms by their enemies, who wished to make their resistance to oppression a national quarrel, which, however, they hope will prove a firmer bond of union between the na- tions in the work of reformation. Fourth, it is lawful, be- cause it is not against the nation, but the Canterburian fac- tion, misleaders of the king, and common enemies of both kingdoms. Fifth, the end for which they come ; not to do any disloyal act against his majesty, or enrich themselves, but to suppress and punish in a legal way, the disturbers of the church and state. And sixth, the blessed effects which will follow their success ; Scotland reformed as at the begin- ning ; the reformation of England, so long prayed for, brought to pass ; papists, prelates, and all other members of the antichristian hierarchy dismissed; the names of secta- ries and separatists no more mentioned ; and the Lord one, and his name one, through the whole island. In this paper were first openly expressed by the presbyterians a wish to extend their own form of church government to the sister kingdom, and that exclusive claim to pre-eminence and civil protection, which afterward became the source of so much misfortune and misery.

The inten- Lxxii. The " Intentions," which may be considered as the Scottish manifesto, is an able and an elegant production, drawn up with much art to conciliate the English nation ; and though it breathes the same spirit, does not so avowedly profess the principle of conformity as the Instructions. In it they disclaim all intention to enrich themselves at the expense of their dear brethren, and appeal to their past conduct and known moderation as pledges of the sincerity of their present professions ; for though their ships and goods

CHARLES I. 561

were seized by the king's ships, they had made no retalia- BOOK tion upon the property of the English. They gratefully ac- V*IL knowledge the hesitation of their parliament to grant sup- 1640. plies while that of Ireland had been so obsequious, and the affection of the city of London, and attest before God their desire to repay such kindness, by avoiding, unless compelled to it by papists or prelates, every act of violence or blood- shed ; but warn them, that the forcible suppression of their complaints would be a precedent for putting down their own. Before they ever ventured to supplicate, they had suffered many years, nor was it till they were forbidden to insist, un- der pain of treason, that they renewed their national oath and covenant ; and when his majesty was moved by wicked coun- sel to march toward them with an army, rather than seem disobedient to their king, or distrustful to their brethren in England, they disbanded their forces, delivered up their strong holds, and, notwithstanding their former lawful as- sembly, were content that their proceedings should be recon- sidered by a new assembly and the parliament. When these proceedings were determined by an assembly, in presence of the royal commissioner, and parliament met to ratify them, it was illegally prorogued ; their representations were not heard, and instead of a gracious answer, their commissioners were latterly restrained, one nobleman imprisoned, and war commenced. The authors of these disastrous counsels they declared to be the archbishop of Canterbury, and the lord lieutenant of Ireland, whose punishment they required ; but in no other manner than what their own parliament should determine. The question then, they add, is not, whether they shall defend themselves at home, or invade their dear- est brethren ? but whether they shall keep themselves at home, till their throats be cut, and their religion, laws, and country destroyed, or seek their safety, peace, and liberty in England ? They must not have men think, that to come in- to England, is to come against England. Had the wrongs done them been done by the state, then there had been just cause for a national quarrel ; but the kingdom, convened in parliament, refused to contribute any supply against them, and have shown that they are oppressed with grievances like themselves which the king hath declared he will redress out

VOL. III. 4 C

562

HISTORY OF SCOTLAND.

]VITTK

Supplies

burgh.

°^ Par^ament» whereas national grievances require the hand of parliament to cure ; but to prevent this interfering, they were dissolved. They then entreat and exhort all who love their religion and liberty to join against the common enemy, whose design was, if they could stir up their dearest bre- thren and neighbouring nation to war, first to quiet Scot- land by some ill secured peace, till England were subdued by the army ostensibly raised against them, and then to ri- vet the yoke of despotism upon both ; but they obtest the purity of their intentions ; that they will not take from their dear brethren, without price, or security if their money fail, from a thread even to a shoe latchet ; they shall demand no- thing of his majesty but the safety of their religion and li- berty, and their abode in England shall be no longer than till these are secured by their parliament, their just griev- ances redressed, and sufficient assurance given for the trial and punishment of the authors of their evils.*

LXXIII. The faithlessness and insincerity of the king, so flagrant in all his transactions with the covenanters, thus at last drove them to appeal for justice and security to the Eng- lish parliament. In reviewing their progress from their first humble supplication to this decided manifesto, the tardy con- cessions of Charles are prominent among the causes whic produced so portentous a result ; instead of coming in timt to allay the ferment, they came always precisely at the mo- ment when they were useless, except to stimulate to fresh demands, and accompanied with reservations which called for additional securities.

LXXIV. Anxious to make good their professions, the Scots, whose funds began to be exhausted, despatched two of the most popular noblemen, accompanied by Henderson and Johnston, to Edinburgh, to use their influence with the ci- tizens in procuring an advance ; and as it would have creat- ed discontent among the English, if the Scottish army, on their entering the country, had cut down the trees and shrubs for huts, they were to try and procure, likewise, as - much cloth as would serve for tents during their encamp- ments. They arrived late upon Saturday night, but so

" Rushworth, vol. iii. p. 1223. Ib. Appendix, p. 283.

CHARLES I. 563

effectual were the exhortations of the ministers next day, BOOK that on Monday the women produced webs of coarse linen, VIII. almost sufficient for the whole army ; and the monied men, 1640. with equal promptitude, advanced the sum of one hundred and twenty thousand pounds Scots, with a promise of re- mitting as much immediately, which they rigidly performed. LXXV. Every preparation being now completed, the Scottish army broke up from Dunse, and on the 20th of August cross- ed the Tweed at Coldstream, Montrose on foot, at the head The cove- of his regiment leading the way. The college of justice nanterf

• *• /» m IT i* i cross tiic

troop, consisting or one hundred and sixty gentlemen, un- Tweed, der sir Thomas Hope, rode on the right wing and broke the stream. They entered England in three divisions, lord Almond commanding the van, major-general Baillie the cen- tre, and Leslie bringing up the rear. On the 22d they en- camped near Wooler, and during the night were attacked Defeat a by the garrison of Berwick, who made a sally, and surprised a detachment, from which they took three field-pieces ; but the alarm being given, the guns were quickly retaken, and the assailants driven back, with the loss of several prisoners. On the 26th they encamped at Frewick* on Newcastle-muir ; Encamp on thence the committee despatched, by a drummer, two com- munications to the mayor of Newcastle, and to sir Jacob Ashley, commander of the troops, enclosing their manifes- toes, deprecating all hostilities, and requesting that no ob- struction might be offered to their passage through that town ; their sole intention in taking arms being to defend themselves against any who should prevent their access to his majesty, before whom they meant to lay their grievances. Their letters were returned by sir Jacob unopened, and the drummer desired to inform them, that no sealed papers would in future be received. Next day the army marched to New- burn, about five miles above Newcastle, and took post on an At New. eminence behind that village, and in the neighbourhood; B kindling large fires, during the night, in and round their camp, to a considerable extent, which conveyed to their ene-

* Baillie, vol. i. p. 204 Balfour's Ann. vol. ii. p. 384. Rushworth, vol. iii. p. 1223, calls the name of this place Creich.

Newcastle- muir.

564

HISTORY OF SCOTLAND.

BOOK VIII.

1640. Charles leaves Lon- don.

Informed

of the ad- vance of the cove- nanters.

Orders Conway to attack them.

mies an impression of a much more formidable force than they really possessed.

LXXVI. On the same day that the Scots entered England, Charles left London for York, to join an army almost in a state of mutiny. Some of the soldiers had risen upon their officers, and one lieutenant, who was a suspected papist, had been murdered ; others had broken into a church, torn up the altar, and burned the rails before the minister's door, and the officers had not sufficient power to try them by martial law, even for such notorious breaches of mili- tary discipline. At York the gentlemen of the county were waiting his arrival with a petition, praying to be relieved from the billeting of soldiers, and for an advance of fourteen days pay to their levies, without which they did not think they would be able to raise, or forward them to the army.

LXXVII. Embarrassed by these untoward circumstances, the king's perplexities were increased by despatches from lord Conway, — who, with a detachment consisting of about four or five thousand foot, and between two and three thou- sand horse, had advanced to observe the motions of the Scots, and guard the passage of the Tyne, — informing him of the approach of the Scots, and desiring instructions how to dispose of his force. His majesty immediately summon- ed the gentry then at York to wait upon him, and informed them by the earl of Strafford, that it was now no time for dis- putation about pay ; the country was invaded, and all classes were bound by their allegiance to attend their sovereign, at their own proper charges and cost.* As soon as the meet- ing separated, an express was sent off to Conway, with or- ders to attack the Scots. The messenger reached him at Stella, about half a mile distant from the army, where he was holding a council of war with his general officers, to whom he had scarcely submitted the despatches, when ano-

* Stratford's manner was imperious and harsh, and contributed not a little to alienate the affections of the nobles from his master. In his address to the gentlemen upon this occasion, after telling them that it was little less than high treason to hesitate about the service, he politely added : — " I say it again, we are bound unto it by the common law of England, by the law of nature, and by the law of reason ; and you are no better than beasts if you refuse." — Rush worth, vol. iii. p. 1235.

CHARLES I. 565

ther arrived in haste to inform him, that the army was al- BOOK ready engaged. VIII.

LXXVIII. The English were intrenched on the south bank of leloT" the Tyne, where they had constructed two four-gun batte- ries, one at each of the fords, and placed in them five hun- dred picked musketeers ; the rest of their forces were station- ed in a meadow, at the foot of a rising ground, nearly a mile in rear. The Scots had planted some heavy cannon on a hill opposite the enemy, in the town, and on the steeple of Newburn church; their musketeers were in the church, houses, lanes, and hedges, in and about the village. Both continued thus arranged during the morning of the 28th, and watered their horses on their respective sides of the river, without molesting each other, when an unexpected inci- dent brought on an engagement. A Scottish officer, about mid-day, while in the act of watering his horse, being ob- served to fix his eye steadily on the opposite intrenchments, was shot by an English centinel. The Scottish musketeers, Battle of who perceived him fall, immediately commenced firing, and were seconded by the artillery, whose fire seemed the effect of magic, as the houses and trees had screened them from the view of their opponents. A breach was soon effected in the English works, and the troops abandoned them in disorder. On their confusion being seen from the Scottish side, the general's guard, consisting of the college of justice troop, headed by sir Thomas Hope, were ordered to cross at low water, and take possession of the batteries, which they easily effected, making prisoners of all that remained in the trenches. They were followed by colonel Leslie, with some additional troops, who joined in the pursuit of those that had fled. These, rallying in a narrow pass, were charged by sir Thomas Hope, supported by Leslie, and driven back ; but being joined by twelve troops of heavy

English cavalry, they again formed, and the Scots, who had advanced too far, were forced to retreat, under protection of their own cannon. The English, not aware of a new bat- tery which the Scottish general had erected, continued to

aress forward, when it opened upon them, threw them into disorder, and forced them to retire upon the main body. The Scots, who had remained on the north bank of the

566

HISTORY OF SCOTLAND.

BOOK VIII.

1640.

English defeated.

Dunbarton castle sur- renders.

A surprise on Dunse repulsed.

Dunglas magazine explodes.

Edinburgh, castle.

river, impatient to engage, were now led on by lords Lou- don, Lindsay, Queensberry and Montgomery, but ere their van had reached the spot, the day was decided. The Eng- lish foot sought refuge in a wood, and the horse, in cover- ing their retreat, were attacked by a fresh body of Scots, de- feated with some loss, and their commanders taken prison- ers ; while the scattered privates escaped under cover of night, to carry dismay and confusion to the main body. The loss was inconsiderable, but the rout was complete, and the Scots had to boast of a standard, and three officers of rank, as the trophies of the day.* So panic struck were the English, that their cavalry retired hastily to Durham, the foot to Newcastle, and early next morning, the whole were in full retreat into Yorkshire. On the same day on which the victory at Newburn fords was gained, the castle of Dunbarton capitulated, a grievous scurvy having broken out among the soldiers ; otherwise the rock was impregnable, being in a complete state of defence, well provisioned, and fully garrisoned.

LXXIX. To complete the fortunate events of the 28th, an attempt, made by the troops from Berwick, to surprise the Scottish depot at Dunse, was defeated by the earl of Had- dington, who retook some cannon they were carrying off; but the exultation occasioned by these events was in some measure damped by the explosion of a powder magazine at Dunglas, which buried in the ruins of the castle the earl of Haddington, two of his brothers, a son of the earl of Mar, a number of gentlemen, and upwards of eighty of inferior rank.

LXXX. Shortly after, the ever varying chances of war, com- pensated in some measure for this disaster, by the surrend- er of Edinburgh castle, which it tended to hasten. At the meeting of parliament in July, the captain cannonaded the town, and killed several of the inhabitants. When required by the estates to desist or surrender, he refused to give up his charge to any order but the king's, and continued hosti-

* Clarendon says, the English loss was "not a dozen," Hist. vol. i. p. 155. Rushworth estimates them at more than sixty killed, vol. iii. p. 1238. White- lock states them at five hundred killed and prisoners, p. 64«. The letter of the Scottish committee of war mentions no number. No account rates the Scottish loss exactly, but it was trifling.

• •

.

'

CHARLES I. 567

lilies. The place was then besieged in form, and batteries BOOK erected on the Castle-hill, in Grey Friars' church-yard, and at VIII. the West Kirk ; but their cannon were light, and made lit- 16lto- tie impression. Toward the end of July a mine was sprung, of which the garrison being apprized,* the besiegers were repulsed in the assault, and the breach was speedily repair- ed. Having exhaused their means of offence, the cove- Blockaded nanters turned the siege into a blockade, and were patiently waiting the effects of famine, when the castle of Dunglas was blown up. The country catching the alarm at the catas- trophe, all the beacons on the line were kindled ; and the garrison, who were in hourly expectation of the English fleet, perceiving the signals lighted, never doubted but this was to announce their arrival on the coast. In the excess of their joy, they consumed almost the whole of their remaining pro- visions in a feast on the occasion, which being unable to re- place, when they came to learn the real state of the affair, they proposed to capitulate, and their brave defence was re- Capitu- warded by honourable conditions.^

LXXXI. Notwithstanding their victory, the Scots were in a very critical situation, their provisions were exhausted, and the country people fled as they approached, carrying with them whatever they possessed the means of transport- ing. Had Newcastle shut its gates, they were without the means of reducing it, and must have dispersed in quest of subsistence, or returned from a useless, irritating inroad, to disband at home ; the ability of their general, and the terror their victory caused in the English army, saved them from any disagreeable retrograde motion. The night after the battle was spent by the invading army under arms, nor did ,hey venture to move forward, as they understood eleven ;housand men were quartered in Newcastle, and the rest of the I'oyal army at no great distance ; but next day, on learning hat they had evacuated the town, sir Archibald Douglas of English

. , , jiii i evacuate

Oavers, with a trumpeter, and attended only by two gentle- Newcastie. linen, as witnesses, was sent to the mayor, to assure him of

i * An arrow, with a letter wrapped round it, is said to have conveyed the ^intelligence to Ruthven, the governor — Gordon's Hist. vol. i. p- 330. I f Baillie, vol. i. p. 206-8. Balfour's Ann. vol. ii. p. 402. Guthrie's ilem. p. 86.

568

HISTORY OF SCOTLAND.

BOOK the friendly disposition of the Scots, and persuade the citi- zens to continue their usual occupations without dread, as

Covenant ers take possession

1640. the army would not enter the town, but encamp on the heights, and the general would set a guard to prevent any stragglers from doing mischief.

LXXXII. Next day, the commander-in-chief, attended by the committee, and a number of officers, escorted by his life- guard, entered the place. They were cordially received by the mayor and aldermen, who welcomed them with a mag- nificent banquet, after which they went to church, where Mr. A. Henderson preached a thanksgiving sermon. In the town they found five thousand stand of arms, and plenty of cheese, biscuit, and other provisions, abandoned by the Eng- lish in their hurry. The colliers, who were reckoned about ten thousand, terrified by a report industriously spread, that the Scots would give no quarter, had all absconded, and upwards of a hundred vessels who were entering the river the day after the engagement, on hearing of the victory, went away empty.* This afforded the covenanters an op- portunity of displaying their moderation, and procuring a great accession of friends ; they invited the workmen to re-' turn fearlessly, for their wishes were to help, and not to hurt ; they sent two noblemen to inform the masters of ves- sels who were preparing to depart, that they might remain with safety, and complete their cargoes ; and they despatch- Inform the ed a letter to the mayor and aldermen of London, filled with London of protestations of friendship and affection, announcing their oc- their sue- cupation of Newcastle, as a measure necessary for their own security, but which would occasion no inconvenience to the capital ; as the trade in the essential article of coalsj would suffer no interruption from them, but would be rather pro- tected, as a testimony of respect to a city, of whose regard for the peace of the two kingdoms they were fully persuaded, and to whom they were desirous to show every mark of kind- ness in their power.

LXXXIII. The facility with which they had obtained New- " cast'e» emboldened the Scots to attempt Durham, which al- so, without resistance opened its gates. The bishop and

* Rushworth, vol. iii. p. 1239,

CHARLES I. 569

leading clergy having fled into Yorkshire, the earl of Dun- BOOK fermline was appointed governor, and stationed in it with a VIII. brigade. Tynemouth and Shields were likewise taken pos- 1640. session of, in which latter place some vessels with stores for T7ne- the king's army, fell into the hands of the Scots. The earl North of Strafford was at Darlington, on his road to join the army, Sllields- when the news of the defeat reached him ; which he had scarcely heard, when he was astonished with intelligence of the evacuation of Newcastle by the king's troops without a blow. Uncertain of the extent of the disaster, he sent a messenger to the army, with instructions to the officers to collect their scattered forces, and retreat upon York ; at the English re. same time issuing a proclamation, requiring the inhabitants !£ea£ to of the county palatine, to bring all such butter, cheese, bread and milk, as they could possibly furnish, to Darlington ; to take away, or break all the upper millstones ; and to remove all cattle, and whatever might be of use to the enemy, to places of safety. The king, who had advanced as far as Northallerton, in hopes of being present with the army be- fore any engagement, was there met by the disastrous tid- ings, and hastened back to York, to ruminate upon this most inauspicious commencement of the campaign, and lament over misfortunes which might have been foreseen and pre- vented ; but against which he had provided no resource, and for which there appeared no remedy.

LXXXIV. Established in comfortable quarters, the Scots were not anxious to press forward ; they dreaded raising the national spirit of the English, by appearing to exult in their i success, and although they must have felt gratified at the for- tunate issue of the first encounter, they used the language of lamentation rather than of triumph. Preserving the same Scots sup- [respectful attitude to the king, they again addressed a sup- )lication for peace, but required the guarantee of the Eng- peace, h parliament for its stability. They had been constrained enter England, they said, where they had lived upon their >wn means and provisions, without harming any individual their persons or goods, till pressed by strength of arms, icy were obliged to remove the forces, who, contrary to leir inclinations, and against their own conscience, opposed leir peaceable passage of the Tyne ; and they submissively

VOL, III. 4 D

570

HISTORY OF SCOTLAND.

BOOK

1640.

guarantee of the Eng-

mentT"

London, York, &e. likewise petition.

The rash measures of Straf- ford,

Prevented

of ton-

entreated his majesty, that he would at last take into his se- rious consideration, their pressing grievances, provide for repairing their wrongs and losses, and with the advice of a parliament in England, settle a firm and durable peace, so that his throne might be established in the midst of them.*

LXXXV. The Scottish supplication, was the forerunner of petitions from the nobles, from the city of London, from the county of York, and from several other counties, represent- ing their own grievances, and praying that a parliament might be assembled to redress them, and a treaty concluded with the Scots. The high royalists had done every thing in their power to prevent the voice of the people from reaching the throne. The privy council, when they heard that the city of London intended to petition, wrote the lord mayor and aldermen, warning them against giving countenance to such an unwarrantable proceeding ; and the lords Wharton and Howard, who had presented some of the petitions to his ma- jesty at York, were thrown into jail, and a council of war held upon their conduct, by which, on the motion of the earl of Strafford, they were condemned to be shot at the head of the army, as movers of sedition, and the sentence would have been carried into effect, but for the marquis of Hamilton, who, when the council rose, asked Strafford if he! was sure of the army ; and he on inquiry, finding a strong disposition to revolt prevalent, deemed it prudent not to pro- ceed.f

LXXXVI. Charles himself would never believe in the uni- versal prevalence of discontent, nor in the weakness of his power when opposed to the torrent of public opinion. His courtiers represented the complaints of the people as un-j founded, and the petitions as improperly obtained, and flat- tered his notions of the irresistible influence, as well as divine right of the crown ; he in consequence, pursued rash, un-f complying measures ; hated all that offered prudent and mo- derate counsels ; thought they proceeded from a meanness of spirit, or a desire in those who offered them, to advance their own interest by sacrificing his authority, or from re- publican principles ;f and even when he found it necessary

* Rushworth, vol. iii. p. 1255- f Burnet's Hist- vol. i. p. 37.

t Ibid. vol. i. p. 38.

CHARLES I 571

to follow such advice, he hated those who gave it ; but above BOOK all, the free representations of the house of commons were VI^' peculiarly disagreeable, and he looked forward with an ab- 1640.

horrent reluctance to their meeting. To avoid convoking Charles .... i i i i i 111 summons a

this obnoxious assembly, he had recourse to an old, and council of

almost obsolete expedient ; he summoned a council of no- Peers at

x ork.

bles to meet at York ; and to stop the progress of the Scots, he ordered Lanark to return a conciliatory message, in- forming them of his having done so, and requiring them to Hismes.

*°

state their demands specifically — as their supplication was sa^e

» covenant-

too general — which he would submit to the consideration of ers.

the peers ; and with their advice, return such an answer as might be consistent with his honour, and the welfare of his dominions.

LXXXVII. In reply, the Scottish chiefs repeated what they had published in their declaration : — that his majes- ty would be graciously pleased to ratify the acts of the T last parliament ; that the castle of Edinburgh, and other fort- resses in Scotland, should be occupied as they were origi- nally intended, only for the security and defence of the coun- try ; that Scottishmen in England and Ireland, should not be molested for having subscribed the covenant, nor forced to take oaths in opposition to that engagement, and the laws of their own land ; that the common incendiaries, the authors of these combustions, should be brought to punish- ment ; the ships and goods sequestrated, restored ; the ex- pense and loss occasioned by the war, repaired; and that, with the advice and concurrence of the English parliament, the declarations denouncing them as traitors be recalled, the frontier garrisons dismissed, all impediments to a free trade removed, and peace established on a basis not liable to yearly interruption by force, or at the pleasure of their adversaries.

LXXXVIII. Neither of the parties were averse to nego- tiate. The king's army, inferior in numbers, and heartless in the cause, were willing to attribute their defeat to disaf- fection rather than want of courage, and ready to confirm their vindication by a mutiny. Strafford alone advised the Straffbrd king to stake his chance upon a desperate throw ; to appeal gtro^es to the instinctive love of country, and the natural indigna- measures

572

HISTOIIT OF SCOTLAND.

BOOK VIII.

1640. Hamilton milder.

Scottish army.

Farced to levy con- tributions.

tion which Englishmen must have felt at the invasion of their territory, and the exaction of contributions, and to their feelings of honour, to wipe away the disgrace their arms had suffered ; but the representations of the marquis of Hamil- ton, and the certainty almost of a number of English noble- men being well affected to the Scots, inclined the king to the milder, although, as the event proved, not the safer plan of treating.

LXXXIX. Nor were the Scots free from difficulty and em- barrassment ; they were still without any co-operation from their friends in England, their provisions ran low, their cash was nearly expended, and their credit considerably under par. In these circumstances, they had been constrained for self-preservation, to depart in some degree, from the con- duct they observed on their first entry into England, and levy their subsistence in the counties they occupied. The estates of the Canterburian faction, who, as the authors of the war, were objects of fair plunder, being unable to fur- nish supplies, Newcastle was required to contribute two hundred pounds, the county of Northumberland three hun- dred, and the bishopric of Durham three hundred and fifty a day, for the current expenses ; and the manner in which these impositions were exacted, was beginning to exasper- ate the minds of the inhabitants against their friendly inva- ders.* The soldiers, unaccustomed to remain so long in camp, began to be afflicted with distempers arising from cold and exposure ; or tired with the protracted campaign, to de- sert in considerable numbers, and return home. Some of

* Some of the gentlemen who were unable to furnish their quotas of the assessment, had their cattle seized, those who were employed to collect the money, exacted double, of which they kept the one half, and through ignor- ance or misinformation, heavy sums were taken from friends, instead of ene- mies. Numbers of the lower English, disguising themselves with blue bon- nets, as Scots, robbed and plundered indiscriminately; and servants of the clergy, left to take charge of their houses in their absence, carried off the pro- perty intrusted to their care, and laid the blame upon the enemy. The mayor and aldermen of Newcastle, having pled their inability to raise two hundred pounds daily, had a guard placed on their town house, till they satisfied the commissioners. All this while securities were proffered for the monies which were levied under the name of loans. Baillie, vol. i. p. 219-20. Rushworth, vol. iii. p. 124-78.

CHARLES I. 573

the officers showed symptoms of discontent, and their union BOOK was only prevented from being broken, by the accidental VI1^ discovery of a secret correspondence carried on with the king, 1640. by Montrose. Discon-

rr\ . tents ap-

xc. This ambitious and unprincipled nobleman, who had pea>-- been driven into the arms of the covenanters by the neglect of his sovereign, was regained by his condescending affabili- ty at Berwick. His conduct had been viewed with suspicion for some time before, but dui'ing the expedition he had be- haved with great apparent zeal ; and as he had ever advo- Montrose's cated the most extreme measures in parliament, so he seem- ^cn"^ with ed ready to support them in the field. He was the first co- the king venanter who set hostile foot in England, yet he had engag- dlscovered- ed in a bond with several other noblemen, to support the des- potic pretensions of the king, and was holding private com- munication with him.* An act had passed the committee of war, that no person should send any letter to court, except it had been seen and approved of, by at least three of their num- ber. Montrose, in consequence, read to the committee, sever- al letters, which he proposed sending to some of his friends there, but in sealing them up, he enclosed, within one to sir Richard Graham, another, which had not been seen, address- ed to the king. When the letters were delivered, sir Richard, opening his carelessly, the enclosure fell out. The Scottish envoy, sir James Mercer, who was standing near, politely stooping down, lifted it, and observed the direction. On his return to the camp, he informed the general, who proposed in the committee — of which Montrose was at the time presi- dent— to send for the gentleman who had carried their let- ters to court, and examine him with regard to what letters he had delivered. When called, he related to the commit- tee what he had told the general. Seeing he was discover- ed, Montrose endeavoured to defend his conduct, by alleg- ing that others did the same ; but he was reminded, that the guilt of others did not excuse him ; that they, if discovered, would be equally liable to censure, and was commanded to He is put confine himself to his chamber. His first resolution was to™fcer*r" try how many of his friends would support him ; an advice

* Burners Memoirs, p. 179. Baillie, vol. i. p. 210.

574

HISTORY OF SCOTLAND.

BOOK VIII.

1640.

His con- duct excus- ed.

Prepare, tions on both sides for renew- ing the contest.

Council of peers — the king's ad- dress to them.

from the general, however, recommending him to remain quiet, unless he wished to be tried capitally by a council of war, induced him to produce a copy of the letter he said he had written to his majesty, and crave pardon ; on which the affair was hushed up, and passed over for the time, the power- ful connexions, and high reputation of the earl, rendering it then impolitic to pursue it further.

xci. Amid their mutual professions for peace, both were anxious to be prepared for an opposite result. Charles or- dered all the train bands north of the Trent to be called out, and to hold themselves in readiness to march at twenty-four hours notice. The counties were required to furnish pro- visions; arms and ammunition were provided, and all the garrisons strengthened and put in a state of defence. Les- lie wrote to the committee at Edinburgh, for recruits, to supply the deficiencies of war, and a reinforcement of at least five thousand men, a request with which the internal quiet of the country enabled them to comply. Four thou- sand foot who had been employed in the north, under lords Marischall, Home, and Lindsay, and major general Monro, were despatched to join their brethren in England. Soon after the earl of Argyle followed, accompanied by a number of gentlemen and vassals belonging to the clan ; and the earl of Eglinton, who had been employed in watching the west coast, now that the danger there was over, was also commanded to keep himself ready for marching on the first call.

xcn. On the 24th of September, the great council of the peers assembled at York, in the dean's house, near the Min- ster. At nine o'clock in the forenoon, the king arrived, and being seated in state, informed them of the reasons which had induced him to call them together, in conformity with the practice of his predecessors in times of imminent danger An army of rebels were now, he told them, lodged within the kingdom ; and he wished their advice and assistance, to chastise their insolence and protect his faithful subjects Sensible, from the petition he had received since he called this meeting, that a number, if not a majority of the peers par- ticipated in the popular feelings, and that however averse, he would be obliged to comply, he naturally concluded that

CHARLES I. 575

their first proposal would be to call a parliament; he BOOK anticipated this by informing them, that he had already V1IL given orders to issue writs for its assembling on the 3d of 1640. November. He then desired their advice, as to what answer he should return to the petition of the rebels, and how he should treat with them ; next, how his army was to be sup- ported till the supplies could be obtained in parliament, as it was impossible to disband it while the Scots remained in the country. To meet the first exigence, it was resolved They de- to appoint sixteen of the most influential and popular noble- ^othw men, assisted by the earls of Traquair, Morton, and Lan- tion. ark, Mr. Secretary Vane, sir Lewis Stewart, and sir John Burrough, persons acquainted with the laws of Scotland, and with the previous transactions, to treat with commis- sioners from the Scots. The last required rather longer deliberation; StrafFord represented, that the royal army, amounting to twenty thousand foot, and between two and three thousand horse, with three regiments of loyal Scots, were in arrears for a fortnight's subsistence ; that two hun- dred thousand pounds would be requiste to support them

for three months, and, the king's treasury being completely And to

& r j- raise m°-

drained, proposed borrowing the money from the city of ney for the

London. To this motion the council consented, all the s"PF°rt of

the army.

peers present agreeing to become security for the repayment of the loan. York was at first mentioned as the place of meeting for the commissioners; but the Scots, who were highly incensed against the earl of StrafFord, for his procur- ing them to be declared traitors and rebels, declined intrust- ing themselves in the midst of an army of which he had the command. Northallerton was next proposed, and rejected ; Commis-

at last, Rippon, a town about fifteen miles from York was SIOners

P , , . . , meet at

fixed upon, where the commissioners of both nations arrived Rippon.

on the first of October.

xciii. After exchanging commissions, the English were for immediately proceeding to negotiate, but the Scots, pre- viously to entering upon any discussion, insisted upon Tra- Scots ob- quair being removed as one of the incendiaries, who, by misrepresentations to the king and his council, had inflamed them against his own countrymen ; nor would they consent to the other assistants acting with the commissioners, as they

576 HISTORY OF SCOTLAND.

BOOK were not named in his majesty's commission. The English noblemen represented their ignorance of the Scottish consti- 1640. tution, and the necessity of persons who were acquainted with it being present. The Scots, however, still insisted ; and the matter was referred to the king, who agreed that the assistants should not take any public share in the busi- King com- ness, but only be advised with privately, which was, he said, ' ied' the purpose for which they had been originally nominated. While waiting for his majesty's answer, the English com- missioners, in their private interviews, reproached the Scots for their scrupulous caution ; and they retorted, by accusing their tardy motions, and their failure in fulfilling the pro- mises on which they had depended. The noblemen, astonish- ed at the charge, denied its justice, when lord Saville's let- Discovery ter was produced, and the forgery detected ; yet, so well forgery. * * ^a(^ 'll ^een executed, that when the nobles whose names were attached to it saw the fictitious signatures, they confessed they were so like their handwriting, that but for the con- sciousness of never having seen such a paper, they durst scarcely have affirmed that they were not their own sub- scriptions. This explanation removed the distance and coldness which had subsisted between the parties, who, from this time appear to have had a secret understanding with each other,* and to have acted in concert.

A truce xciv. Upon resuming the conference, a cessation of arms proposed. wftg prOpOsejj jo which the Scots professed their readiness to accede ; but as the districts in which they were station- ed had been impoverished, and his majesty had forbid their advancing, neither could they return home with safety, without a treaty were concluded on a firm basis, provision Scots de- for the daily subsistence of their army became a necessary

mand sub- preliminary ; as without some security for this, a truce would

sistence for r .

their army, be to them more ruinous than a war. The English commis- sioners allowed the justice of the claim, and desired the others to specify the amount. The Scots demanded forty thousand pounds a month, which was immediately forward- ed to the king and council of peers. The council was di- vided in opinion ; lord Herbert strenuously advised the

" Clarendon, vol. i. p. 152. Burnet, vol. i. p. 35.

CHARLES I. 577

king to fortify York ; which would obstruct the progress of BOOK the Scots from advancing. " Princes," he observed, " had VU1- sometimes bought a peace from their subjects ; but to pay at 1640 such a rate, merely for treating, which might, or might not be productive of any beneficial result, was a thing never before heard of; to purchase liberty to treat from rebels, by supporting their army with the money which should pay his own, would be disgraceful ; if they were sincere, let his Debated in majesty's commissioners propose, that the armies on both *" coun' sides be disbanded, all things else remaining as they were till a treaty was concluded ; but let the money be kept to pay the king's troops, or to raise reinforcements, if neces- sary."* By the others, the sum only was objected to, and eight hundred pounds per diem, to be paid weekly, was proposed and accepted ; what provisions or necessaries were wanted for the army, were, at the same time, allowed to be imported from Scotland, duty free ; and proper persons nom- inated on each side, to regulate the price of what was pro- cured in the occupied counties. The Scots agreed to be con- Granted, tent with this maintenance, and neither molest papists, pre- lates, nor their adherents.

xcv. Under this arrangement the commissioners proceed- ed, but nearly the whole month of October was consumed in discussing preliminaries ; and when the day appointed for the meeting of the English parliament drew near, nothing was concluded. The English nobles, who hated StrafFord land Laud scarcely less than the Scots did, and who observ- |ed the advantages the latter had reaped from the distresses )f the king, hoped to obtain the removal of these ministers, ind redress of their country's grievances, by increasing, ra- ther than diminishing his difficulties ; for in their intercourse |with the Scots, they had imbibed all their distrust of the ang's ever doing any thing voluntarily to sooth the feelings, >r alleviate the sufferings of his subjects ; they were not Englishno.

herefore anxious for the removal of the army, their desire Wes dis- . , ~ , , f i • • trust tne

get rid or the despotism or their government, overcoming king.

Ihe disgrace of allowing a foreign force to pollute their soil. ?hey requested the king to allow the treaty to be transfer-

• Rushworth, pp. 1294, 1310. VOL. III. 4 £

578 HISTORY OF SCOTLAND.

BOOK rgd from Rippon to London ; the Scots to remain in Eng- land till it were concluded. The king hesitated; untaught

I6to. by the example of the more wary committee, who would not Confer. treat in York, where only a few of their enemies could have

ences re- . • •

moved to influence, he at last yielded, to continue the discussion in a London, place filled with malecontents, and where the opposite par-

ty had numerous, powerful, and zealous friends.

xcvi. Had the king, instead of granting this request, de-

clared his determination to assemble no parliament till the Impolicy country was evacuated ; and promised, after the retreat of ofthismea- the Scots to their own homes, that he would then summon

sure*

one, and refer the treaty to their consideration, he would in all likelihood have either forced the invaders to withdraw of their own accord ; or distracted their measures, and raised such a powerful reaction among the inhabitants of the northern counties, as would even yet have enabled him to negotiate with his subjects upon equal terms ; but by con- senting to the removal of the treaty, and the continuance of the Scots in arms, he gave up every advantage he possessed, and delivered himself hand-bound into the power of parlia- ment.

xcvn. The Scots, in agreeing to the transfer, relaxed nothing in their demands ; but to prevent mistake on the most material point — the means of keeping their army to- gether till they had obtained their desires — they procured from the English commissioners, the ratification of a truce The truce upon as favourable terms as they could have dictated, afte ' the most decisive engagement. It was signed the 26th c October, from which time all acts of hostility by sea an land were to cease ; — during the treaty, both parties to retai what they then possessed ; all estates situate in Northumber land and the bishopric, to be liable, without exception, fo the payment of the Scottish subsistence-money, althoug their owners reside in his majesty's forts beyond the Tees none of the king's forces, upon either side of the river, toob struct the contribution, or to take any provision, except wha the inhabitants bring voluntarily to them ; and any restrain

Condi. Of corn cattle, or forage, made by the Scots for their bette tiuns. . J

maintenance, to be considered no breach. The eight hun

dred pounds a day to be only raised out of the counties c

CHAULES I. 579

Northumberland, the bishopric, town of Newcastle, Cum- BOOK berland, and Westmoreland. The non-payment to be no VIII< breach, but in case of failure, the Scots shall have power to 1640 " raise the sum, with allowance for the charges of driving, to be set by the commissioners of the forage. No recruits to be brought into either army, and no new fortifications erect- ed while the cessation continues.

xcvni. Thus ended a rash, ill planned, ill conducted campaign, entered into by the king, without the means of sup- porting one army, and finished by a treaty obliging him to sup- port two. The Scots were highly delighted with the nego- tiation being transferred to London, not only relying upon the good offices of the ablest men in parliament — with whom they were in friendly alliance — but looking forward, with High ex- joyful anticipation, to the triumph of presbytery, the estab- oHhe'co!.8 lishment of which in England they now considered them- venanters. selves as especially called upon, by the leadings of God's providence, to attempt. They therefore appointed three of their most eminent divines, besides Henderson, to accompany their commissioners as chaplains, and to combat the prevail- ing errors of the times. Mr. Robert Baillie was destined to assail the doctrines of Arminius, Mr. George Gillespie to at- tack the rites and ceremonies of the hierarchy, and Mr. Ro- bert Blair to wrestle with the independents. The ministers, who had already distinguished themselves in these various controversies, cheerfully accepted the tasks allotted them, and, along with the commissioners, set out for London, to reach the capital in time to be present at the meeting of par- liament.*

* The ministers were highly gratified with their journey, but they seem to have grudged the expense ; they rode upon little nags, each attended by his servant. " We were by the way great expenses," says Mr. Baillie in a letter to his wife ; " their inns are all like palaces ; no marvel, they extortion their guests ; for three meals, coarse enough, we would pay, together with our horses, sixteen or seventeen pounds Sterling — some three dishes of crevishes, [cray-fish,] like little partans, forty-two shilling Sterling."— .Baillie, vol. i. p. 216. Rush- worth, p. 1306. Clarendon, vol. i. p. 160. Strafford's Letters.

END OF VOLUME THIRD,

695

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