THE HISTORY OF THE Church of Scotland, Beginning the Year of our Lord 203, and continued to the end of the Reign of King JAMES the VI of ever blessed Memory. Wherein are described, The Progress of Christianity; The Persecutions and Interruptions of it; The Foundation of Churches; The Erecting of Bishoprics; The Building and Endowing Monasteries, and other Religious Places; The Succession of Bishops in their Sees; The Reformation of Religion, and the frequent Disturbances of that Nation, by Wars, Conspiracies, Tumults, Schisms. Together with great variety of other Matters, both Ecclesiastical and Political. WRITTEN By that grave and Reverend Prelate, and wise COUNSELLOR, JOHN SPOTSWOOD, Lord Archbishop of S. Andrews, and Privy Counsellor to King CHARLES the I. that most Religious and blessed Prince. Res in exitu aestimantur, & cù abeunt ex oculis, hinc videntur. LONDON: Printed by I. Flesher for R. Royston, at the Angel in Ivy-lane. MDCLV. blazon or coat of arms AEtat: suae 74 Aᵒ 1639 HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms Aspice, non frustrâ Veneranda haec pingitur Icon, Vivit adhuc tanti qvaelibet umbra Viri. Prisca nitet Vultu Pietas, Virtusque Sepulchri Nescia, in Effigy nescit et ipsa Mori. Sic uno Intuitu Vultûs, Morumque Volumen Perlegis, et Pictor transit in Historicum. JOANNES SPOTISWOODE ARCHIEPISCOPUS St. ANDREANUS, TOTIUS SCOTIAE PRIMAS ET METROPOLITANUS, EIUSDEMQVE REGNI CANCELIA us. W. Hollar fecit THE PUBLISHER TO THE READER. THis History being wrote in calm and quiet Times, and by a person whose temper and disposition was not unsuitable to them, had the ill hap to have an hideous storm tread upon the heels of it; which, among other greater Wrecks and Ruins, might very likely have buried this, never to have been raised up again: But Providence had so disposed of it, that a Copy of it lighting into more Ingenuous and Noble hands, it was thought a sin by them to stifle, and conceal it from the World, which now being in dotage, and infinitely in love with Change, may read here (if they do not feel it already) the sad Effects which an unruly and a misgoverned Reformation, ushered in by Tender Consciences, brings upon them. Nor doth it come forth now to cast any Obloquy upon that Church or Nation, famous in former Times for so much Piety, that the devotion of the Natives under so cold a Clime (whether you consider the rich Endowments, or magnificent Structures of Places dedicated to God's Service) can hardly be matched, but to show rather the variation of all Humane Things, and how easy it is to slide from something that might look like Superstition, into the contrary Vices of Sacrilege and Profaneness, for which they have felt so remarkable a Scourge, that unless it be in the same Island (and, all Circumstances considered, scarce in that) can the whole World, and the Stories of it, suit them with a Parallel. But there is less to be said of this, because if the Times become patient of hearing Truth, you may possibly by the Industry of some good hand, have the latter and more Fatal part of the Story: For though this Cloud in the North was at first no bigger than a Hand, and might have been grasped, and easily dispersed by the Authority then in being (had it not miscarried in being too tender towards it) hath since, for the sins of both Nations, rolled itself into a more Universal Darkness, and poured down such a sweeping Rain upon us, as hath carried away all that is Sacred with it. And for us that live to see the Desolation on all hands, our only portion left us, is to mourn in secret, for — Nihil, praeter plorare, relictum est. And that you may know to how innocent and unbiased a person you owe this Story, do but impartially read it, and you shall find it woven with so even thread, and so much of the spirit of meekness in all the passages of it, that neither the Rage of the first Reformers, nor the Fury of them who in after ●imes did second them, could tempt him to dispense so much with his own nature, as to pass any bitter Reproof upon them, but leaves them upon the Stage with the bare Narrative of their actions, and trusts the judgement of the Reader, either to condemn or to acquit them. What the Life of this Author was, hath been diligently and faithfully collected by a Reverend Person of that Nation, who out of the midst of the Ruins of his Church, hath gathered out of the Rubbish of it, the substance of these following Particulars; that this world of ours being now grown barren of such Examples, might at least have an excellent Copy set before them, which if they have not the Will to imitate, yet let them use it as they do their Pictures, and commend the Hand, though they neglect his Virtues. There is no more to say to thee, but this, That if there be so much Devotion in thee, as to melt thee into Prayers and Tears for the Sufferings of thine own Church; Let there be so much Charity too, as to bestow some of them on our Neighbour Nation, from whom our Ruin came; and have since so deeply smarted for it, that a discreet, and a very considerable person among them, hath so far in my hearing expressed his Penitence for it, as to say, That it was true, that he with the rest of his Nation had buried Episcopacy, and their Ancient Monarchy in one and the same Grave, but upon the sad consequences of it, they could be content to tear up the very earth of that Grave with their Teeth, so that they might raise up Both again. And when this single Vote shall come to be the Vote of the whole Nation, God is where he was, and without the attending the Revolution of Plato's Great Year, can when he pleaseth, and by what means he pleaseth, restore them to their former Happiness. Non, si malè Nunc, & Olim sic erit. The Author's Life. THough Buildings are looked upon with more pleasure when they are reared, then in their foundations, yet that this Reverend Prelate, raised in his own Country to the highest honour that his condition was capable of, may not seem obscurely to have stole into the World, as a Mushroom of a night's growth, or as that Roman did, of whom it is said in Tacitus, Videtur Curtius Rufus è se natus, It can no way be impertinent to mention that he was descended from the Lairds of Spotiswood in the Merse, an ancient race of Gentlemen, and the chief of that surname. His Grandfather died in the bed of honour with his King, james the fourth, in the battle of Flodden field, a battle that might have been looked upon as most unfortunate to that Nation, had not their latter contests by the sword proved infinitely more unhappy. His Father was no swordman, but betook himself to the study of the Arts, passing his course of Philosophy in the College of Glasgow, with a purpose the better to enable himself for Theology, to which, by the guidance of God's Spirit over him, he stood most affected. But matters of Religion being at that time in his Country like the eddies of waters, rolling, and confused, (the old way questioned, and the new persecuted) none knowing in this turning tide which ways the times would run, he withdrew himself into England, where bringing with him an unsettled mind, and doubtful what party he should incline to, Providence cast him upon a familiarity with Archbishop Cranmer, who soon confirmed him in those truths which afterward he never varied from. About the time of the death of King james the fifth he returned into Scotland, whereby occasion given by the Earl of Glencarn (to whom he had applied himself) he became known to Matthew Earl of Lennox, who finding him a person judicious, and discreet, and fitted by these qualities for managing of business, employed him to Henry the eight of England, when France upon some jealousies was so unkind to him as to cast him off. Affairs upon this succeeding to the Earl of Lennox his mind, the Earl came into England, with whom some months he there remained: But longing to see the smoke of his own Country, he returned once more to enjoy himself among his friends; where being known to Sir james sandiland's of Calder, (a person of great authority in those times) he was moved by him to accept of the Parsonage of Calder, which upon the beginning of the Reformation was then void. Not long after this, he was made Superintendent of Lothian, Merse, and Teviot-dale, where he exercised fully the power, and discharged faithfully the Office of a Bishop, though under another style; For it was not the Office, but the name, which the first Reformers out of humour startled at, though they who have succeeded them (for in errors of this kind, the last comers think they have done nothing, unless they outbid the former) have since to their own ruin cast out both. He continued in this holy function, with the approbation of all good men, till his death; when being full of days, and leaving the presume of a good name behind him, he peaceably departed out of this life on the fifth of December, in the year 1585. His Wife was Beatrix Crichton, a grave and a discreet Matron, daughter to the Laird of Lugton an ancient Baron of Scotland. And from these Parents john Spotiswood, the Author of this History, descended. Born he was in the year of our Lord 1565, when he was no sooner brought into the World but a remarkable passage accompanied it; For among the rest that were present (not ordinary Gossipers, but women of good note) there was one among them who in a sober, though in a prophetic fit, taking the child in her arms, called aloud to the rest in these or the like terms, You may all very well rejoice at the birth of this child, for he will become the Prop, and Pillar of this Church, and the main and chief instrument in the defending of it. From what principle this predication came, or how she was thus inspired, I will not search into, but that her words came really to pass, may evidently appear to him that reads this short story of his life. His education was answerable to his birth, for being a child of a pregnant wit, great spirit, and good memory, he was by the care of his parents brought up in the University of Glasgow, where he came so early to perfection, that he received his degrees in the sixteenth year of his age: for though the fruits of the earth under that Northern Clime do not mature so soon, the men generally are of a better mould, and mellow as early into a ripeness, as any of those Nations, who because they have more of the Sun plead for a priority, forgetting that some kind of grain are ripened best by Frosts. And this so many excellent men of all sorts, as have been of that Nation, are so many examples of. But to revert to this one among the rest, who having laid his foundation in humane Arts and Sciences, did not make his period there, but used them as the rundles of a ladder by which he might climb higher to the knowledge of diviner things, to the practice of which by way of charge he was sooner called than he expected; for his father being by age and weakness of body unable to appear any more in public, none was thought fitter to succeed in the Parsonage of Calder then his son; though otherwise in a well-governed Church, his age (being then but eighteen) might in an ordinary course have been a bar against him; but his early parts, and his conscientious diligence in attending this cure, supplied his defect of years, and the greenness of his youth was corrected, and tempered by so sober a gravity, as no man could either despise his youth, or think him unfit for the employment. Nor were these virtues of his buried, and confined within the boundaries of his Parish; for having formerly had a relation to the Noble family of Lennox, An. 1601. he was looked upon as the fittest person of his quality, to attend Lodowick Duke of Lennox as his Chaplain in that honourable Embassy to Henry the fourth of France, for confirming the ancient amity between both the Nations: wherein he so discreetly carried himself, as added much to his reputation, and made it appear that men bred up in the shade of learning, might possibly endure the Sunshine, and when it came to their turns might carry themselves as handsomely abroad, as they whose education being in a more pragmatic weigh usually undervalue them. In the retinue of this Noble Person he returned from France through England, where Queen Elizabeth being in her declining age, was in his Master's name saluted by this Ambassador, who seeing her night draw on so fast, could the easier guess that his Masters rising in this Horizon was not then far off. Some two years after this, An. 1603. Queen Elizabeth (after the glorious reign of forty four years) by her death made way for King james her successor, and when all the World stood at gaze what would become of the Crown of England (which the Jesuit under the name of Dolman had bandied over into Spain, and some of the contrary extreme, were then in consultation (though upon different purposes) to make a game of it at home) there was a diviner hand of Providence, which so unexpectedly ordered it, that without any contest at all, it settled on the right heir, to the admiration of the neighbouring Nations, and (had we known our own good) to the infinite happiness of this. This King being to take possession of his hereditary Crown here, chose out for his attendants, the most eminent persons of all kinds: and among his Clergy this Author (being then no farther advanced then to his Cure of Calder) was summoned to this service. That year, james Beaton Archbishop of Glasgow dying, the King (who being of excellent parts himself, could the better discover and value them in others) not only preferred him to that See, but farther admitted him for his prudence and dexterity in Civil things to be one of his Privy Council in Scotland. And being graced with these honours, he was sent back from England the same year to attend Queen Anne in her journey to London, who knowing his integrity made him her Almoner for the better dispensing of her Charity, which could not confidently be credited but to clean hands and an uncorrupt heart, such as his really was. Not long after this, An. 1610. he presided in the Assembly at Glasgow, where the power of Bishops, ex jure postliminii was restored. The same year upon the King's command, he with the Bishops of Brechin and Galloway repaired to London, where he received the solemnities of consecration from the Bishops of London, Ely, and Bath, in the Chapel at London●house. At his entry to the Archbishopric of Glasgow, he found the Revenues of it so dilapidate, that there was not One hundred pounds sterling of yearly Rent left, to tempt to a new Sacrilege: But such was his care and husbandry for his Successors, that he greatly improved it, and yet with so much content to his Diocese, that generally both the Nobility and Gentry, and the whole City of Glasgow were as unwilling to part with him, as if he had been in the place of a Tutelar Angel to them. An. 1615. But part with him they must; for after eleven years presiding there, the See of S. Andrews being vacant, King james (who like another Constantine thought himself as highly concerned in providing Successors for Churches, as Heirs for his Crown) removed him from Glasgow (being then about the age of forty nine years) to be the Primate and Metropolitan of all Scotland. The next year after this, An. 1616. he presided in the Assembly at Aberdene, where the Earl of Montross being the King's Commissioner, the excommunicated Marquis of Huntley was upon his Penitence received into the Bosom of the Church. And at the same Assembly there past an Act for the drawing up a Liturgy for the Church of Scotland, and some of the most learned and grave among the rest (William Cowper Bishop of Galloway being designed the chief) were deputed to that Work, wherein the Service of God, and the Peace of that Church was so deeply concerned: Which I the more willingly mention, that the deceived party might know, that the design of a Liturgy, which was afterward looked upon as the dangerous Trojan horse, sent in by their suspected Neighbours, might have proved more properly such a Palladium to them, as might have preserved them to this day, had they not only scornfully, but seditiously rejected it, and have therefore found the same fate as they of Troy did; of whom it was observed, Peritura Troja perdidit primùm Deos. Being invested by the King's favour in this Primacy, he made so much farther use of it, as he procured Three hundred pounds sterling of yearly Rent (being by the Sacrilege of former times swallowed up in the Crown-Revenues) to be restored to his See: Nor did he find any difficult business of it; for certainly these latter Ages have not produced in any Nation, a Christian Prince that understood better than he the horror of Sacrilege, and the Concernments of Religion, which never suffers more, than when the Professors of it are exposed to Scorn and Poverty. For, however this was the portion of the best and Primitive Times, when the Christian Faith had no public Civil Authority to own it, yet after it had pleased God to make Kings the Nursing-fathers', and Churches were endowed by pious men, their Revenues were ever held Sacred, till the Covetousness of some, and the Profaneness of others, had consulted with that subtle Oracle, that delivers it tanquam è Tripod, that there can be no such sin as Sacrilege; for as Nothing can be given to God, so Nothing can be taken from him. All King james his time he lived in great favour with him, and was the prime Instrument used by him in several Assemblies, The Assembly of Perth 1618. for the restoring the ancient Discipline, and bringing that Church to some degrees of Uniformity with her Sister Church of England; which had we on both sides been worthy of, might have proved a Wall of Brass to both Nations. Nor was his Industry less for the recovery of some remnants and parcels of the Church's Patrimony, which (though they were but as a few Crumbs in comparison of that which at a full Meal Sacrilege had swallowed) he found to be an hard Province, yet by his zeal and diligence he overcame many difficulties, and so little regarded his own ease, that for the effecting of this, and what else conduced to the recovery of that Church in Patrimony and Discipline, they who knew the passages of his life, have computed that he made no less than fifty journeys from Scotland to London. Nor was he less gracious with King Charles his blessed Son, An. 1633. who was Crowned by him in the Abbey Church of Holyrude-house, with such high applause and acclamations of that Nation, that it could not have been possibly imagined, that such an Hosanna should ever be turned into a Crucifige; or that a Prince, so passionate a lover of his own native Country, should find such enemies in the bowels of it, as either to contrive, or to assist his Ruin. But thus God had ordered it (as in the case of josiah) rather as a Punishment for our sins, than his, that leaving his earthly Crown (which to him really proved but a Crown of Thorns, whatever it may prove to others) to the bold Hand that would next venture to take it up, he might be put in possession of a more glorious Diadem, and sit Crowned there, where (if the joys of heaven admit of such a diversion) he looks down upon things below, and all that happens here, with so much unconcernment, as what was said of the brave Roman, may in a Christian sense be more suitable to him, — Illic, postquam se lumine vero Implevit, stellásque vagas miratur, & Astra Fixa Polis, vidit quantâ sub nocte jaceret Nostra dies, ridétque sui ludibria trunci. But to return to this pious man (who was so happy as to have his eyes closed, before the Crown which he so solemnly set upon his Master's Head, was to the astonishment of the World snatched from him) there must be added to this story, That as he enriched his See of Glasgow, so he did the like for S. Andrews, procuring the Revenues of the Priory (being then in Lay hands) to be added to his Church. But having compassed this, to show that it was done rather for the Church's interest then his own, he dealt by way of humble Petition with the King, that of his large Diocese of S. Andrews, so much as was of the Southside of the River of Forth might be dismembered, for the erecting of a new Bishopric: which accordingly was done, and being amply endowed, was seated in their Prime City of Edinburgh. Two years after this, An. 1635. the Earl of Kinnoul being Chancellor dying (a Person of singular Prudence and Integrity) his Majesty knew not where to fill the place with a Successor, with whom he might more securely trust his Conscience, then with this aged Prelate, near to God by his Function, and by his age (being then arrived to David's great Climacterick) so near to his end as might well put him in remembrance, that the account which he was to give of his Stewardship could not be far off. And this honour he enjoyed to his death, with the approbation of all, only such excepted, whose evil eye at the Clergy, and their own particular ambition wrapped into such a fancy, as made them think every honour to be misplaced that was not settled on their own shoulders. He had not fully measured out four years in the discharge of the duties of this place (which did not so entangle him but that the danger of the Church which then was drawing on filled him full of thoughts which way he might divert it) when that unhappy design which had been so long hatching under the wings and warmth of a mal-content and seditious party, began to be ready to fly abroad. And what could be called for as a fitter Midwife to this birth, than something that at least might look like Religion. For the rule was given long ago, before ever Macchiavel lived to vent it, and is likely to hold to the end of the World, — Quoties vis fallere Plebem, Finge Deum. And from hence rose that storm, which with so much violence fell on this Reverend good man, that he was forced by it for safety of his life to retire into England, An. 1639. where age and grief, with a sad soul in a crazy body had so distempered him that he was driven to take harbour in Newcastle, till by some rest, and the care of his Physicians, he had recovered so much strength as brought him to London. But this proved but a short reprieve, for being come thither he fell into a relapse, and the sentence of death being to be executed on him, he took his bed some nine days before, waiting for that blessed hour, when being freed from any farther heart-breakings for those evils he could not prevent, he might be admitted into his Master's joys, where future calamities could not reach him. In this time of his sickness, and preparation for his end he was visited by the Archbishop of Canterbu●y, and some other Bishops, with whom, with great devotion, he received that blessed Viaticum, the Bread that came from Heaven, in the strength of which he was to pass unto Eternity. After which though his desire was rather to compose himself for privacy and silence, then to admit of any company, he could not prevent the visits of many honourable Persons. Among whom the visit of the Marquis Hamilton (being looked upon by the eye of the World as disaffected to the whole Order) deserves more particularly to be remembered; and the circumstances of it you shall have in those terms as they are related. The Marquis coming near to his bedside, was pleased to say, My Lord, I am come to kiss your Lordship's hands, and humbly to ask your blessing To which the Archbishop with a soft voice answered, My Lord you shall have my blessing, but give me leave to speak these few words to you; My Lord I visibly foresee, that the Church and King are both in danger to be lost, and I am verily persuaded, that there is none under God so able to prevent it as your Lordship: And therefore I speak to you as dying Prelate in the words of Mordecai to Esther, If you do it not, Salvation in the end shall come where else, but you and your house shall perish. To whom the Marquis made this worthy reply, That what he foresaw was his grief, and he wished from his heart he were able to do that which was expected from him, though it were to be done with the sacrificing of his Life, and Fortunes. After which upon his knees he received the Archbishop's blessing and departed. I shall make no Commentary upon it, for the best interpreters of words are actions, As he lived, so he died in peace, with a stillness so much more than ordinary, that they who were about him, could not by any outward agony perceive when that peaceable Soul of his departed. But before that last minute (sad to his friends, but to him infinitely joyful) had closed up those eyes, which had so long been watchful for the Church he governed, his Intellectuals and best Faculties being clear and undisturbed, and desiring to leave the world a copy of the faith he died in, he premised it to his last Will and Testament in this form following: First, for that I esteem it the duty of every Christian (especially of those whose service it hath pleased God to make use of in his Church) to make some open declaration of his Faith wherein he lives and dies, I profess that I believe all the Articles of that ancient Christian Creed, commonly called The Apostles Creed; the sum whereof is, That God is One-in Three Persons; the Father, Creator of all things; the Son, made Man in fullness of time, who by his bitter Possion and Death having redeemed Mankind, rose from death, and ascended to Heaven, from whence he will come to judge all flesh; and the Holy Ghost, proceeding from the Father and the Son, the Sanctifier of all that believe; That this God hath chosen to himself a Church, the Members whereof living in Communion, though never so dispersed, shall by his infinite mercy receive remission of all their sins, and being raised again in their Bodies, at the last day shall enjoy everlasting life. This is the sum of my faith: Other Additaments which Ignorance and Corruption have super-induced into Christianity, I simply refuse, beseeching God to purge his Church from the Errors and Superstition that hath crept into the same, and at last to make us all that are called Christians, the Sheep of one Fold. For matters of Rites and Government, my judgement is, and hath been, That the most simple, decent, and humble Rites should be chosen, such as the bowing of the knee in the receiving the holy Sacrament, with others of the like kind; Profaneness being as dangerous to Religion as Superstition. As touching the Government of the Church, I am verily persuaded that the Government Episcopal is the only Right and Apostolic Form; Parity among Ministers being the breeder of all Confusion, as experience might have taught us. And for those Ruling-Elders, as they are a mere humane Device, so they will prove (when the way is more open to them) the Ruin of both Church and State. In the simplicity of this Faith he lived, and in this he died, like one of the Bishops of those Primitive Times, when the modern names of-Faction were not known; and whosoever agreed to these Fundamentals, the Church was not so nice a Mother as to cast them out. And though in the passages of his life, enough hath been said already to give you the Character of this excellent Person: yet because Pictures drawn at length, where nothing of the figure or proportion is left our, are the most graceful Pieces, I shall so far enlarge it for the Readers sake, as may with more advantage induce him to copy it out into his own life and manners. And for this, though the voice of public fame be loud enough to give directions, yet I shall rather owe them to those persons of integrity, who in his Life time being admitted to be nearer witnesses of his conversation than others, may with more security be harkened to. For flattery follows no man farther than his grave, and it were well if malice went no farther. And this he had the less reason to fear, because in his Life he had set so severe a watch upon himself, that his conversation was without reproof, even in those times, when the good name of every Clergyman was set at a rate, as formerly were the heads of Wolves. Only one hath been found (that ever I heard of) who thought he could not sufficiently vindicate his Diana the new-modeld Church of Scotland, (which under the notion of the kingdom of Christ were then busy to set up a kingdom of their own) unless he raked into the grave of this innocent person, and violated his dust, whom in his Life time he could not look upon without reverence. Nor shall I do him the honour to name him, much less to answer him, but rather leave him to the Tribunal of his own Conscience, where if the Court be not infinitely corrupted, he stands condemned already. And this I forbear the rather, that writing his Life, I might in this particular imitate the Life I write of, which had so much of moderation and calmeness in it, that though he had many encounters with those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (such as Bishop Nazianzen complains of) yet he never dealt with them at their own weapons, but borrowed his from the Armoury of his Saviour, from whence he was furnished with humility enough to oppose their pride, and meekness enough to answer their choler. As for his Patience in suffering, which is a neighbour virtue to the former, he is a rare example; for living in those tumultuous, and undistinguishing times, when Rapine, and Malice was called Zeal, and Sedition wore the colours of Religion, and being thereupon driven both from his native Country, and from the honours, and preferments which he enjoyed, he was never so much as heard to complain of his enemies, but upon his deathbed made it his solemn prayer to God, that he in his own particular might be forgiven upon no other terms, then as he for Christ's sake forgave them. For piety he was more for substance, then for show, more for the power of godliness, than the bare form of it. Frequent he was in his private Prayers, and in the public worship of God of such an exemplary carriage, as might warm the coldest congregation to gather heat, and to join with him in the same fervency and height of his devotion. For preaching he was rightly gifted, though not in the Modern sense, where ignorance and impudence, without any farther commission, make up the Preacher. For his constant way was to deliver much matter in few words, not affecting or looking for applause from them, who dote upon the best lungs, and the longest Preacher, but considering seriously whose message he brought, he discharged it with so much judgement and yet with such simplicity of spirit, as might sooner get Souls for God, then Praise from men. For outward works of Charity, he looked upon them as the proper Badge of his heavenly Master, and could no more esteem him a Christian, who boasted of his faith without them, than he could believe a Thorn or Brambleto be a Figtree. And in his own particular he acted in this way to the utmost of his means, for besides the dispensing of his private Charity, where the right hand was not to know what the left hand did, he publicly upon his own charges built, and adorned the Church of Darsy after the decent English form; which if the boisterous hand of a mad Reformation hath not disordered, is at this time one of the beautifullest little pieces of Church-work, that is left to that now-unhappy Country. Nor is it to be buried in silence, what he did in a time of famine, for the relief of the Isles of Orkney, when he did not only incite others to a liberal Contribution, but led the way to them by his own example, in such a proportion as suited rather with the largeness of his mind then of his fortunes. There remain but two things more to be accounted for, The Children of his Body, and the Issue of his Brain: The former was numerous, but of these, three only came to perfect age, whom he had by Rachel Lindsay daughter to David Lindsay Bishop of Rosse, of the house of Edzell, an honourable family in Scotland. His eldest Son Sir john Spotiswood lives yet, though not in a plentiful, yet in a contented condition, not any way cast down, or ashamed of his Sufferings, but comforting himself rather, that in this general Ruin brought upon his Country, he hath kept his Conscience free, though his Estate hath suffered. His second Son was Sir Robert Spotiswood, a great ornament to his Nation, for his many and rare abilities, who after he had studied nine years abroad, was for his great wisdom and knowledge in the Laws, preferred first by King james to be Lord of the Session extraordinary, and afterward by King Charles not only to be the constant Precedent thereof, but to be his chief Secretary for that Nation. And although he suffered a violent death upon the Scaffold at S. Andrews, yet seeing he was found guilty of no Crime but that of Loyalty and Fidelity to his Master, which in no Records of Law, nor in any Age but this (ubi ipsa rerum nomina perdidimus) was ever reckoned among Treasons, let his Memory he had in honour, as of a Martyr that suffered for Righteousness sake: for which he had so great a zeal, that upon that very Scaffold where he was to suffer, he showed such a religious and honest boldness towards his Countrymen, as to call to as many of them as curiosity had brought thither to see his end, That they should keep fast their Duties to their God, and to their King, and beware of those seditious Ministers, into whose mouths, as into the Prophets of Ahab, the lying spirit had entered, both to seduce them, and to ruin that noble Nation. The third left of his Progeny was a Daughter, who being virtuously and religiously bred, was happily married to Sir William Saintclare of Rosline, one of the ancient Barons in Scotland. As for any Works that he left behind him (besides the memory of his life, which might have made the greatest Volumn) I hear of none extant but this excellent History: For though he were a person both of great Place and Parts, he was not easily tempted to trouble the Press, and to show himself abroad. Nor was this History undertaken by him by any free motion of his own, but by the instance and command of King james, whose discerning spirit had singled out him as a person best qualified for an Historian, with Prudence, and Candour, and clearness of style, and so much innocent courage, as neither to fear to speak the Truth, nor to dare to speak a Lie. And though his obedience to the Commands of his Sovereign had a very powerful influence upon him, yet being to deal with a King who made not his Will his Law, but being a great Master of Reason, was as ready to hear, as to give it; he took the liberty in an humble way to propound several Objections, one of which more especially deserves to be remembered, not only for the Historians sake, but for his that set him on work: and it was thus; It is not unknown to your Majesty (saith the Bishop, being willing enough to find an handsome excuse) that your Majesty's Mother being defamed by the bold Writings of a malicious Party, and the credulity of easy people (who to avoid the trouble of searching into them, use to swallow such Reports as these without chewing) hath not left a clear name behind her: And as in mine own particular judgement I cannot join with them in those Scandals which they have with so malicious a falsehood cast upon her, so your Majesty must give me leave to say, that in all things she did I cannot approve her: And being of necessity to speak of her in the Series of this History, what to do therein I know not. To whom the King replied, Speak the Truth man, and spare not. And upon this encouragement from so excellent a King (which few of the Rulers of this present world dare give to their Historians) he cheerfully set about this Work, and laying aside all Partialities, that he might more faithfully go through with it, he had not only the use of all the Registers both of Church and State in Scotland, but of all Letters of State that could any way concern the Work he was about, which either were sent to him, to be surveyed by his own eyes, or transcribed by sworn Officers, and attested by the Clerks hands. With this caution, and with these advantages he undertook, continued, and finished this History, as the Intervals of public business, and his own private Studies and Devotions would give him leave. And the Work being of that nature, as not to be Res Ingenii, and to be woven out of his own Brain, but such as required search and deliberation, and such helps as were not always ready at command, but were to be waited for, let not the Reader wonder that this History begun by King james command, should not come into the world till both King james was in his grave, and the Writer too; but let him rather wonder that it comes out now: for it was left like an Infant of the Israelites in an Ark of Reeds, and if Providence had not found out very tender hands and heart to save it, it had been lost. And now it is time to bring this Reverend Prelate to his grave, though his good name and story may be longer lived. The manner of his burial by the command and care of his religious King, was solemnly ordered, for the corpse being attended by many mourners and at least 800 Torches, and being brought near the Abbey Church of Westminster, the whole Nobility of England and Scotland (then present at Court) with all the King's servants and many Gentlemen came out of their Coaches, and conveied the body to the West-door, where it was met by the Dean and Prebendaries of that Church in their Clerical habits, and buried according to the solemn Rites of the English Church, before the extermination of decent Christian burial was come in fashion: Above his Corpse these words following are engraven in brass. MEMORIAE SACRUM DOMINUS JOANNES SPOTISWOOD ECCLESIAE SANCTI ANDREAE ARCHIEPISCOPUS, SCOTIAE PRIMAS, ET REGNI CANCELLARIUS VIGINTI ANNOS PRESBYTER UNDECEM ANNOS ARCHIEPIS COPUS GLASGOENSIS VIGINTI QUIN QUE ANNOS S. ANDREAE ET PER QUATUOR ANNOS REGNI SCOTIAE CANCELLARIUS EX HAC VITA IN PACE MIGRAVIT ANNO DOMINI 1639 SEXTO CALENDAS DECEMBRIS REGNI CAROLI 15. AETATIS SUAE 74. PRAESUL, SENATOR, pene MARTYR hìc jacet Quo nemo Sanctior, Gravior, Constantior Pro Ecclesia, pro Rege, pro Recta Fide Contra Sacrilegos, Perduelles, Perfidos Stetit ad extremum usque Vitae Spiritum, Solitumque talium Meritorum Praemium Diras Rapinas Exiliumque pertulit. Sed hac in Urna, in Ore Posterum, in Deo Victor potitur Pace, Fama, Gloria. D. M. The Author's Dedication To The High & Mighty Monarch Charles by the grace of God King of Great Britain France & Ireland Defender of the Faith. portrait Per Ecclesiam Petor To the KING His most Sacred Majesty, CHARLES, By the Grace of God King of Great Britain, France and Ireland, Defender of the Faith, etc. MOST DREAD SOVEREIGN, THere is not amongst men a greater help for the attaining unto wisdom, then is the reading of History. We call Experience a good Mistress, and so she is; but as it is in our Scottish Proverb, It seldom quits the cost: History not so; it teacheth us at other men's cost, and carrieth this advantage more, that in a few hours reading, a man may gather more Instructions out of the same, than twenty men living successively one after another, can possibly learn by their own experience. Therefore hath History by all wise men been ever held in good estimation: and none thought to deserve better of the Church and State wherein they lived, than they that have taken the pains to record unto Posterity the things fallen forth in their days: For there is no new thing under the Sun; what hath been, or is, the same also shall be, saith the Preacher. To know the success and event of every course, there needs only the knowledge of things past, and a fit comparing of them with the present. Now this knowledge is chiefly got by History; The want whereof hath bred in our Church many strange mistake: For did men understand how things went at our Reformation, and since that time, they would never have been moved to think that Episcopacy was against the Constitutions of this Church; One of the first things done in it, being the placing of Superintendents with Episcopal Power, in the same, and no act so often iterated in the General Assemblies of the Church, as that Ministers should be obedient to their Superintendents under pain of deprivation. Then for the Consistorial Discipline brought from Geneva some sixteen years after the Reformation; did men know the troubles raised thereby, both in the Church and State, with the necessity that your Majesty's Father of blessed Memory was put to for Reforming that confused Government, they would never magnify nor cry it up as they do. To remedy this want, and let all that desire to be truly informed of things fallen out in our times, I took the pains to collect this History, which I do now humbly present unto Your Sacred Majesty: If the same shall be graciously accepted, as I cannot but presume upon Your accustomed humanity to all, I have that I desire: for with me it is a small thing to be judged of others; God knoweth, I have followed the Truth, and studied to observe the Laws of History. The Collection premitted in the two first Books, concerning the planting and progress of Christian Religion in this Kingdom, with the worthy Instruments that God raised to propagate the true Faith, both here and in the neighbouring Countries, contained no great matters: as of those first Ages, whereof we have few or no Records remaining, how should any great things be truly affirmed? Yet the little I have found and brought together, may let us see the exceeding goodness of God toward this Nation, having so soon after the Ascension of our Saviour unto the heavens, made the Gospel here to be Preached, and a Church thereby gathered, which to this day hath found a safe harbour under Your Majesty's Royal Progenitors. Fourteen hundred years and above we reckon, since King Donald the first of that name his embracing the Christian Faith: All which time there hath not been wanting in the Royal Stock a most kind Nursing Father to this Church: or if a careless and dissolute King (which in so long a succession of Princes is not to be wondered) happened to reign, the same was ever abundantly repaired by one or other of the Kings that followed; neither did this bring them less happiness than honour; For give me leave, Sir, to speak it, which I hold not unworthy of your Majesty's consideration, the Scottish Kingdom once the least of nine Kingdoms that ruled in the Isle, by the wonderful providence of God, is now so increased, first in the person of your Majesty's blessed Father, and now in your own, as the Sceptre of the whole is put into your Majesty's hands, which that you may long happily sway and your posterity after you to the world's end, is the hearty wish of all loyal Subjects. For my part (next to God his undeserved love) I do ascribe this happiness to the piety and devotion of your princely Ancestors, and to their zeal in maintaining the rights and liberties of this Church. Your Majesty keeping the same course (which blessed be God you hold) you may be confident of God his protection against all dangers whatsoever, for he will honour them that honour him, and never turn away his face from his Anointed. God Almighty I beseech to multiply his blessings upon your Majesty and your Royal Progeny, to give you the desire of your heart, and cloth all your Enemies with shame. So he prayeth that is Your Sacred Majesties Most humble Subject and Servant S. Andrew's. From the place of my Peregrination 15 Novemb. 1639. The Contents of the several Books. THe First Book containeth the planting and progress of Christian Religion in this Kingdom, unto the subversion of the Picts, which fell out about the year of our Lord, 840, Fol. 1. The Second Book containeth succession of Bishops in the several seas of this Kingdom, especially in the sea of S. Andrews, with other principal things that happened in their times. fol. 25. The Third showeth the History of the Reformation, of the Church, and how it was wrought. fol. 117. The Fourth Book showeth the things that fell out after Queen MARY her coming from France into this Kingdom, unto her resignation of the Crown to King JAMES her Son. fol. 176. The Fifth declareth how matters passed in the State and Church, during the Government of the four Regent's, His Majesty being yet Minor. fol. 213. The Sixth containeth the things that happened after his Majesty's assuming of the Government in his own person, unto his happy Succession to the Crown of England. fol. 282. The Last and Seventh Book rehearseth the proceedings after his Majesty's going into England unto his dying. fol. 473. THE HISTORY OF THE CHURCH OF SCOTLAND. THE FIRST BOOK. The Contents. The planting and progress of Christian Religion in this Kingdom, unto the subversion of the PICTS, which fell out about the year of our Lord 480. HAving purposed to write the History of this Church, The Preface. I have thought meet to begin at the time in which this Kingdom did first receive the Christian faith; for albeit we have few or no Records left us of those first times, yet as much is to be found in stories, as will show what was the condition of this Church in every age. And herewith we must content ourselves, till we come to the times that yield greater plenty of matter, when I shall come to our own time. I purpose to set down at length the things that have happened both in the Church and State, together with the counsels and causes of those events, without the which, the History should be of little use; For take away from story the causes whereupon, the manner how, and the purpose wherefore things were done, that which remaineth is more like a Fable than an History; delighting the Reader, it may be, for the present; but giving little or no instruction at all. I am not ignorant how unsafe it is to write of matters so recent, and what offence it may give to divers persons; but the desire I have to give posterity a true information of things, and to have them made wise by our errors, weigheth down with me all such fears; wherefore without further prefacing, to begin. IN the year of our Lord 203. Anno 203. (which was the fourth of Donald the first his Reign) the Faith of Christ was in this Kingdom first publicly embraced; Scotland converted to the faith of Christ, Anno 203. Both. li. 6. Buch. li. 4. L●st. l. 3. King Donald with his Queen and divers of his Nobles, being then solemnly baptised. Yet was not that the first time wherein Christ was here made known: for Tertullian who lived some years before, speaking of the propagation of the Gospel throughout the world, doth reckon among the country's the parts of Britanny, unto which the Romans could not find access; and what these parts were we cannot doubt, all the Inland of Britanny being then made subject to the Romans, and no part free, but that little corner of the Isle which the Scots did inhabit. Moreover, it cannot in reason be thought, that the conversion of this Kingdom was all wrought at one instant, great alterations, such as that must needs have been, not being made, but by little and little; so as we may well think that numbers of people have been won to the Christian profession, before the same was publicly embraced by the King and his Nobles. But who they were that God used as instruments in that work, The Planters of Christianity in this Kingdom. is not certainly known; Nicephorus writeth that Simon Zelotes (after he had traveled through Egypt, Cyrene, Africa, Mauritania, and Lybia) came at last ad occidentalem Oceanum, insulásque Britannicas, and there preached the Gospel; Dorotheus addeth, that he was crucified in these parts. There be Authors likewise of no small credit, who write that S. Paul the Apostle after his first imprisonment at Rome, did visit this Isle, and preach the Gospel in the utmost parts thereof. The opinion most commonly received is, Reason's why Pope Victor could not be the worker of our conversion. that Pope Victor, upon the entreaty of King Donald, did send hither some Preachers, and that these were the men that wrought our conversion: but this cannot hold, for divers reasons. As first, if the King did move the Pope in any such business, it must needs have been upon some knowledge and liking he had of the Christian profession; and if so, the Preachers that he sent hither, could not be the first that taught us the faith of Christ. Again, the estate of the time maketh this opinion improbable; for the year, in which the King is said to have sent that legation to Rome, was the very last of Pope Victor (for he suffered Martyrdom in the year 203.) and hardly we can think, that in the heat of persecution, which then did rage in all the Roman● Provinces, the King would have employed any in such a message. Thirdly, if our conversion had been wrought by Pope Victor, how came it that our Church was not fashioned to the Roman in outward Rites, especially in the observance of Easter, whereof Victor was so zealous, as he excommunicated all the Churches of the East for their disconformity with the Roman in that point? And it is clear, that for the space of many ages our Church did keep a form different from the Roman, and with much ado was brought to accept their Customs and Rites. Last of all, the learned Cardinal Baronius, although he will have our conversion to be made by some one of the Roman Bishops, esteemeth this which is said of Victor no better than a fable; for how is it, says he, that neither Beda, nor Marianus, nor S. Hierom have made any mention of it? In all likelihood, if any such thing had been, some one or other of them would have remembered the same. Leaving therefore this conceit, and not deeming these other opinions very warrantable, if place may be given to conjecture, I verily think that under Domitian's persecution, when the Apostle S. john was relegated to Pathmos, some of his disciples have taken their refuge hither, and been the first Preachers of the Gospel in this Kingdom. And this I am induced the rather to believe, because in that hot contention moved about Easter, some two hundred years after, I find our Church did still retain the custom of the Oriental, and maintain their practice by the authority of S. john, from whom they pleaded to have received the faith. But whatsoever be in this, sure not long after the Ascension of our Lord, at least whilst the Apostle Saint john yet lived, the faith of Christ was known and embraced in divers places of this kingdom, so as we may truly glory in this, that we were inter primitias, as Origen speaketh, amongst the first-fruits of the Gentiles gathered unto Christ, An. 277. this made that venerable Abbot Petrus Cluniacensis, call the Scots antiquiores Christianos, of greater Antiquity than many others. But to return to King Donald; Buchan. li. 4. it was in his purpose to have rooted out Paganism, Severus his expedition into Britain. and planted the Christian Faith every where in his Kingdom; but whilst he was about to do it, the Emperor Severus put him to other business; he thinketh to take in the whole Isle, and join the same to the Roman Empire, entered into Britain with a mightier Army than had ever here been seen, and leaving his son Geta in the South, went himself in expedition to the North parts, making no stay (though he was gouty and compelled to travel in a litter) till he was come to the utmost ends of the Isle; The Scots in the mean time keeping the Marshes, and Mountains, though they durst not encounter the Roman forces because of their numbers, yet did annoy them much, taking them at advantages; which Severus perceiving, and that there were no means utterly to subdue them, as he had first intended, he made offer of peace, if so they would quit what they possessed betwixt the Wall of Adrian, and the River of Forth. The condition, though hard and unreasonable, was yielded unto by the Scots, who desired to be freed of so mighty an enemy; and he to exclude them from the rest of Britain, did raise a wall of stone betwixt the Rivers of Forth and Cloyed, two and thirty miles long, fortifying the same with Bulwarks and Watchtowers in many places: Nor was it long after this peace obtained, that King Donald departed this life; whereupon the Christian Religion for many years was little or nothing promoted. For Ethodius that succeeded was a Prince of no government, and the Kings that came after him all unto Cratilinth, either wickedly inclined, or entangled with wars and troubles; King Cratilinth expulses the Druids. but Cratilinth coming unto the Crown in the year 277. made it one of his first works to purge the Kingdom of heathenish superstition, and expulse the Druids, a sort of Priests, held in those days in great reputation. Their manner was to celebrate sacrifices, and perform their other rites in Groves, with leaves and branches of Oak, and thence saith Pliny, they were called Druids; for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Greek language doth signify an Oak. Caesar in his Commentaries doth further write, A short description of the Druids. that besides the managing of sacrifices which were committed to them, they were trusted with the decision of controversies, private and public; and that such as would not stand to their judgement, were interdicted from being present at their sacrifices and holy rites; which was taken for a grievous punishment. It is likewise testified of them, that they were well learned in all natural Philosophy, men of moral conversation, and for Religion not so grossly ignorant and superstitious, as other heathen Priests; for they taught, That there was one only God, and that it was not lawful to present him in an image: That the souls of men did not perish with the bodies, and that after death men were rewarded according to the life they led on earth. Some also have written that they did prophesy of the conception of a Virgin, and of the birth of him who should be the Saviour of the world: But that such mysteries were revealed unto them, and so plainly as the Prophets of God in the Old Testament had scarce the like, is not credible. They lived likewise in great respect with all sorts of people, and ruled their affairs very politicly; for being governed by a Precedent, who kept his residence in the Isle of Man, (which then was under the dominion of the Scots) they did once every year meet in that place to take counsel together for the ordering of affairs: and carried matters with such discretion, that Cratilinth found it difficil enough to expulse them, because of the favour they had among the people. But that which furthered not a little the propagation of the Gospel in these parts, Diocletian his persecution. was the persecution raised by Diocletian, which at that time was hot in the South parts of Britain. This brought many Christians, both Preachers and Professors, into this Kingdom, who were all kindly received by Cratilinth, and had the Isle of Man given them for their remaining, and revenues sufficient assigned for their maintenance. In this Isle King Cratilinth erected a stately Church to the honour of our Saviour, Sodorense fanum. which he adorned with all necessary ornaments, and called Sodorense fanum, that is, the Temple of our Saviour; Both li. 6. hence it is, that the Bishops of the Isles are styled Sodorenses Episcopi. For so long as that Isle remained in the possession of the Scots, An. 360. the Bishops of Isles made that Church their Cathedral. After their dispossession, the Isle jona, commonly called Hecombekil, hath been the seat of the Bishops, and continueth so until this day. In this Isle Amphibalus sat first Bishop, Amphibalus the first Bishop of Man. a Britain born, and a man of excellent piety; he lived long, preaching carefully the doctrine of Christ both amongst the Scots and the Picts, and after many labours taken for promoting Christian Religion died peaceably in the same Isle. Our stories report that at the same time there lived in this Kingdom divers zealous and notable Preachers, of which number they name these six, Modocus, Priseus, Calanus, Ferranus, Ambianus, and Carnocus; that seem to have been men of principal note, and of them all generally it is witnessed, that living solitary, they were in such a reputation for their holiness of life, as the Cells wherein they lived, were after their deaths turned into Temples or Churches. And of this it came that all the Churches afterwards erected, were called Cells, which word I hear is yet retained amongst the Irish Scots; Culdees, why so called. The Priests they termed Culdees, Both, l. 6. which Hector Both thinks to have signified as much as Cultores Dei, the worshippers of God; but it is more like this title was given them for their living in these Cells, whereas people assembled to hear service: somewhat it maketh for this, that in certain old Bulls and rescripts of Popes, I find them termed Keledei, and not Culdei. The same Both, Bishops in Scotland at the first planting of the faith. out of ancient Annals, reports that these Priests were wont for their better government to elect some one of their number by common suffrage, to be chief and principal among them, without whose knowledge and consent nothing was done in any matter of importance; Both ibidem. and that the person so elected, was called Scotorum Episcopus, a Scots Bishop, or a Bishop of Scotland. Neither had our Bishops any other title whereby they were distinguished, before the days of Malcolm the third, who first divided the country into Dioceses, appointing to every Bishop the limits within which they should keep and exercise their jurisdiction. After that time they were styled either by the countries whereof they had the oversight, or by the City where they kept their residence. But to return to Cratilinth; during his Reign, Christian Religion did prosper exceedingly, and Fincormachus his Cousin-germane that succeeded, keeping the same course, gave in his time a perfect settling unto it: So great a happiness it is to have two Kings of qualities alike good, succeed one to another; for what the one beginneth, the other doth perfect and accomplish. Yet this felicity endureth not long, the state both of the Kingdom and Church, being within a few years after his death quite overturned by this occasion; Maximus the Roman perfect practiseth with the Picts against the Scots. Maximus a man born in Spain, but of Roman education, being sent Lieutenant into Pritaine, and presuming to bring the whole Isle under his power, did practise secretly with the Picts for rooting out the Scots, promising that all the lands which the Scots possessed should be given to them. Bouch. li. 6. The Picts a perfidious people, greedily embracing this offer, Buchan. li. 5. did join their forces with the Romans, and both made invasion upon the Scots; who doing the best they could for their own defence, after divers sharp encounters, in a battle fought at the water of Dun in Carrick were wholly defeated, and King Eugenius, with the most part of his Nobility, slain. This defeat was followed with a rigorous edict, The Scots exiled commanding all the Scots, of what age, sex, or condition soever, to depart out of this Isle before a certain day: which was so precisely executed, Buchan. li. 4. as neither man nor woman, young nor old, were permitted to stay; nay not a Churchman (though all of that profession were in good esteem among the Picts themselves at the time.) Thus all the Scots went in exile, betaking themselves some into Ireland, others into the countries of Denmark, Norway, Sweden, or where it was in their fate to be cast: only some few Churchmen, after they had long wandered from place to place, got privately into jona one of the West Isles; where living in a poor condition, they laid the foundation of a Monastery, which in succeeding ages became famous by the beneficence of our Kings, and the sanctity of the Monks that there professed. Never was any Church or Kingdom brought to a greater desolation, but how long it continued, our writers do not agree; for Both will have the Scots to live in exile the space of 44. years, An. 370. and saith, that they returned in the year 422. Buthannan casts their return into the year 404. and so maketh their exile to have lasted 27. years only. Now whilst they lived thus exiled, Regulus arrives into Albion. it happened that one Regulus a Greci●● Monk arrived in these parts. This man (as they write) living in Achala, had warning given him in a vision by night to forsake his country and go into Albion, an Isle fited in the utmost parts of the world, and to carry with him the arm-bone, three fingers, and as many toes of S. Andrew the Apostle. The man troubled at first with the strangeness of the vision, did after a little time resolve to follow the warning, and take a little box in which he put those Relics, went to se●, taking some persons in company with him; The story nameth Damia nus a Priest, 〈◊〉 Thebaculus, and Mermacus, brother to Damianus, Deacons; 〈◊〉 and 〈◊〉 a Cretain, Merinus and Silvin●s his brother, Monks by profession: Some eight more are said to be in his company, but their names are not expressed. The ship wherein they sailed being tossed with grievous tempests, was driven at last into the Port or Haven called then 〈◊〉, now St. Andrew's. Hergustus' King of Picts, Hergustus' King of the Picts, gave his Palace to Regulus. under whose dominion that part of the country as then was, advertised of the strangers arrive, and the Relics they had brought with them, came thither, and pitying their losses, (for besides the Relics they had nothing saved) When he beheld the men, and the form of their service, did so like it, as he took order for their entertainment; shortly after he gave unto Regulus his own Palace, with certain lands adjoining, and nigh thereunto erected a Church (the same whereof we see a part yet remaining on the South of the ruined Cathedral, called to this day The Church of St. Rewle.) Here did Regul●s and his company abide, serving God devoutly, and for the austere life they led, were in great reputation with all men. Whether Regulus had such a vision or not, I leave it to those that list to believe. But that he did bring with him such Relics is not improbable; for in these times Christians did hold the bones and relics of Martyrs in a respectful reverence: which doth in no sort justify the abuses which afterwards crept into the Church, when from the keeping of Relics, they grew to worship and adore them; yea, and in many places, Priests out of their covetousness did use impostures, fo●●●ing in the bones of Asses and other beasts in stead of the Relics of Martyrs and saints departed. These and the like abuses did justly bring the keeping and carrying about of Relics to be detested. In the time of persecution, when the bodies of Martyrs were thrown into the fields and cast into dung hills, it might be held a charitable and pious work to gather and preserve them: but now that those things are superstitiously used, and vile receipts therewith practised, no wise man will allow such follies. Better it were, as Cassander advised, to incite people to the imitation of the Saints virtues, then to reserve their bones which can serve is no use, and savoureth only of vain often●●●●●●. But leaving this, let us follow the story. In the battle wherein E●genius fell, Echadius, or as others call him, Ethodius, his brother being sore wounded and found among the dead, was saved by the clemency of the Roman Perfect, and flying into Denmark with his young son E●hus, was received by the King of that Country, and kindly entertained. This E●●hus Marching with one Ra●a the daughter of a Nobleman in these quarters, had by her a son called Fergus, a Prince of much valour, who growing in years, and his Father and Grandfather both deceased, out of an hatred against the Romans, joined with the 〈◊〉 in a war they made upon the Gauls, that were subject to the Romans. That expedition not succeeding, he followed Alarick King of G●●es, and was with him a● the s●ek of Rome; Alarick dying, he served under 〈◊〉 his successor, and by the Fortunate exploits he made, purchased the reputation of a great Captain. The fame whereof (with the news that were daily brought of the defection of the Roman Provinces, and of the eruptions made upon the Empire by the G●●es, 〈…〉, and other Barbers) gave the Scots encouragement, and put them●● some hopes of returning to their country. Once or twice by the help of the Irish, having sought to repossess themselves, still they were put to the worst: But 〈…〉 proclaiming himself Caesar, An. 404. and transporting beyond Sea the whole power of Britain, they resumed new courage, and upon advertisemement of Fergus his return to Denmark, did entreat him to take the opportunity, and do somewhat for himself, and for his country. The Picts in the mean time being held in miserable subjection by one Victorinus a new Governor sent into Britain, and so repenting the course they had taken, did secretly reconcile with Fergus, offering restitution of all they possessed belonging to the Scots, and their assistance for recovering the rest. Fergus upon these advertisements prepared to return, and with him divers voluntaries of the Danes, King Fergus came to the Firth of Mur●ray. Norwegians, and others did join; besides the Scots that lived exiles in those parts. Both. l. 7. With this company taking Sea, on the eight day after his embarking he landed in the Firth of Murray; and from thence marching directly to A●gyle, where the Chair of Marble was kept, was placed therein, and crowned with the Rites accustomed. The news hereof dispersed, there gathered to him from all parts numbers of people, with whom in a short time he recovered all the countries, out of which the Scots had been expulsed. The Britain's upon this sent to implore aid of the Romans; of whom they obtained the supply of a legion under the conduct of Heraclianus; but he making no long stay, one Placidius was left in place, whom Fergus overthrew in battle, and forced to seek peace. This concluded, Fergus dividing the lands among the Scots; He repaired the Churches. and strangers that had ventured with him, did reorder all things according to the ancient form. The Churches that were ruined or defaced, he caused repair, restored the Churchmen to their places and in the Isle jona erected a religious house, with a Library furnished with the books that he had brought with him from Rome. Never was any Prince more nobly given, nor in so short space performed greater actions, having regained the Kingdom that was lost, King Fergus vanquished and slain. and reduced it to a better estate than before: neither had he ceased there, Both li. 7. if the Romans had not fallen upon him with a fresh power, and sent one Maximianus hither, by whom he was in battle vanquished, and slain in the sixteenth year of his Reign. This overthrow did so terrify the Scots, that they looked for nothing but to have been chased again forth of the Isle; but the eruptions made upon all the parts of the Empire, did not suffer the Romans to make long stay, wherefore having repaired the Wall of Severus, and made it much stronger than it was at first; they departed, advising the Britain's to use their own forces without any more expectation of succour from them. Upon intelligence of their departure, Greem a Nobleman of Britain, Greem battereth the wall of Severus. who had lived long among the Scots, Buch. l. 5. and whose daughter King Fergus had married, raised an Army, and battering down the Wall which the Romans had fortified, chased the Britain's beyond the Wall of Adrian an hundred miles more inward, and forced them to accept that for the march, and content themselves with the lands lying in the South of that Wall. Peace on these terms made with the Britain's, Eugenius the eldest of King Fergus his sons was declared King: and because he was yet within years, the Regency of the Realm committed to Greem his Grandfather; which he discharged so well, as whilst he lived, there was no trouble either within or without the Kingdom. But he dying, Eugenius assisted by the Picts, overcometh the Britain's. Eugenius (who was then grown to some years) laying claim to his Grandfather's lands, did repeat the same by his Ambassadors, and the Britain's defending themselves by the conditions of the late peace; when after divers messages no satisfaction could be had, war was of new raised. The Picts assisting the Scots, a sore overthrow was given to the Britain's, and they compelled to resign all the lands lying betwixt Tyne and Humber: which the Scots and Picts did peaceably enjoy unto the coming of the Saxons, Anno 450. about the year 450. The Church notwithstanding these wars did flourish all this time by King Eugenius his favour. St. Ninian. Ninian (he who with the posterity had the reputation of a Saint) was of great fame at that time. This man was born in Britain, and had his education in France under Martin Bishop of Towers his grand Uncle: having remained there some years, and made good profit in letters; he returned into Britain, and became a zealous Preacher of the Gospel. His chief residence was amongst the Picts in the country of Galloway; there he built a Church all of white stone (a sort of structure not usual in those parts) and called the same by the name of St. Mar●ine, not meaning to have him taken for the tutelary Saint of that place, (which in after-ages, when superstition prevailed, was the conceit of the people) but to preserve the memory of his virtues, and incite others to the imitation thereof: This was the chief respect in those first times that Christians had in denominating their Churches by the names of Saints departed; St. Augustin, de civitate Dei. li. 22. cap. 10. that other they utterly disclaimed. Nos Martyribus nostris, (saith St. Augustin) non templa sicut diis fabricamus, sed memorias sicut hominibus mortuis, quorum apud Deum vivunt spiritus; We do not build Temples to our Martyrs as unto Gods, but memorials as unto dead men, whose spirits with God are still living. Bede in his Ecclesiastic story speaking of this Ninian, Beda his Ecclesiast. Hist. li. 3. cap. 4. saith, that he learned at Rome, and was there taught the mysteries of truth. But we cannot think that he went a novice thither, being trained up under so kind and learned an Uncle: as ever that was, he proved a notable instrument in the Church; for he converted the Southern Picts to the faith of Christ; and for his continual labours in preaching (not among them alone, for he traveled also among the Scots and Britain's) but especially for his innocency and holiness of life, he was in so great regard, as to which of the three soever he came, they did reverence and accept him as the messenger of Christ. Among the Bishops of Galloway he is reckoned the first, and thought to have been the Founder of that College; for from that Church which he built all of white stone (as we said) the Bishops of that See have still been, and to this day are styled Episcopicandide casae. It was in the time of this Eugenius that Palladius came into Scotland, Palladius sent into Scotland by Pope Celestine. employed, as they write, by Celestine Bishop of Rome, for resisting the Pelagian heresy, which began to spread in this Church. This man a Grecian by birth, learned, moderate, and singularly wise, Beda li. 1. c. 13. as appeared in all his actions, did purge the Church from those errors, and won such love and credit, as by the space of 24. years he governed all Ecclesiastic affairs in these parts without any grudge or opposition. Buchannan is of opinion, Buch. li. 5. that before his coming, there was no Bishop in this Church; Nam (saith he) adid usque tempus, Ecclesiae absque Episcopis per monachos regebantur, minore quidem cum fastu & externa pompa, sed majore simplicitate & sanctimonia: that is, The Church unto that time was governed by Monks without Bishops; with less pride and outward pomp, but greater simplicity and holiness. What warrant he had to write so, I know not, except he did build upon that which joannes Major saith, Buch. his opinion refelled. speaking of the same Palladius, Per sacerdotes & monachos, sine Episcopis, Scoti in fide erudiebantur; The Scots (he says) were instructed in the Christian faith by Priests and Monks, without any Bishops. But from the instruction of Scots in the faith to conclude, that the Church after it was gathered, had no other form of government, Monks not reckoned among the Clergy. will not stand with any reason. For be it as they speak, that by the Travels of some pious Monks the Scots were first converted unto Christ; it cannot be said that the Church was ruled by Monks, seeing long after these times it was not permitted to Monks to meddle with matters of the Church, nor were they reckoned among the Clergy. As to the pride and pomp which he taxeth in Bishops, of later times it might be truly spoken; but after Palladius coming for the space of six hundred years and more, there was no such excess to be noted in them. But to return to Palladius; Servanus and Tervanus, ordained Bishops by Palladius. he was a man most careful in promoting Christian Religion, Both. li. 7. and the first that made Christ to be preached in the Isle of Orkney, sending Servanus one of his disciples thither. Hist. li. 4. Another called Tervanus he employed, among the Northern Picts, and ordained both of them Bishops. His own remaining for the most part was at F●rdon in the country of Mernis, where he built a little Church, which from him is to this day by a corrupted word called Padie Church: There was his corpse after his death interred. In the year 1494. William She●ez Archbishop of St. Andrews, visiting that Church, did in reverence of his memory gather his bones, and bestow them in a silver shrine; which, as the report goeth, was taken up at the demolishing of the Churches, by a Gentleman of good rank who dwelled near unto that place. The people of the country observing the decay which followed in that family, not many years after, ascribed the same to the violation of Palladius grave. Much about this time was Ireland converted to the faith of Christ, An. 491. by the labours of Pat●ick a Scotchman, born upon the River of Cluid, not far from Glasgow. They write of him, St. Patrick the converter of Ireland. that being thirteen years of age only, he was taken prisoner by some Irishes at an invasion they made upon the West parts of Scotland, Barnes. cent. 1. and sold to M●l●●, one of their Kings: Bacon. to. 5. in Anno 431. being kept there as a slave the space of four years, he was ransomed by his parents,, Sect. 191. and sent to school; where having made a reasonable progress in letters he went to France, Camden in the description of Ireland. and there remained 18. years in the company of Germane Bishop of Auxerre, under whom he attained to a great perfection of knowledge, especially in the holy Scriptures. Thereafter travelling to Rome, Pope Celestine (the same that sent Palladius to Scotland) hearing of his qualities, and how he had lived some years in Ireland, made choice of him as the fittest person to work the conversion of that people. Patrick accepting the employment, addressed himself shortly af●er to the journey, and in his way by Scotland, took with him Columba (who came afterwards to be in great esteem.) Divers upon the report of his good success, followed him thither; and ere many months passed, all the country almost was brought to embrace the profession of Christ. He was doubtless a notable person, joh. Bi●sans in descriptione Britanmae. and most worthy to be remembered; some idle and ignorant Monks have pitifully wronged his memory by their Legends. But what a singular man he was, and what pains he took to do good in his life-time; the Churches he founded, reckoned to 365. and the Priests he ordained, numbered to be three thousand, may sufficiently witness. He lived 122. years, and ended his days in the city of Down within the Province of Ulster, in the year of our Lord 491. That fabulous Purgatory (the invention whereof is falsely ascribed to him) was the device of a Monk of Glastenbury Abbey in England, who bore the same name, but was of a much later time, and lived about the year 850. For the opinion of a fiery Purgatory, in which souls are tormented after their going forth of the body, was not then known among Christians; nor did the ancient Irish believe any such matter. In our Church at the same time, Sedulius educated under Hildebert a Bishop. one Hildebert a Bishop was in great account for his learning and piety. Celius Sedulius had his education under him, a man of excellent qualities, as his works yet extant both in prose and poesy do witness: how long Hildebert lived he abode in his company, but after his death he betook himself to travel, Bal. cent. 14. Lesl. li. 4. and journeying through France and Italy, sailed unto Greece; there he wrote certain explanations upon the Epistles of St. Paul, and returned from thence to Rome, Anno 494. made his abode in that city. In a Synod gathered by Gelasius Bishop of Rome, Gratin decret. par. distrust. 15. in the year 494. one of the Canons than made touching books allowed, we read these words: Venerabilis viri Se●ulii Paschale opus quod heroicis descripsit versibus insigni lande proferimus. We esteem the Paschal work, that venerable Sedulius composed in heroic verses, worthy of singular recommendations. And even at this day in the Church of Rome, certain hymns compiled by him, are sung in the Festivals of the Nativity, and Epiphany; which showeth in what esteem he was held. Some Irish writers contend, Sedulius proved to be a Scottish man against the Irish writers. that this Sedulius was their country man born, as the like they affirm of all that were of any note in our Church in those first ages. And albeit in divers of his works he doth entitle himself Sedulius Scotigena, and that Sixtus Senensis Trithemius, Baronius, and divers others, do all witness him to be of the Scottish Nation, yet they will have him to be an Irish, because forsooth in those elder times the name of Scoti was common to the inhabitants of the greater and lesser Scotland; But this reason is naught: for granting that the countries were so distinguished of old, and that Ireland was called Scotia major, and the part of Britain which the Colony deduced from thence did inhabit, Scotia minor, whereof there is some appearance: yet that will not infer him to be an Irish more than a Scot This I trust they will not deny, that Scotland was Christian long before Ireland, and that Sedulius of whom we speak, was come to a good age before Patrick went about their conversion. Now if he had been an Irish by Nation, would not he much rather have employed his travels to instruct his country men in the truth, then have spent his time abroad among strangers? Further, I should desire these who plead so earnestly to have our men esteemed to be of their country, to name any one another worthy of credit, An. 500 that since the Scots were reduced from their exile by Fergus the second, did ever call Ireland, Scotland the greater. They will not find any of trust: Scotland a Colony deduced from Ireland. the name of Scots being long before appropriated to the Colony reduced from thence, and quite extinct among the Irish. It is true, that we oftfinde the Scots called Irishes, like as yet we term commonly our Highland-men, in regard they speak the Irish language, and retain divers of their customs. But that the Irish were called Scots, or the country of Ireland called Scotland, since they grew to be different nations, and were known to be so, I am confident will not be showed. To close this; howsoever Ireland be the Mother, and Scotland the daughter, as a reverend Prelate hath written, & we deny not: (for our first progenitors we hold came from that country) there is no reason why the sons which the daughter hath brought forth, should be reckoned the sons of another Mother, and she thereby robbed of her honour. But to our story; the condition of this Church in those times was most happy, all the care of Preachers being to win souls unto Christ; Avarice and Ambition, the two main pests of the Church, had not as yet seized upon them; so as they were held with all people in great veneration. Beda saith, that whosoever did meet them by occasion, either in the streets, or otherwise in journeying by the way, they would not depart without their blessing. And which increased greatly the felicity of the time, the Kings who then reigned, were all wise and religious. Congallus the second deserves by the rest to be mentioned; Congallus an excellent Prince. Vir ob egregias virtutes (saith Buchannan) omnium seculorum memoria dignus; Buch. in vita Congalli. Nam praeter aequitatem in jure dicundo, & animum advers●is avaritiam invictum, certabat moderatione vitae cum Monachis, qui ea aetate severissima disciplina utebantur. T'has is; he was a man for his notable virtues worthy to be had in everlasting remembrance; For besides his equity in the ministration of Justice, and the uncorrupt mind he carried, being free of all covetousness, in moderation of life he was nothing inferior to the Monks, who in that age observed a most strict discipline. This good King considering how easily people are brought to contemn Ministers, that stand in need of their supply, and that the contempt of Ministers breedeth ever contempt of Religion; did carefully provide for their necessities, appointing to them Mansion places at the Churches where they served, Tithes declared to appertain to the Church. with a competent portion of land thereto adjoining, and declaring the tenth of all corns, A law for the safety of Churchmen. fruits, herbs, and flocks, which did either produce or nourish, to appertain properly to the Church. He did further enact for the safety of their persons, That if any should happen to smite a Churchman, his hand should be cut off; and if the Churchman was killed, that the murderer should lose all his goods, and be burnt alive. For the greater reverence of Church-censures, it was likewise his ordinance, That whosoever were by the Church excommunicated, should not be admitted to stand in judgement, nor credit given to their testimony. The fame of this Kings pious disposition, Columba returneth into Scotland. Scotichron. li. 3. drew Columba back from Ireland where he had lived a long time. There came with him some twelve in company, of whom the principals were, Sibthacus and Ethernanus, his nephews by his brother, both of them Presbyters, Domitius Rutheus, and Comineus, men of excellent learning, and good behaviour, Both li. 9 who were all well accepted of the King. But of Columba he made such account, as he did nothing in any matter of importance, till he had first consulted with him. Monks placed in Monasteries. By his advice the Monks that in former times lived dispersed, were gathered into Cloisters or Colleges, and had Rules prescribed unto them: which falling afterward to be neglected, in place of religious Monks, there crept in a sort of idle-bellies that disordered all things, and made the profession which in the beginning was well devised, to be misliked and hated of all. King Congallus after a little time sickening, Columba sent to bring Aidanus the heir of the Crown from Ireland. sent Columba into Ireland to bring home Aidanus the right heir of the Kingdom,) who had fled thither after the murder of his Father Goranus) that he might possess him with the crown before his death: But ere he returned, the King was dead, and his brother Kinnatellus crowned King. This accident troubled Columba, and made him doubtful what to do; For if he should send Aidanus back, Congallus dieth to whom his brother succeedeth. he knew not how Kinnatellus would takeit; and to go on, not knowing how the King stood affected towards Aidanus, he held it dangerous. After a little debating with himself, he resolved to hold forward, and taking Aidanus in company, An. 603. did present him to the King; who against the expectation of most men, accepted him most lovingly, bidding him be of good heart, for he should in a short time inherit his father's Crown; Both li. 9 mean while because of his own age and infirmity, Buchan. l. 5. he committed to him the administration of affairs, and designed him his successor. Lesl. li. 4. After a few days Kinnatellus dying, Aidanus was crowned King, Aidanus crowned King. Columba performing the ceremonies; at which time he is said to have made a most pithy and eloquent speech, exhorting the King to the love of justice, the Nobles to the observance of Peace, the people to obedience, and them all to constancy in the Christian profession: wherewith the whole Assembly was so much affected, as by holding up their hands, they did solemnly swear to continue loyal subjects to the King, and to be obedient to him as their spiritual Pastor. The Coronation ended, Columba retired to the Isle jona. Columba retired to the Isle jona (for he loved to remain in that place) and Aidanus applying himself to order the Estate, went through the countries of Gallaway, Cathnes and Loqhaber, holding Justice-Courts in all these parts, and reforming what he found amiss. But, as no prosperity is lasting, it happened in a sport of hunting, that some Noblemen falling at discord, there was a great slaughter committed, Aidanus maketh war against the Picts. the Authors whereof fearing the severity of Law, fled to Breudeus King of the Picts, and being remanded according to the conditions of the league, were after some delays directly refused. Aidanus taking this to heart, whilst he sought to recover them by force, had his son Arthur (Buchannan calleth him Griffin) a Prince of great hopes, and Brenden his Nephew, with divers of his Nobles, Aidanus rebuked by Columba. killed. Columba grieved with this accident came to the King, and rebuked him bitterly for making war with his neighbour upon so light an occasion; wherewith he is said to be no less moved then with the loss he had received: for Columba striving to be gone, he caught him by the hand; and confessing he had been too hasty, entreated his best advice, and counsel how to repair things. But he replying that no advice could redress the harm that was done; the King burst forth into tears: Columba fell also a weeping; and after a little space, said that he would counsel him to make peace: which he was content to do at his sight. The matter moved to Brudeus, Aidanus forced to take up Arms against the Picts. he likewise agreed to remit all to Columba, who shortly after brought them to be friends. But the heartburning between the two people ceased not, which Ethelfrid King of Northumberland (a wicked and avaricious man) craftily entertained, The Picts overcome, and Aidanus getteth the victory. stirring the Picts to make fresh incursions upon the Scots, so as Aidanus was compelled to take Arms; Columba being advertised of the necessity the King was put to, gave order that private supplications should be made for his safety, and the overthrow of his enemies: which falling out according to their wishes, was generally ascribed to Columba his devotion. For as the report went, in the same hour wherein the enemies were defeated, he did call his Colleagues together, and willed them to turn their prayers into thanksgiving, for that the King had obtained the victory: yet was the place of the conflict distant from jona, where Columba lived 200. miles at least. The year following, Columba dieth in the year of our Lord, 603. which was the year of our Lord 603. Columba died being of a good age; neither did the King Aidanus long survive him. The Irish contend that Columba died in the City of Down, and was buried in St. Patrick's Tomb; and for verifying the same, Both li. 9 allege an old Distich, which was (they say) engraven upon the Tomb, and defaced only in the days of King Henry the eighth. Hi tres in Duno tumulo tumulantur in uno, Brigida, Patricius, atque Columba pius. But it carrieth no likelihood that Columba being so far in years, would make a journey into Ireland, or that Aidanus, who loved him so dearly, would suffer him to depart whilst he lived; It may be that upon some occasion his bones were translated thither, yet the pilgrimages made in superstitious times to the Isle jona for visiting his grave, do show what the received opinion was of his death and burial. Kentigern, Kentigern, or St. Mungo. commonly called St. Mungo, was famous also at this time, and one most familiar with Columba; he was the son of Thametes daughter to Loath King of Picts begotten (as was supposed) by Eugenius the third King of Scots his father not being certainly known, An. 500 posterity not being willing that his birth, whom they so greatly esteemed, Both li. 9 should be in any sort stained, gave out that he was born of a Virgin: which was believed of simple and credulous people. But the reproach which lay upon him that way, he overcame by his singular virtues; in his younger years being trusted to the education of Servanus Bishop of Orkney, he gave tokens of his rare piety; for he was in prayer more frequent than young ones are usually seen to be, Mongah in the Nourish tongue signifieth dear f●●●nd. of a spare diet, and so compassionate of the poor, as all that came in his hands he distributed among them: Servanus his Master loving him beyond others, was ordinarily wont to call him Mongah, which in the Nourish tongue, signifieth a dear friend; and this way came he to be called Mungo. After Servanus death he went to the country of Wales in England, Kentigern his journey to Wales. where living a solitary life, he founded a Monastery betwixt the Rivers of Elwid and Edwy. They write that in his Monastery there were daily entertained six hundred threescore and three persons; of which number three hundred were kept at some manual work within the Monastery; other three hundred did labour in the fields, and practise husbandry; and the rest being appointed for divine service, had the day and night divided among them, so as one company succeeding to another, there were some always in the Church, praying and praising Almighty God. Having stayed there a few years, he resigned his place to Asaph, a godly and virtuous man; and returning to Scotland, he made his abode at Glasgow, where he laid the foundation of a stately Church, and was therein at his death interred. Kentigern his austere life and death. It is affirmed that after he came to years of understanding, he did never eat flesh, nor taste wine or any strong drink; and when he went to rest, slept on the cold ground, having a stone for his pillow; and that notwithstanding he lived thus hardly, he did attain to the age of ninescore and five years. Many lying miracles have been ascribed unto him; but certainly he was a man of rare parts, and worthy to have been made a subject of truth to posterity, not of fables and fictions, as the Legends of Monks have made him. Baldred and Convallus were his disciples, Baldred and Convallus were Kentigerns disciples. and zealous preachers of the truth; the first served for the most part in Lothiaen, which as then was under the dominion of the Picts, and was so beloved and honoured in his life, as after his death the Parishes of Aldham, Tuningham, and Preston, did contend who should have his corpse to bury. Both li. 9 As they grew to some heat, the Bishop of the bounds (the story doth not express his name) intervened, Lesl. li. 4. and willed the people to defer the funeral to the next morrow, and in the mean time be earnest in prayer with God, that he would declare his will in that business. The next day they found three Coffins with as many corpses, betwixt which, no difference could be perceived; and interpreting this for a miracle, went away each of them with a Coffin, well satisfied and pleased. What policy the Bishop used in this is not known, but hereby we may see how easily people were in those times led with their teachers. The other, Convallus lived at Inchynnan some seven miles from Glasgow, and made the Oration at the funeral of King Aidanus; in which he foretold many things that came afterward to pass, touching the state of the Kingdom. There lived at this time in the Isle of jona one Convallanus who was Governor of that Monastery, Convallanus Governor of the Monastery in jona. a man of excellent holiness and learning; from under his hand as they write, Both ibidem. prodierunt examina sanctissimorum virorum; hives or multitudes of most holy men came forth. Among these are named Mornanus a Bishop, Cormachus a Presbyter, Hebred, Dunstan, jonas, Gabrianus, Gallus, and Columbanus; all famous men for their holiness of life. Gallus travelling into Switzerland was in great esteem, and having converted many to the faith of Christ, laid there the foundation of a Monastery, which was afterward greatly enriched, and to this day is called by his name St. Gall. Columbanus in Burgundy did found the Abbey of Luxeule, resolving to make his abode in these parts; but the licentiousness of King Theod●rick, whom by no means he could reclaim from his unchaste life, did enforce him to change, so that going to Italy, in the borders thereof he settled himself, and there erected the Monastery of Bobie. Neither lacked there in the female sex examples of rare piety. Brigida. Brigida, commonly S● Bride, An. 518. was above the rest renowned, both among the Scots and Picts: this woman was born in Cathnes of honourable parents, and the heir of a fair patrimony, which she voluntarily forsook, Both li. 9 that she might be consecrated to God. Divers Virgins moved by her example, did in like sort apply themselves to the solitary life; not as the Votarists that in after times rose up, for they did not bind themselves by vows to that which was not in their power, nor did they think to merit thereby at God's hands; and the chastity they professed, they kept inviolate. Did the times wherein we live afford such Virgins, so far are we from disliking that state of life, as we think it should bring a great benefit to the Kingdom. But the bondage of vows, with the opinion of merit and perfection is it we discommend, things unknown to the holy women of those primitive times. Another Brigida, or rather Brigitta, there was born in Sweden; who, as Trimethius writeth, came to Avignion in the year 1362. Brigida dieth at Abernet●●●●y ●y, to sue for the Pope's confirmation to an Order of Nuns by her invented: But our Brigida was of a much older time, and died at Abernethie in the year 518. where she was also interred. Now are we come to the time in which Augustine the Monk was sent into Britain: Anno 600. Gregory Bishop of Rome did choose this man for planting Religion among the English Saxons, Augustine the Monk sent into Britain. who had at that time subdued the Britain's, and driven them beyond Severn into narrow bounds. Beda l. 3. c. 2. At his first arrival, he converted King Ethelbert to the Christian faith, and wrought much good. But whilst he strove to conform the Britain Churches to the Roman in rites Ecclesiastic, The Britain's refuse to conform themselves to the rites of Rome. and to have himself acknowledged for the only Archbishop of Britain, he did cast the Church into a sea of troubles. After divers conferences, and much pains taken by him to persuade the Britain's unto conformity; when he could not prevail, he made offer, that if they would yield to minister Baptism, and observe Easter according to the Roman manner, and be assisting to him in reforming the Saxons, for all other things they should be left to their Ancient customs. But they refusing to make any alteration, he fell a threatening, and said, That they who would not have peace with their brethren, should find war with their enemies. This falling out as he foretold, (for Edelfrid King of Northumberland invading them with a strong Army, slew at one time 1200. Monks that were assembled to pray for the safety of their countrymen) made Augustine to be suspected of the murder, and did purchase him a great deal of hatred; whether he foreknew the practice or not, is uncertain, but shortly after the murder of these Monks, he himself died. There succeeded to him Laurentius, A letter from the Bishops of England to the Scottish Church. a Roman also, who followed the business of conformity no less earnestly, Beda l. 2. c. 4. and with his fellow Bishops, ●ellitus and justus, wrote to the Church of Scotland in this manner. Dominis charissimis, Fratribus Episcopis, & Abbatibus per universam Scotiam Laurentius, Mellitus, & Justus Episcopi, servi servorum Dei. Dum nos sedes Apostolica, more suo, sicut in universo orbe terrarum, in his occiduis partibus ad praedicandum gentibus paganis dirigeret; atque in hanc insulam, quae Britannia nu●cupatur, contigit introisse, antequam cognosceremus credentes, quòd juxta morem universalis Ecclesiae ingrederentur, in magna reverentia sanctitatis tam Britones quam Scotos venerati sumus; sed cognoscentes Britoneses, Scotos meliores putavimus; Scotos verò per Dagamum Episcopum in hanc quam suprà memor avimus Insulam, & Columbanum Abbatem in Galliis venientem, nihil discrepare à Britonibus in eorum conversatione didicimus. Nam Dagamus Episcopus ad nos veniens, non solùm cibum nobiscum, sed nec in hospitio quo vescebamur sumere voluit. In English thus: Laurence, Mellitus, and Justus Bishops, servants of all the servants of God; to our Lords and dearest brethren the Bishops and Abbots through all Scotland. while as the Apostolic See according to the custom it hath observed in the rest of the world, did send us to preach the Gospel unto the Heathen in these Western parts, and that it happened us to come into this Isle which is called Britain, we held in religious reverence both the Scots and Britain's, believing that they did walk after the custom of the universal Church. But after we had known the Britain's, we judged the Scots to be better minded; yet now we perceive by Dagamus the Bishop who is come hither, and by Columbanus the Abbot in France, that the Scots differ nothing in their observations from the Britain's; for Bishop Dagamus being here, refused not only to eat with us, but even to stay in the same Inn, or Lodging. I find no answer returned to this letter; some thirteen years after, Honorius Bishop of Rome did move the matter of new, and in his letters directed to the Church of Scotland, Honorius writeth to the Church of Scotland. exhorted them; Ne paucitatem suam in extremis terrae finibus constitutam, Beda l. 2. c. 19 sapie●tiorem antiquis, sive modernis, quae per orbem terrae erant, Christi Ecclesiis aestimarent; neve contra Paschales compu●os, & decreta Synodalia totius orbis Pontificum, aliud Pascha celebrarent. That they being a few, and seated in the utmost borders of the earth, would not think themselves more wise than the Ancient or Modern Churches of Christ through the whole world; and that they would not celebrate another Easter contrary to the Paschal counts, and Synodal decrees of the Bishops of the whole world. Pope Honorius dying, A letter from the Clergy of Rome to the Church of Scotland. Severinus that succeeded insisted for an answer, which was sent; Beda ibidem. but he also departing this life, before the same came to Rome, the Clergy there replied as follows: Dilectissimis & sanctissimis, Thomiano, Columbano, Chromano, Dimao, Bathano Episcopis; Chromano, Hermanno, Laustrano, Stellano, & Sergiano Presbyteris; Sarano, caeterísque Doctoribus seu Abbatibus Scotis: Hilaricus Archipresbyter, & servans locum sedis Apostolicae, & Johannes diaconus in nomine Dei electus, item Joannes primicerius, & servans locum sanctae sedis Apostolicae, & Joannes servus Dei, Consiliarius ejusdem sedis Apostolicae. Scripta quae latores ad sanctae memoriae Severinum adduxerunt, eo de hac luce migrante, reciproca responsa, ad ea quae postulata fuerant, siluerunt. Quibus reseratis●, ne diu tantae quaestionis caligo indiscussa remaneret, reperimus quosdam provinciae vestrae contra orthodoxam fidem novam de veteri heresin renovare conantes, Pascha nostrum in quo immolatus est Christus nebulosa caligine refutantes, et quarta decima luna cum Hebraeis celebrare nitentes. etc. Deinde exposita ratione Paschalis observantiae, de Pelagianis subdunt. Et hoc quoque cognovimus, quod virus Pelagianae haereseos apud vos denuo reviviscat: quod omnino hortamur, ut à vestris mentibus hujusmodi venenatum superstitionis facinus auferatur. Nam qualiter ipsa quoque execranda haeresis damnata est, latere vos non debet; quia non solùm per istos ducentos annos abolita est, sed & quotidiano nobis anathemate sepulta damnatur; & hortamur, ne quorum arma combusta sunt, apud vos eorum cineres suscitentur, That is, Hilarius the Archbishop conservator of the privileges of the Apostolic See, and john the Deacon in the name of God elect of the same See; likewise john the pronotary and conservator of the said privileges, and john the servant of God, Counsellor of the Apostolic See; to our best beloved and most holy Bishops, Thomianus, Columbanus, Chromanus, Dimaus, and Bathanus; and to the Presbyters, Chromanus, Hermannus, Laustranus, Stellanus, and Serganus; also to Saranus, and the rest of the Doctors or Abbots of Scotland. The letters which were brought unto Pope Severinus of blessed memory, have to this time received no answer, by reason of his decease; We having now unsealed them, lest questions of such consequence should be too long unsatisfied, do perceive some of your Province to be renewing an old heresy, against the Orthodox faith, and ignorantly refuse to celebrate our Easter, in which Christ was offered, observing the fourteench Moon, after the manner of the Hebrews. Then showing how, and when Easter should be observed, they subjoin touching the Pelagians these words: We further understand that the poison of Pelagian heresy is again breaking out among you; wherefore we exhort you to beware, and to keep your minds free of that venomous superstition; for ye should not be ignorant how that execrable heresy is condemned's and by us every day anathematised; notwithstanding that two hundred years since the same hath been abolished: therefore we beseech you not to stir the ashes of those who have had their Arms once burnt and consumed. Beda setting down this letter saith, Beda his judgement of the letter. that it was full of learning and contained evident proofs that Easter should be kept upon the Sunday which falleth betwixt the 15. and 21. of the Moon; Whereas it was the custom of the Scots Church to keep it upon the Sunday falling betwixt the 14, and 20. which he calleth an heresy, and taketh our Church to have been newly infected therewith; neither yet the whole Church, but some certain in it only. But in this last he doth not agree with himself; for speaking afterwards of Bishop Aidan, he thus excuses his disconformity with Rome in the keeping of Easter, quòd suae gentis authoritate devictus, that he was overcome with the authority of his own Nation, & contra morem e●rum qui ipsum miserant facere non potuit, and could not keep Easter contrary to the custom of them who had sent him. So he ackowledgeth it to have been the custom of the Scots Church, and not of a certain in it only. And whereas he says that it was an error, or heresy newly sprung up, he greatly mistaketh; for in the contention about the keeping of Easter, which grew afterwards very hot, we shall hear them plead the Antiquity of their custom, and derive it from the very first times of the Church. But that we may know how this contention grew, and who they were that withstood the alteration desired, we must make a little digression. The Saxons having overcome the Britain's, and brought the country of England to an Heptarchy by the partition they made of it, Buchan. l. 5. were never quiet, encroaching still one upon another's state, Both li. 9 till at last one got all. Ethelfrid King of Northumberland the mightiest of the whole, Lesl. li. 4. after he had reigned 22. years with great avarice and cruelty, was killed by Redwald King of the East Angles, and Edwin (whom he had expelled) placed in his room this Ethelfrid left behind him seven sons: Eufred, or Eanfred, Oswald, Ossaus, Oswin, Offas, Osmond, Osik, or Osrick, and one daughter named Ebba, Buchan. l. 9 who upon their father's death fled into Scotland, and were liberally entertained by King Eugenius the fourth, notwithstanding the enmity betwixt him and their father whilst he lived. Eighteen years they remained in Scotland exiled from their country, and were by the care of the same Eugenius instructed in the knowledge of Christ, and baptised. Edwin being killed in the 17. of his Reign by Penda King of Mercia, they returned all home, Ebba only excepted, who remained still in Scotland. The successor of Edwin named Osrick, parting the Kingdom with Eufred, the eldest son of Ethelfrid, was made King of the Deirians, and Eufred King of this Bernicians; these two turning Apostates, and forsaking the Christian profession, which they had once embraced, were the summer following deprived both of their lives and Kingdoms. Oswald the second son of Ethelfrid did upon their deaths succeed in both the Kingdoms, Beda l. 3. c. 5. a noble and virtuous Prince, whose chief study was to promore Christian Religion. To this effect he sent his Ambassadors unto Donald the fourth then reigning in Scotland, and entreated him by the old familiarity that had been among them, Cormanus sent into Northumberland. to help him with some worthy and learned man, that could instruct his people in the faith of Christ. The King recommending the matter to the Clergy, one Cormanus was elected to go thither. But his labours proving unprofitable, he returned about the end of the year, and in a Synod of the Bishops and Clergy, informed that they were a people indocile, and froward, that the pains taken upon them were lost, they neither being desirous nor capable of instruction. It grieved the Synod exceedingly to hear this, and while they were consulting what to do, Aidaus scent for the conversion of Northumberland. Aidanus a learned man and reverend preacher, is said to have advised them not to give over the work at any hands, for that the bad success of Cormanus labours might possibly proceed from himself, that had not used the people tenderly, nor according to the Apostles rule, fed them at first with milk; and therefore desired some other approved man might be employed of new, who would possibly do good among them. This opinion allowed by all, none was thought fitter for this service than he who had given the advice, Aidanus ordained Bishop, and sent into Northumberland. and so with common consent was Aidan ordained Bishop, and appointed to that charge. Being come thither, he set himself to amend the fault which he supposed Corman had committed, and so tempered his doctrine, as multitudes of people daily did resort unto him to be instructed. It was a great hindrance unto him at first that he was not skilled in the Saxon tongue, neither did the people understand his language; but this defect the King himself supplied, interpreting to the auditory all that Aidanus delivered in his Sermons. So by the King's zeal and Aidanus his diligence, such numbers were brought to the Christian profession, as in the space of seven days ●ifteen thousand persons were by him baptised. Whether this people was more happy in their King, The virtues of King Oswald. or in this Bishop, it is difficil to say. For the King; he did so excel in piety and prudence, that, as Beda writes, all the Nations and Provinces within Britain, were ●t his devotion; and not the less, his heart was never lifted up within him, An. 651. but still he showed himself courteous and affable, and of the poor most compassionate. Among examples of his liberality towards these, the same Beda relateth, That sitting at Table on Easter day, and Aidanus by him, when it was told that a number of poor men were at the gate expecting his Alms; he commanded to carry the meat that was set before him unto them, and the platter of silver wherein it was, to be broke in pieces, and distributed among them. Aidanus beholding it, took the King by the right hand, and kissing it, said, Nunquam marcescat haec manus, never let this hand consume or wither. Which, as he writeth, came also to pass. For being killed in battle, and his arm and his hand cut off, the same was enclosed in a silver shrine, and remained for many years uncorrupted, in the Church of St. Peter at Bamborough. This and the other miracles he reporteth, I leave upon the credit of the writer, who is too lavish oftentimes in such fables and fictions. As to Aidanus, The commendation of the Bishop Aidanus. he was an ensample of abstinence, sobriety, chastity, charity, and all other Episcopal virtues; for as he taught, so he lived, was idle at no time, nor did he admit any of his retinue to be so, but kept them in a continual exercise, either reading Scripture, or learning the Psalms of David by heart. If he was invited to any feast (as rarely he went) he made no stay, but after a little refreshment taken, got himself away. In preaching he was most diligent, travailing through the country, for the greater part on foot, and instructing the people, wheresoever he came. In a word, he was deficient in no duty required of a good Pastor; and having governed the Church in those parts most happily the space of 17. years, died in the Isle of Lindisfarne (now called Holy-Island) the place he choosed for his residence; where he was also buried. After his death, Finnanus succeeded Aidanus. which happened in the year 651. Finnanus was ordained Bishop, and sent to the Northumber's from Scotland: he followed his predecessor in all, and was greatly troubled by Romanus, or Conanus (as other name him) about the observing of Easter. This Conanus born in Scotland, had lived some years beyond Sea, and was much taken by the Roman rites; for advancing whereof (so zealous he was that way) he left his station in Kent, and coming to Northumberland, did challenge the Bishop to a dispute. The Bishop answering, that he would not refuse to dispute, but to admit an alteration in Church rites, whilst he lived, he would not; the dispute ceased, and so for the time that he sat Bishop, Easter was celebrated after the ancient manner of the Scots: Finnanus in the mean time applying himself to better exercise, did work the conversion of the East-Saxons, and Mercians. For having baptised Penda the Prince of Mercia, he sent with him four preachers, who reform all that part of the country. Divina, or Duina a Scottish man was one of those preachers, and consecrated Bishop of Finnan in the year 656. In the catalogue of the Bishops of Lichfield, I find him first placed. There succeeded to him, Kellach a Scottish man also; but he renouncing his charge because of the contentions that arose, returned to his country. Now Finnan having governed the Churches of Northumberland the space of ten years, Finnan dieth, to whom Colman succeeded. died in Lindisfarne, and was buried in a Church which he himself had there erected: so great was the affection of these Northumber's to these preceding Bishops, as they would accept of none other but a Scottish man. Whereupon Colman was brought, The controversy about Easter wakened. and placed in that See. In his time the controversy of Easter was again wakened, and more hotly followed then before; great dealing there was to work him to a conformity, but he would not forsake the course that his predecessors had kept. After divers conferences a public dispute was in end condescended to, A dispute for the time of Easter. for deciding the question. The place was chosen at Whitby, (Beda calleth it Sternshalt) a Religious house in Yorkshire, whereof Hilda a learned and devout woman was Abbess; she was a professed adversary to all the rites of Rome, especially Clerical tonsure; which made Colman more willingly to agree unto the meeting. Oswy King of Northumber's, with Elfred his son, were present in person, and many Ecclesiastic men of all degrees. The reasoners were Colman on the one part, who was assisted by the Scottish Clergy, and Hilda the Abbess. On the other part, Agilbert a Frenchman born, Bishop of the East Saxons, Wilfrid and Agath. Presbyters, with jacob and Romans, two learned men. Cedda lately consecrated a Bishop by the Scots was choosed to be part is utriusque interpres, that is (as I take it) the Recorder of all that should be spoken by either party, or enacted in that conference, and meeting. The King himself did incline to Colman, but his son favoured the other party, for that Wilfrid had been his Tutor. When all were placed in their seats, Os●py King of Nu●thimbers his speech to the di●puters. the King using a short speech, said, That it was meet, they who served one God, and looked to be heirs of one Kingdom in the heavens, should keep one rule, and form, and not vary in their rites and ceremonies: Therefore desired, seeing they were come together for composing of differences, especially touching the celebration of Easter, that they should calmly inquire what was the most ancient and best form, to the effect all might observe and follow the same. Then turning towards Colman, Colman his reasons for the observing of Easter after the Scottish manner he willed him to deliver his opinion, and reasons; who answered, as followeth. The Easter which I observe, I received from my elders, who did send me hither, and ordained me Bishop; all our forefathers, men beloved of God, are known to have celebrated Easter in the same manner that I do; and if any think light of this, the blessed Evangelist St. john, the disciple whom our Lord especially loved, with all the Churches whereof he had the oversight, observed the same, which to us is a warrant sufficient. Agilbert being desired next to declare his mind, ●ilfrid his rep●y to Colman. excused himself by the want of the English tongue, entreating the King the Wilfrid might be allowed to answer for them all; which granted, Wilfrid began in this sort: The Easter which we keep, we have seen observed at Rome, where the holy Apostles Peter and Paul did preach, and suffered Martyrdom. As we traveled through France and Italy, we saw the same order every where kept, and by relation we hear, that the Churches of afric, Asia, Egypt, Greece, and to be short, the whole Christi●n world doth observe the same time: only these men and their followers, the Britain's and Picts, with some remote Islands, and not all these neither do foolishly contend in this point against the whole world. Here Colman interrupting his speech, Colman interrupteth wilfrid for calling their observation foolish. said, It is a marvel you should call our doing foolish, seeing we follow the ensample of that great Apostle who was held worthy to lie in the Lord's bosom, and is known to have lived most wisely. Wilfrid replying, Wilfrid excusing himself, persisteth in his reply. said, far be it from me to charge S●. john with folly; he observed the rites of Moses Law, according to the letter, the Church as yet judiazing in many things, and the Apostles not being able to abdicate upon the sudden the whole observations of the Law which God had ordained; for this cause did S●. Paul circumcise Timothy, offer sacrifices in the Temple, and shave his head at Corinth, with Aquila and Priscilla; which things he did only to eschew the offence of the Jews. In this consideration, S●. james said to the Apostle St. Paul, Thou seest brother that many thousands of the Jews do believe, yet are they all zealous followers of the law. But the light of the Gospel now shining throughout the world, it is not lawful for a Christian to be circumcised, or to offer carnal sacrifices unto God. Thus S. john keeping the custom of the law, began the celebration of Easter upon the 14. day of the first month, at evening, not caring whether it fell upon the Sabbath day, or any other day of the week: But S●. Peter preaching at Rome, when he considered that the Lord did rise from the death on the first day after the Sabbath, thought good to institute Easter on that day. And that this is the true Easter to be observed by all Christians, it is clear by the Nicene Council, which did ratify and confirm the same by their decree. But you neither follow the example of St. john, nor St. Peter, nor doth your celebration of Easter agree either with the Law o● Gospel; for St. john observing it according to the Law, had no respect to the first day after the Sabbath, whereas you keep not Easter but on the first of the Sabbath; Saint Peter did celebrate Easter from the 15. of the Moon to the 21. which you do not; for you keep Easter from the 14. to the 20. day, and often you begin Easter on the 13. day at night, whereof the Law maketh to mention, neither did our Lord the author of the Gospel eat the Passover on the 13. day, but upon the 14. at night, and at the same time he did celebrate the Sacrament of the New Testament in remembrance of his death and passion; So, as I have said, you neither agree with Law, nor Gospel, with St. john, nor with St. Peter, in the celebration of the greatest festivity. To this Colman answered; Colman his answer. And did Anatholius then, who in the Ecclesiastic history is so highly commended, go against both the Law and the Gospel, when as he said that Easter ought to be kept from the 13. day to the 20? or shall we think our most reverend father Columba, and his successors who were all dear unto God, did transgress in observing Easter after that manner? They were men of great piety and virtue, and their miracles have declared; and I making no doubt of their holiness, will endeavour to follow their order and discipline. Then said Wilfrid, Wilfrid his reply. It is known that Anatholius was a godly and learned man; but what have you to do with him, that observe not his customs? for he followed the true rule of keeping Easter, and observed the circle of 19 years, which either you know not, or if you do, ye set at nought, although the same be observed in the universal Church of Christ; he did so account the 14. day as he acknowledged the same to be the 15. at night after the manner of the Egyptians, and so the 20. day he believed to be the 21. in the evening; which distinction you know not, as appears by this, that sometimes you keep Easter on the 13. day before the full Moon. As to your father Columba and his followers, whose rule and precepts confirmed by miracles, you confess to follow, I may answer, That in the day of judgement the Lord will say to many that prophesied in his name, did cast out devils, and wrought other miracles, I know you not. But God forbid I should speak this of your fathers, seeing it is better to believe good of those we know not, then ill. Therefore I will not deny them to have been the servants of God and be loved of him, seeing they served God with good intent, though in simplicity. Neither do I think the order they keep in Easter did hurt them much, so long as they had none among them, that could show the right observation thereof; If the truth had been showed them, I doubt not they would have followed the same, as well in this matter, as in others which they knew. But if you and your associates should refuse the decrees of the Apostolic Sea, or rather of the whole Church allowed by holy Scripture: now after you have heard the same, without all question you sin heavily. Howbeit your fathers were holy men, you must not think that a few dwelling in a corner of a remote Isle, are to be preferred to the universal Church of Christ. And if Columba your Father, yea and ours also if he was of Christ; was mighty in miracles, yet is he not to be equalled to the Prince of the holy Apostles, unto whom the Lord said, Thou art Peter, and upon this rock will I build my Church, against which; the gates of hell shall not prevail; and will give unto the keys of the kingdom of heaven. The King who had harkened diligently unto all which they spoke, The King determineth the question. taking hold of these last words, asked Colman if it was so, that the Lord had spoken these words unto Peter; he answered, that it was truth: And can you show, says he, that the like authority was given to your Father Columba? Colman answered, Not. Then said the King, Do both agree in this, that these words were spoken to St. Peter, and that the Keys of the kingdom of heaven were given to him: They answered that they did. Then said he, Seeing St. Peter is the dorekeeper of heaven; I will follow his rule in every thing, lest when I come to heaven's gates, the doors shall be shut against me. These speeches of the King, full of simplicity, were seconded with the acclamations of many of the hearers, and the victory adjudged to the adversaries of Colman. But he nothing moved therewith, Colman resigneth his place. retained still his opinion, and would not change; yet fearing that some trouble might arise, if he should make longer stay in those parts, he resigned his Bishopric, in which one Tuda a Scottishman succeeded, who was content to submit himself to the Roman observation of Easter, and to receive the Clerical tonsure, but he lived not one whole year, and died of the Plague. Colman returning into Scotland was welcomed by his countrymen; for he was in great esteem, and bore no small authority, both in the Church and State, before he went into England; Colman returneth into Scotland. Buchan. l. 5. as appeared in the insurrection made against King Ferqhard: the Nobility having consulted to depose him from his Kingdom for the detestable cruelties he had committed, by Colman his authority they were only kept back, who told them, That the punishment of Kings belonged to God, and that he ere it were long would take vengeanee of his wickedness: which as he foretold came to pass; for the King after a few days being at hunting, happened to be bitten by a Wolf, and falling into a fever, such a putrefaction ensued in his body, that out of every part there issued abundance of louse, and vermin, which made him abhorred of all men. Languishing in this consumption a long space, and touched with a bitter remorse for his wicked life, he sent for Colman, to whom he expressed a great sorrow for the ill life he had led, entreating the help of his prayers, and to testify his humiliation, would needs be carried forth to the next fields wrapped in sackcloth; where after an open confession made of his wickedness, he was absolved by Colman, and shortly after yielded up the ghost. The memory of this, which was yet fresh in the minds of people, together with the report of his constancy (for so it was interpreted) did purchase unto him great love and reputation; but he making short stay at home, went soon after into Ireland, where he built a Monastery for the English and Scots that followed him thither. They not well agreeing, he bought a piece of ground and founded a religious house for the English apart. Bishop Lesly in his Chronicle writeth, that after this he passed into Germany, and having traveled through Boheme, Hungary, and a great part of Greece, as he returned by Austria, he was killed by some Pagans in those parts: for this he citeth johannes Stabius the Historiographer of Maximilian the first. But whatsoever became of him, he was certainly a man of great integrity, and therefore much respected of all men. After this time we find a continual declining in the Church; A declining in the Church by the dissensions that grew in the same. for the decision taken in that conference of Whitby, touching the controversy of Easter, increased the dissension, and put all out of frame; they that were in place urging the rites more strictly than was convenient, and others choosing rather to quit their places, then to give way unto them. Theodorus then Archbishop of Canterbury, is blamed for exercisiug the authority of his place too peremptorily about these things, Godwin de Praesulibus Angliae. and forcing the British Bishops to conform themselves; Wilfrid Archbishop of York, dealing in like sort with the Scottish preachers, that had planted the Gospel among the English, thrust them all from their places. Name optione data, maluerunt loco cedere, Buchan. lib. 5. quam Pascha Catholicum caeterósque ritus canonicos Romanae Ecclesiae recipere; It being given to their option, whether they would stay and admit the observation of Easter, and other rites of the Church of Rome, they made choice to leave their places and depart. The Clergy at home became also divided: for Adamannus or Adamnanus a Bishop, who had been Tutor to Eugenius the sixth, being sent in Ambassage to Alfrid King of Northumberland, fell in such a liking of the rites he saw there used, as at his return he became an earnest persuader of his countrymen to receive them, and prevailed with many. Yet the Monks of jona, whose governor he had sometimes been, did strongly oppose; others that loved not to be contentious, retired themselves; among whom Disybodius, and Levinus are said to have been two: Disybodius going into Germany lived a Monk in the Abbey of Fulden many years. Adamannus, Adamannus a Bishop. whom even now I named, is much commended for the care he took to keep the Picts and Scots in peace, which albeit he did not effect according to his desire (for they were ever making incursions one against another) yet so far he prevailed, as during his life no public war arose amongst them. To bind the two people in friendship, he was a means to make Eugenius the seventh take to wife Spondana daughter to Granard King of Picts; but she not long after being killed as she lay in bed, by two Athol men, that had conspired to kill the King, and were mistaken in the execution; the friendship contracted had almost turned into deadly enmity, because of a rumour that went, that she was made away by the King's knowledge. The Picts complaining of the injury done to their blood, and many of the subjects apprehending it to be the Kings own fact, An. 689. he was forced, with some indignity to his person, to plead his innocency in a Parliament called to that purpose. It happened that in the mean time the murderers were discovered and taken, and by the punishment they suffered, the King's innocency was sufficiently cleared; wherewith he not contented, would needs be avenged of his subjects that had called his name in question. This raised a great stir, and had doubtless burst forth in a civil war, if Adamannus by his wisdom had not mitigated the King, and wrought the subjects reconcilement. Beda speaking of this Adamannus saith, that he was Vir ●nitatis & pacis studiosissimus, a man most careful to preserve unity and peace: And indeed he showed as much; for having the favour of the King, although he stood divided in opinion from his brethren, he never moved him to use his authority in these matters, as easily he might have done, judging as he did rightly, uniformity to be a work of time, and that constraint and violence are not the means to bring it to pass. Chilianus, Chilianus: or Kilianus, a man of great learning, taking a contrary course, fell into the dislike of many, for his too great forwardness in advancing the Romish ceremonies, and out of indignation conceived against those that maligned him, left his place, betaking himself to travel with C●lonatus, or Columbanus, a Presbyter, and Theotrianus a Deacon. After a view taken of England, and France, he took journey into Germany, and coming to Herbipolis, now called W●rtsburg, where one Gosbertus governed as Deputy to Theodorick king of France, he was informed that the Governor had lately taken Geilana his brother's widow to wife; which he esteeming a great wickedness, and not to be endured where Christianity was professed; he went to Rome, and meaned the matter to Pope Conon; who liking well the zeal of the man, did consecrate him Bishop of Wirtsburg, and sent him back thither. At his return showing the Governor what an unlawful match he had made, he laboured earnestly to have him dimit Geilana, and was in likelihood to prevail: whereupon the malicious woman having conduced some murderers to make him away, both he and his two companions were strangled in their Chambers; and lest the fact should be disclosed, their bodies, books and vestments, were all hidden under the ground. But God who never suffereth murder to be long concealed, brought the same shortly after to light, by the means of one of her maids. Baron. in an●● 689. Whereupon Burchardus his successor made the corpses to be raised, and laid in the great Church of the City, with these verses appended nigh unto their Sepulchre. Hi sunt, Herbipolis, qui te docuere Magistri, Qua verum coleres religione Deum. Impia quos tandem jussit Geilana necari, Celauítque sub hunc corporacaesa locum. Ne turpi, sine laude, situ defossa jacerent Corpora, Burchardus sub monumenta locat. But to proceed; as it falleth out commonly at such times, Baron. in anno 632. there were not a few that upon hope to raise their fortunes, and gain preferment, were after this, still gadding to Rome. Baronius telleth us in his Annals of two of our countrymen, Wiro and Plechelmus, that came to Rome to visit, as he speaketh, Limina Apostolorum. Wiro he saith had been earnestly entreated to accept the charge of a Bishop, but it being a custom in the Scottish Church first to elect their Bishops, Wiro and Plechelmus consecrated Bishops by Pope Honorius. then to send them to Rome for seeking confirmation; he took this occasion to visit the holy City. But by the Cardinal's leave, our Church had no such custom before that time, nor will it be showed that before these two, any did go to Rome, either to be consecrated, or confirmed. They indeed obtained what they sought, and were consecrated by Pope Honorius, who used them with much respect; that upon the report they should make, others should be alured to keep the same course. Wiro returning, made an ample discourse of their entertainment, and incited many to try the same way, yet made no long stay at home; for we find him shortly after turn Confessor to King Pipin, with whom he found such favour as he did build a Monastery in Franconia to the memory of St. Peter; An. 697. and retiring thither in his age, did there end his days. What became of Plechelmus I read not, only I find both him and Wiro present at a Synod in Utrecht, A Synod at utrect. called by Pope Sergius in the year 697. and in the Records, Plechelmus styled Episcopus candidae casae. There came about the same time into Scotland, Bonifacius an Italian came into Scotland. an Italian named Bonifacius, a grave and venerable person as he described, and was judged by the vulgar sort to be the Pope; some hath written that he was elected successor to Gregory the great, but declined the charge out of a desire to promove religion in these Northern parts. I rather think he came hither to confirm our acquaintance with the Roman Church. As ever that was, for the pains he took in preaching the Gospel, and the Churches he erected in this Kingdom, he deserveth of us an honourable remembrance. For landing in the River of Tay at the mouth of a little water that divided the countries of Angus and Mermis, he there built a Church to the memory of St. Peter the Apostle, another not far from thence, he built at Telin, and a third at Restennoth; and having finished these works, he did visit the countries of Marre, Bughan, Murray, and Bogieland, preaching the Gospel whithersoever he came, neither did he rest till he came to the country of Ross, and choosing Rosmarkie for the place of his residence; erected there a Church, where after his death he was buried. Molochus a learned Bishop of his country, taking delight in his company, followed him in all these ways; and that he should not be separate from him in death, gave order that he should be interred in the same Church and near unto Boniface; for he outlived him many years, and died in the 94. of his age, his bones were afterwards translated to Lismore in Argile, because of his labours employed in reforming that Church. Whether or not I should mention among these, Bonifacius made Archbishop of Mentz. that Boniface who was by Gregory the second preferred to be Bishop of Mentz, I know not, so many writers affirming him to have been born in England; but of what country soever he was, none did ever adventure more for the Pope than he did; for he is said to have brought the Bavarians, Thuringians, Hessians, and a great part of Germany more, to submit themselves in all matters Ecclesiastic to the See of Rome; yet was he therein greatly opposed (besides some Germans) by two of the Scottish Nation, Clemens and Samson, who at the time remained in those parts. These did openly in their Sermons inveigh against him as a corrupter of Christian doctrine, charging him, First, for that he studied to win men to the subjection of the Pope, and not to the obedience of Christ. 2. That he laboured to establish a sovereign authority in the Pope his person, as if he were only the successor of the Apostles, whereas all Bishops are their successors as well as he. 3. That he went about the abolishing of Priests marriage, and extolled the single life beyond measure; and, 4. That he caused Masses to be said for the dead, erected Images in Churches, and introduced diver rites unknown to the ancient Church. For this Clemens in a Council holden at Rome, was excommunicated and condemned for an heretic, The sentence is to be seen in the third Tome of the Counsels, wherein none of these particulars is mentioned, but other false aspersions are cast upon his fame, as hath been the custom of handling those, that oppose the corruption of the Roman Church. Bonifacius always going on in his course, and seeking to make the like reformation amongst the Frizons, was with 54. of his followers killed in the 64. year of his age, and hath therefore a chief place in the Roman martyrology. But this did so little terrify others, as about the same time certain Scottish Monks, did adventure upon the Saxons, to bring them under the Pope's obedience; Palto, Tanco, Korvila, and Haruchus, (so they name them) being consecrated Bishops of Verden in Saxony, one after another, did all of them lay down their lives in that quarrel; Quasi exoptante● coronam Matyrii, says Bal●us; longing for the Crown of Martyrdom, and counting it their glory to suffer in the Bishop of Rome his cause. Nor were they Monks only that were so given, but even of the Bishops, Sedulus and Pergustus were vehemently set that way, and having assisted in a Synod called at Rome, by Gregory the second, in the year 721. (as their subscriptions extant in the books of Counsels do testify) after their return, made great disturbance in the Church for the erecting of Images, and put divers preachers from their livings for resisting that course. In all this time, which is not a little to be admired, the Eremitical life was in such esteem, not with Clergymen alone, but with the greatest Nobles and Princes, that they forsaking their honours and dignities, betook themselves thereto, as the most contented and desirarable sort of life. Of these last our stories do name Drostanus, the Uncle, or as others say, the Nephew of King Aidanus; Prince Fiacre, the second son of Eugenius the fourth, and Florentius a Gentleman of honourable birth and estate, who did all, nigh at one time, sequester themselves from the world, not out of any grief or discontent, whereof they had no cause, but upon a mere apprehension of the vanity of worldly greatness. The story of Fiacre. The story of Fiacre, as Both rehearseth it, is especially memorable. This Prince being committed to the education of Conanus Bishop of Man, after he came to some years, did steal away privately to France, and his intention being discovered to Pharo, Bishop of Meaux, he had by his gift a little Cell in a solitary place appointed for him. There separating himself from all company he spent his time wholly in prayer and divine contemplation. It happened after a little time, his elder brother King Ferquhard to be deposed for his Tyrannical government; whereupon Commissioners were sent to recall him as being the next heir of the Kingdom. He getting intelligence of their coming, did betake him to his prayers, and with many tears besought God to confirm his mind in the resolution he had taken, and divert them by some means from disturbing his rest: So as when they came unto him, he appeared unto them leprous; looked so deformed, as they were amazed to behold him; but they (notwithstanding this, did not judge him unfit for government) resolved to deliver their Commission, entreating him to return to his country, where he would find the air more healthful, and in a short time by the help of Physicians recover his health. Fiacre at first excusing himself by his infirmity, when he perceived them insist for his return, and relinquishing that sort of life; did cut them off with this answer: I have, said he, made choice of this condition of life, which you see, and am contented with this little Cell for my dwelling, these garments (pointing to his apparel) serve me for clothing, and my food is a simple pottage of herbs, which I dress to myself; more I desire not, nor would I change this state of life with the most fortunate King in the world. I seem to you deformed, yet is my body sound, and my blood uncorrupted, but it is the will of God I should look so, that I may be kept humble, and learn to amend my life. Go you therefore home and show my brother and the Noblemen that sent you hither, that I live content in this private manner, and will not change it with any state whatsoever; and from me, desire them to serve God purely, to live justly, and entertain peace among themselves: which if they do, they shall be always victorious over their enemies. This said, he withdrew himself into his Cell, and they finding that there was no means to prevail with him, departed. The Commissioners at their return making report of that they had seen, and his resolution; his only sister Syra was so much moved with it, as taking with her some Virgins in company, she went to visit him, and after some conference rendered self and those that came with her religious in the city of Meaux. This Fiacre is the same, to whose memory divers Churches in France are dedicated, and is said to have died in the year 665. Florentius (whom I named) taking the like resolution went into Germany, Bal. cent. 14. and in the country of Alsatia upon the River Hasel, built a little Chapel for his private use, where he lived, retired from all company, and purchased to himself great reputation. It happened Rathildis the daughter of Dagobert King of France to fall sick in the time, of a disease that deprived her both of sight and speech, and being recommended to Florentius prayers, she within a little while recovered. Whereupon King Dagobert did build a magnific Abbey, called yet The Abbey of Haselah, and committed the Government thereof to Florentius. There was difficulty enough to win him from his solitary life, yet so earnest were the solicitations used unto him, that in end he yielded, and was after that made Bishop of Strasburg, upon the death of Rotharius. Twelve years he governed that See most wisely, giving proof of his virtue, and worth, as well in the active, as contemplative life. Before his death he founded a Monastery for Scottish men at the river Bruschius in Alsatia, and placed therein Argobastus, Theodotus, and Hidolphus, who had accompanied him from Scotland, his body according as he directed, was there interred after his death. Never did this country abound more in learned men, then at this time; our writers speak of Mocharius, Glacianus, and Gervadius, Bishops of great reputation: they name likewise Divinicus, Conganus, Dunstanus, Medanus, and Modanus, as famous men all for their piety and learning. But they that King Achaius sent to Charles the Great, upon his earnest entreaty, did excel all the rest; johannes Scotus, Claudius Clemens, Rabanus Maurus, and Flaccus Albinus, otherwise called Alcuinus; these four he sent with Prince Gulielme his brother into France, at the time of the league made with that people, which to this day remaineth inviolate: and by them it was, that the University of Paris was first founded. The Universities of Paris, and Pavia, founded by Scottish men. Scotus after he had stayed some years at Paris, was employed by the same Charles for founding an University at Pavia, and was in great respect with all (the Roman Church excepted) who could unto away with the liberty he used in his reproofs of the errors then springing up: his Treatise of the Eucharist, a pious and learned work, was by Pope Leo the ninth condemned in Synodo Vercellensi in the year 1030. long after his death. Claudius' Clemens was afterwards preferred to the Bishopric of Auxew, where he lived to his death in great esteem. Alcuin, Alcuin. commonly held to be Charles the Great his Master, was made his Eleemosynar, and lived in special credit with him. The book that came forth under Charles his name against Images, was thought to be penned by him; for he was a man of great learning, as the many books left by him to posterity do show. Ubique pius, ubique doctus, says Balaeus, succinctus, gravis, & ante multos alios praecipuè dignus, qui in manibus hominum habeatur. The English writers will have him born in their country, not far from the city of York; To which I only say, that the English at that time, being adversaries to the French and Scots, speaking of them as common enemies to both people; it is not probable, if he had been of the English Nation, that he would be so inward with Charles the Great. Rabanus Maurus was his Auditor many years, Rabanus Maurus. and under his hand grew to such perfection of learning, that it is said, Quòd nec Italia similem, nec Germania aequalem peperit; That neither did Italy breed his like, nor Germany his equal; Tantam viri eruditionem, says Bruschius, omnes Bibliothecae nobis commendant; & quantum ingenio valuerit, edita ab eo valumina demonstrant. Bibliothecam enim Fuldensem tanta librorum multitudine lacupletavit, ut dinumerari vix queant. All Bibliotheques do witness the rare erudition of that man, and what a fertile ingeny he had, the volumes published by him do show. The Library of Fulden he enriched with such multitudes of Books as can scarce be numbered. And certainly who shall but read the catalogue of his works, will wonder how any one man should in his life have penned so much, and upon so divers subjects; for besides that he did illustrate the whole Books of Scripture with his Expositions, he left a number of profitable tractates in every Science to posterity. After Clemens was gone from Paris, he continued in the University some years; and being made Abbot of Fulden, upon a displeasure he conceived against the Monks, he went to the Court of Ludovicus the Emperor, where he had not long attended, when upon the death of Otgarius Archbishop of Mentz, he was elected to the government of that See. Ten years he ●ate Bishop having no opposition made to him, nor to his doctrine, though he taught no other than what is with us in these times taught and professed; as in his work● yet extant may be seen. In this reckoning we must not forget our countryman Maidulphus Scotus, Maidulphus Scotus. Camden's Antiquities. who was of great fame in these days, for his skill in training up the youth in letters, and kept a public school at Caerbladon in Wiltshire, there being as yet no University in England: he also is said to have been a strong defender of the Bishop of Rome his authority, and placed in that part by Eleutherius Bishop of the West Saxons, for withstanding the British Doctors that opposed the Roman rites. After some time bestowed that way, embracing the Monastical life, he erected an Abbey at Malmsbury, which Aldelin his disciple and successor did much increase: and from him it is thought that Malmsbury took the name, An. 800. being at first called Maidulphsbury, or Maidulps city. We are now at the 800. year, War's renewed between the Scots and the Picts. or thereabout, when as the wars were renewed betwixt the Scots and the Picts, which brought in end the utter subversion of that people; I mean the Picts. Their Kingdom had continued near 1200. years, under the Reign of 65. Kings, and was fortunate enough till the days of King Feredeth; who I know not by what ill counsel bore an heavy hand upon the Church, and made spoil of her rents, especially of the ornaments bestowed by his predecessor King Hungus upon the Church of St. Andrews: the occasion of these troubles I shall briefly set down after I have remembered the magnificence of Prince Gulielme, which ought never to be forgotten. Religious houses founded by Prince Gulielm. After the league contracted with France, which he was sent to ratify, he followed Charles the Great in all his wars, performing notable services, especially in Italy, where he was made Lieutenant for the King; upon the end of the wars, being grown in age, he went to Germany, resolving to bestow his means (which were very great) in founding religious houses, which he did at Coleyn, Both li. 10. Frankford, Vienna, Herford, Luneburg, Wirtsburg, Muleren, and Ratisbone: fifteen Abbeys and Hospitals they reckon, founded by him; some in Italy, but the most part in Germany: all which he endowed with a reasonable proportion of lands and rents, but with this Proviso, that none should be admitted therein but Scottish men born. This for many years according to his appointment was observed, and even at this time, notwithstanding the manifold alterations that have happened, there be some of these foundations that are no ways changed from their first institution. They also may possibly decay, yet the magnificence of that Noble Prince, shall ever be recorded to his everlasting honour. And now to the occasion of these troubles I mentioned; Hungus King of Picts supplied by Achaius' King of Scots. There reigned in the time of King Achaius amongst the Picts, Hungus a Prince well inclined, and a great lover of Religion and Justice. Athelstane King of the West Saxons, having usurped upon divers of his neighbours, and enlarged his Kingdom by subduing the Northumber's, did likewise invade the Picts, intending the conquest of that part of their Kingdom, which lay next unto his. Hungus hereupon did move King Achaius, who had married Fergusiana his sister, for some supply; and he no less offended with Athelstans' oppressions, than was Hungus himself, sent to his aid ten thousaud men, under the leading of of Prince Alpin his son. Hungus supplied with this power; entered into Northumberland, and having made great depredations, returned home with a rich booty; Athelstan following upon his heels, overtook him at a little Village not far from Hadington; which put Hungus in a sore fright, for a great part of his Army was dismissed and gone home; yet not seeing a way to eschew the fight, he gave order for the battle against the next day, and in the mean time betook himself to prayer, spending most part of the night in that exercise. A little before day falling into a slumber, it seemed to him that the Apostle St. Andrew stood by him, and assured him of the victory; which vision being related to the Army, did much encourage them. The History addeth, that in the joining of the battle there appeared in the air a Cross, in form of the letter X; which so terrified the enemies, as presently they gave back: King Athelstane was himself there killed, whereupon the Village took the name, which at this day it enjoyeth of Athelstan Ford. Hungus to express his thankfulness for the victory gave to the Church of Regulus, Hungus his thankfulness for his victory. now called St. Andrews divers rich gifts, as Chalices, Basins, the Image of Christ in gold, and of his twelve Apostles in silver. He gave likewise a case of beaten gold for preserving the Relics of S. Andrew, and restored to the Spirituality the tithes of all corns, cattle, and herbage within the Realm; exempting them from answering before any temporal Judge. Further, he did appoint the Cross of St. Andrew, to be the badge and cognisance of the Picts, both in their wars and otherwise; which as long as that Kingdom stood, was observed, as is by the Scots as yet retained. But all this was spoiled, as we said, by Feredeth the third in succession from Hungus, after which time nothing prospered either with him, or with that people. For the line masculine of their Kings failing, Alpin the son of Achaius did claim the Crown as next in blood by virtue of an old Covenant betwixt the Scots and Picts; the Picts refusing to accept him being a stranger, made choice of this Feredeth, The Scots claim the Kingdom of the Picts. whom we named; and thereupon war was denounced. The first encounter was at Restennoth in Angus; where in a cruel fight, which continued from the morning until night, Feredeth was killed: his son Brudeus who succeeded, was made away by the Picts themselves in the first year of his reign, and Kenneth his brother that succeeded to him, came to the like unfortunate end. After Kenneth, another called Brudeus was elected King; and he in a battle fought not far from Dundy, took King Alpin and many of his Nobles prisoners: which victory he used most foully, putting all the Nobles to death, killing the King, and causing his head to be set upon a pole in Abernethy, or as others write, in the city of Camelon. The Picts upon this victory supposing that they had utterly broken the courage of the Scots, Kenneth utterly overthroweth the Picts. did purpose nothing less than their extermination, which after the death of Brudeus, his brother Drusken that succeeded, went earnestly about. But Kenneth the second the son of Alpin, a Prince of a brave and heroic spirit, pursued so hotly the revenge of his father's death, as having defeated the Picts in divers battles, he drove them all in the end forth of the Kingdom, and united that Crown to his own of Scotland. This Kenneth was a most wise and valiant King, and so circumspect in his business, that from that time forth none of the Picts were ever heard to resume the title of a King: The countries which they inhabited, he divided amongst the Nobles, and others, whose labours in these wars had merited a recompense. He established good and wholesome Laws. To the Church he gave another face, Both li. 10. and a greater outward splendour than the former ages had seen, translating the Episcopal See (which whilst the Pictish Kingdom stood, was settled in Abernethy) to the Church of St. Reul, and ordaining it from thenceforth to be called The Church of S. Andrews, Lese. l. 5. and the Bishop thereof Maximus Scotorum Episcopus, The principal Bishop of Scotland: Churches, Chapels, and Oratories, with their Priests, and all sorts of religious men he caused to be held in great reverence; and in a word, did so nobly perform all actions, both a War and Peace, as he may rightly be placed amongst the best Kings, and reckoned the third Founder of the Scottish Monarchy. THE HISTORY of the CHURCH OF SCOTLAND. THE SECOND BOOK. The Contents. The Succession of Bishops in the several Sees of this Kingdom, especially in the See of Saint ANDREWS, with other principal things that happened in their times. HAving made a collection of such things as I found dispersed in stories, The succession of Bishops in this Church after the subversion of the Picts. and warranted in any sort, for the first six hundred years of our Church, and being now come to the time wherein this Church by enlarging of the Kingdom received a further extension in bounds, and therewith an addition of more wealth, and state; I will, as beginning with a new account, follow the story thereof by the succession of Bishops, especially in the See of Saint Andrew's, upon which the rest did depend. The first Bishop who fate in this See, Adrian the first in this account killed by the Danes. was Adrian, killed by the Danes in the Isle of May, in the year 872. An. 872. with Stolbrandus a Bishop, Monanus an Archdeacon, Glodianus a Presbyter, and a number of other Churchmen, who fled thither for their safety. Whilst this Bishop lived, Constantine the second the son of Kenneth did keep a convention in Scone, A convention at Scone for reformation of the State. for reforming the disorders which the loose and dissolute government of his predecessor Donald the first had caused. In that convention beginning was made at the Clergy, and concerning them it was ordained, That they should reside upon their charges, An. 860. and have no meddling with secular business. That they should instruct the people diligently, and be good ensamples in their conversation. That they should not keep Hawks, Hounds, or Horses for pleasure. That they should carry no weapons, nor be pleaders of civil causes, but live contented with their own provisions. And if they were tried to transgress in any of these points that for the first fault they should be fined in a pecuniary mulct, and for the second deprived from their office, and living. Thus was it not held in that time a diminution of Ecclesiastical authority, for Princes to give Laws to the Clergy, and to punish them, if they were found guilty of any offence or crime. Divers other statutes for redressing abuses crept into the Realm, Statutes for redressing abuses. were then also concluded: as, That drunkenness should be punished with death, that none should eat above one meal a day, nor accustom themselves to lie softly, or use any recreations, but such as might inure them to sufferance and labour. Whereby that good King did banish all riot and luxury, and in a short time brought the Kingdom again to a flourishing estate. But the Danes (as we said) invaded the country, and practising many cruelties whilst he did pursue them, who had entrenched themselves not far from the Town of Carrail, he was unfortunately with all his Army overthrown; An. 904. and being taken prisoner the day following, beheaded at the mouth of a little cave, which in detestation of that fact, is to this day called The Devil's Cave. 2. Unto Bishop Adrian succeeded Kellach; how long he lived, I find not. 3. After him Malisius governed the See by the space of eight years. Scon. l. 2. in Catalogo Eipis. S. Andreae. This Bishop had the happiness to live under Gregory called the Great, a King endued with all the virtues that can be wished for, or desired in a King. The privileges and immunities granted by him to the Church, King Grego●y his favours to the Church. do witness his piety; for in a convention held at Forfare, by an unanime consent of his Estates, he ordained, That all Priests should from thenceforth be exempted from paying tribute, Both l. 10. keeping watch, and going in warfare. That they should not be drawn before temporal Judges for any civil cause, but that all matters concerning them should be decided by their Bishops; the judgement of Matrimonial causes, right of Tithes, Testaments, Legislatory actions, and all things depending upon simple faith, and promise, should be committed to the Bishops, with power to them to make Canons, and constitutions Ecclesiastical, to try heretics, blasphemers, perjured persons, and Magicians, and censure such as they did find delinquent in that kind; And that all Kings succeeding should at the time of their coronation, take oath for maintaining the Church in their liberties. These favours had the Clergy in the following ages used with that moderation and equity which they ought, we should not have seen nor felt the interruptions that have been made upon Church liberties, with the encroachments which in our time have been justly complained of. In this time lived that famous Scholar joannes Scotus, Io. Scotus called Aerigena. called Aerigena, from the place of his birth, which was the town of Air in the West parts of Scotland. This man being very young, went to Athens, and followed his studies there some years, attained to great perfection in the Greek, Both l. 10. Chaldaick, and Arabic languages. Returning afterward to France, at the request of Carolus Calvus, he translated in Laetine the work of Dionysius de coelesti Hierarchia; Lesl l. 5. at which Pope Nicolaus took exception, and wrote to King Charles on this manner. Relatum est Apostolatui nostro, quòd opus Dionysii Arepagitae, quod de divinis nominibus, vel coelestibus ordinibus, Graeco descripit eloquio, quidam vir, Joannes genere Scotus, in Latinum transtulit: quod juxta morem nobis mitti, & nostro debuit judicio approbari; praesertim cum idem Joannes, licèt multae scientiae esse praedicetur, olim non sanus in quibusdam frequenti rumore dicatur. We have been informed that one called john of the Scottish nation hath translated the work which Dionysius the Areopagite did write of the names of God, or of the heavenly Orders, into the Latin tongue: which book ought according to the custom, have been sent to us, and approved by our judgement; especially since the said john, albeit he be esteemed of good learning, hath been of long time held to be unsound in certain points of doctrine. Now the point which the Pope did chiefly quarrel, was his opinion of the Sacrament; for he had published a Treatise, De corpore & sanguine Domini, wherein he maintained Bertram his doctrine of that point. Scotus having knowledge of this, and thinking he could not be safe in those parts because of the Pope's dislike, came into Britain, and was welcomed by King Alfred a great favourer of learned men, by whom he was employed to teach the languages at Malmsbury Abbey, and by some Scholars who could not endure the severity of discipline, was stabbed to death in the year 884. and buried in the same Abbey. 4. Bishop Malisius dying, Kellach the second, the son of one Ferlegus succeeded in his place: he was the first Bishop of this Kingdom that went to Rome to seek confirmation, King Constantine the third forsaketh the public life. and lived to a great age, for he sat Bishop 35. years. In his time Constantine the third King of that name, wearied with the troubles of a public life, renounced his temporal dignity, and betook himself to solitude among the Culdees in St. Andrews; with whom he spent his last five years, and there died. After this Killach these successively were Bishops. Paslet. l. 6. c. 27. 5. Malmore. 6. Malisius the second. 7. Alwinus, who fate three years only. 8. Maldwin the son of Gillander, and 9 Tuthaldus. In this time the coelibate of the Clergy was violently urged, An. 977. and married Priests thrust from their livings; which raised great stirs in the Church, but the particulars are not recorded, Camd, ant. nor the broils which thereupon ensued. I read in the Antiquities of the Britannic Church, that in the year 977. a Council was gathered at Calne in Wiltshire for that business, to which Beornellus a Bishop of Scotland was called by Alfrithe the widow of King Edgar, who favoured the cause of married Priests. This Bishop, a man of great learning and eloquence, is said to have defended the conjugal life of Priests by solid reasons taken out of Scripture, and to have put all the opposites to silence. But Dunstane the Archbishop, who presided in that Council, when he saw that reason could not bear out the earand, fell a threatening, and said that notwithstanding all their arguments they should not carry away the victory; which he had no sooner spoken, than the beams of the house wherein they sat at Council, bursting asunder all were overturned, and fell headlong to the ground; many were bruised, and some killed with the fall; Dunstan himself only escaped without harm, the beam whereon he stood remaining whole and entire. Such as favoured the cause of Monks, did interpret this accident to be a sentence given by God on their side; others said that Dunstan had wrought this mischief by sorcery, (for many supposed him to be a Magician.) However it was, the married Priests (though repining) were forced indeed to yield and submit themselves. What became of Beornellus, I read not, nor whether he returned to his country. The names of some other Bishops we have, who were in good account at that time, such as Blaanus, Englatius, Colmocus, and Moveanus Confessor to King Kenneth the third, a wise and valiant King, and one who might have been reckoned amongst the best Princes▪ if about his latter end he had not stained his fame with the murder of Malcolm his Nephew, whom he made away by poison; but the ambitious desire he had to settle the succession in his own posterity, let him to work this villainy: which he carried in so covert a manner, as no man did once suspect him thereof (the opinion of his integrity being universally great:) but as wicked facts can never be assured, though possible they may be concealed; his mind was never after that time quiet, the conscience of the crime vexing him day and night with continual fears. In end (whether it was so in effect, or if his perplexed mind did form the self such an imagination) whilst he lay asleep, he heard a voice speaking to him in this sort: Dost thou think, that the death of Malcolm that innocent Prince treacherously murdered by thee, is hidden from me, or that thou shalt pass any longer unpunished? No, there is a plot laid for thy life which thou shalt not escape: and whereas thou didst think to transmit the Crown firm and stable to thy posterity, Both l. 11. thou shalt leave the Kingdom broken, distracted and full of trouble. The King awaked with the voice was stricken with great terror; in the morning early calling Moveanus, he laid open to him the grief and vexation of his mind: who giving the King his best counsel for the pacifying of his conscience, Buchan. l. 6. did advise him to bestow alms upon the poor, visit the graves of holy men, have the Clergy in greater regard than he was accustomed, and perform such other external satisfactions, as were used in those times. The King following his directions did carry himself most piously, not thinking by these outward deeds of penance to make expiation for his sin; for they were not become as yet so grossly ignorant, as to believe that by such external works the justice of God is satisfied; albeit some idle toys, such as the visiting the graves of the Saints, kissing of Relics, hearing of Masses, and others of that kind, which Avarice and Superstition had invented, were then crept into the Church; yet people were still taught, that Christ is the only propitiation for sin, and that by his blood the guilt thereof is only washed away. King Kenneth murdered in the Castle of Fettercarne. This being still the doctrine of the Church, to think that Kenneth was any other, is scarce charitable. Always as he was visiting the grave of Palladius, being invited to lodge in the Castle of Fettercarne, he was there treacherously murdered. But to return to our Bishops. 10. Fothadus succeeded next after Tuthaldus, a man greatly respected for the opinion conceived of his holiness. An. 1004. In the competition which Grimus had with Malcolm the second for the succession of the Crown, by his wisdom and the trust they reposed in him, Buchan. l. ●. they were brought to an agreement, and a most perilous commotion stayed. Scon. li. in Catalogue. Episc. S. Andrews. How long he sat Bishop, is not recorded; in his time lived Vigiamus a Monk, an eloquent Preacher, Coganus an Abbot, and Onanus a Deacon, men of especial account. 11 After the death of Fothadus, Buchan. l. 6. Gregorius was elected and consecrated Bishop: he lived in a troublesome time; for soon after his election, the Danes did of new invade the country, Both l. 11. and landing in Murray, had such success at first, as they did think to make conquest of the Realm. But Malcolm the second having repulsed them at a battle fought at Pambride in Angus, The Danes defeat at Mu●t●lack in Angus by Malcolm. did pursue them unto Buchane, where at a Village called Murthlack he gave them an utter overthrow, and forced those that escaped to swear, that during the reign of Malcolm, and the life of Swain their King, they should never return into Scotland. To memorise this victory, An Episcopal See at Murthlack. the King did Found an Episcopal See at Murthlack, enduing the same with rents forth of the adjacent lands: and calling the Clergy to an assembly in the Town of Bertha, (now Perth) he enacted by the advice of Bishop Gregorius divers Canons for their better government. At the same time in a convention kept at Scone, to reward those that had done well in the late wars, he gave away all the Crown lands, reserving little or nothing to himself. The Barons to requite his liberality, did grant to him and his successor's Kings of Scotland, the Ward of all their lands, with the benefit that might accrue by the marriage of the heir. But this being casual and uncertain, proved unsufficient for maintaining his Royal estate, so that necessity (the sure companion of immoderate largition) did force him to make unlawful shifts: Both l. 11. whereby he came to be as much hated in end, Past. l. 4. c. 44. as he was loved at first; and by some villains that thought themselves wronged by him, was murdered in the Castle of Glammes after he had reigned 30. years. Before his time the titles of Thane and Abthane, Buchan. l. 6. were the only titles of honour and dignity in the Realm: whereas he to give a greater splendour to the State, did introduce all these offices which are now in use, and are commonly called Offices of Estate. Duncan the first his Nephew by Beatrix his daughter succeeded to the Crown, An. 1034. whose weakness and simplicity made way to Macbeth his Cousin-germen usurpation; Buchan. l. 7. for he conspiring with Bancho a man of great place, deprived the King both of his Crown and life, in the seventh year of his reign. The Kings two sons, Malcolm, Both l. 12. surnamed Canmore, and Donald Bane, fearing the cruelty of the Tyrant, withdrew themselves and fled; Malcolm into Wales, and Donald into the West Isles. Thus none being to oppose, Macbeth did assume to himself the Crown, and for the first ten years governed the Kingdom better with justice than he got it. Afterward growing suspicious, and seeking to rid himself of those that might prove his enemies, he began his cruelty at Bancho, who had an hand with him in the King's murder: and inviting him on a night to supper with his son Fleanche, as they were returning to their lodgings, made some lie in the way to murder them. Bancho doubting no harm was killed, but his son Fleanche through the darkness of the night escaped. The Nobles detesting this treachery, and fearing it might turn to be their own case, retired home to their dwellings. Macbeth finding himself to be forsaken of his Nobles, and knowing that he was hated by the people, fell then to practise open Tyranny, and forging quarrels against the better sort, did upon light causes put divers to death. The Thane of Fife, called macduff, a man of great power, out of a suspicion he conceived fled into England; where meeting with Malcolm the lawful heir of the Crown, after he had exponed the misery whereunto the country was brought by the cruelties of Macbeth, and the reasons of his own flight, did persuade him to return and repeat his Father's Kingdom. Malcolm who often before had been solicited to return, by such as Macbeth did suborn: made answer, That he understood all these things to be true which were related; but if, said he, ye knew how unfit I am for government, you would not be so earnest as you seem, to call me home; for not to dissemble with you, An. 1057. whom I esteem my friend, the vices which have overthrown many Kings, Lust and Avarice, do reign in me: whilst I live obscure, and in a private sort, these faults are not espied; A discourse between macduff and Malcolm. but if I were in place of Rule, the same would soon appear, and break forth. Mackduffe replying, That these were no reasons to keep him back, for that marriage and time would quench Lust; and for avarice, when he should have abundance, Both. l. 12. and be out of fear of want, it would cease. That, said he, possible may be, Pas●. l. 5. c. 3, 4. but I have an imperfection greater than these; for I can trust no man, and have found such falsehood in the world, as I am jealous of every one, and upon the smallest suspicions, (for I measure every man by myself) I break and alter all my courses. Away then, Scotichron. l 7. said macduff, I am unfortunate, and thou unworthy to Reign: and with this word he made to depart. Then Malcolm taking him by the hand, said, I do now know thou art a man worthy of trust, and will not refuse to undergo any hazard with you; for as to these vices we have been talking of, I thank God none of them do reign in me, only I speak this to discover your mind and disposition. Thus both agreeing upon the enterprise, they gave private notice to their friends of their coming; and obtaining a supply of ten thousand men, from King Edward under the leading of Sibard Earl of Northumberland, Malcolmes Grandfather by the Mother, they entered into Scotland. The rumour of this Army did cast Macbeth into a great terror, and not knowing what to do, (for he was deserted of all) he shut up himself at first in the Castle of Dunsinnan, a Fort that he had lately built. The Army marching thither, how soon they came in sight, Macbeth out of a new fear forsook the Fort, and made to fly by horse; but being pursued by some of Malcolm his friends, he was overtaken and killed. Upon this victory Malcolm was declared King, and crowned in Scone the 25. of April, 1057. Buchan. l. 7. Soon after his Coronation, calling the Estates together at Forfar he restored the children of those that Macbeth had forfeited: and to correct the intemperances' of the people, and to recall them to the ancient frugality, made divers good statutes, repealing that beastly Act of Eugenius the third, which appointed the first night of the new married woman to appertain to the Lord of the ground, and granting the husband liberty to redeem the same by payment of an half Mark of silver, which portion they call Marchetas mulierum, and is as yet disponed by superiors in the Charters they give to their vassals. In this Convention likewise the Bishops, Diocese appointed by the Bishops. who, as we showed before, did indifferently administrate their functions in all places to which they came, had limits appointed to them for the exercise of their jurisdiction. To Saint Andrew's was committed the oversight of Fife, Louthian, Merce, Strivelingshire, Angus, and Mernis. Glasgow had the charge given him of the West parts and Borders; Galloway this country which yet beareth the name: and Murthlack all that is now of the Diocy of Aberdeen. Cathnes and Murray erected by King Malcolm the third. Besides these, the King did erect Murray and Cathnes in two Bishoprics, appointing able men for the discharge of the service, and providing them with maintenance sufficient, he gave the Lordship of Momemusk, the superiority whereof belongs as yet to that See. The Church of Dunfermling he built from the ground, and laid the foundation of the Cathedral in Durham, advancing great sums to the perfection thereof. In all which, he was much furthered by that blessed Lady Queen Margaret his wife. That we may better know this Lady, The History of Queen Margaret, and her marriage with King Malcol●. and how she came to be married unto Malcolm I must relate a few things belonging to that purpose. Edmond King of England surnamed Ironside, being treacherously killed at Oxford, Canutus a Dane, who reigned in a part of that kingdom, attained the absolute dominion of the whole. This Edmond left two sons, Edwin and Edward, whom Canutus in the beginning entertained very kindly, but afterwards seeking to establish the Crown in his own posterity, he sent them to Volgarus the Governor of Swain to be murdered. The Governor pitying the estate of these innocent youths, conveyed them secretly unto Solomon King of Hungary, giving out to Canutus that they were made away; Edward (surviving Edwin his brother) married Agatha sister to the Queen of Hungary, and daughter to the Emperor Henry the second, by whom he had a son called Edgar, and two daughters, Margaret and Christian. After Canutus his death succeeded Harold his eldest son, whose reign was cruel and short, and four years only. And after him Hardicanutus, who died suddenly in the second year of his reign, and was the last of the Danes that ruled in England. Upon his death Edward brother to Edmondlronside living then in Nomandy, was recalled and Crowned King of England at Winchester, in the year 1042. This is he that is called Edward the Confessor, a most pious King, who having no issue, sent to Hungary for his Cousin Edward, and for his children. Edward soon after his coming died, so Edgar surnamed Atheling remained, to whom King Edward would willingly have resigned the Crown; but such was the modesty of that young Prince, as he did absolutely refuse to reign during the King his life: That lost him the Crown, for upon the death of the King, Harold son to Earl Godwin was preferred, Prince Edgar his right utterly misknown. But Harold his reign continued not long. William Duke of Normandy commonly called the Conqueror, having killed him in a battle fought in Sussex the next year, usurped the kingdom to himself. Edgar fearing the Conqueror's cruelty, took sea with his mother Agatha, and his two sisters, Margaret and Christian, intending to return into Hungargy, but were by Tempest driven upon the coast of Scotland, where King Malcolm that had learned by his own sufferances to compassionate the distresses of others, did most courteously receive them, and shortly after their coming took Margaret the eldest sister of Edgar to wife, a Lady of rare virtue; who though she brought him little or no portion, made both him and his kingdom happy. How soon the Norman had settled his dominion in England, he sent to King Malcolm to require Edgar his competitor and fugitive (as he termed him) to be rendered. Malcolm refused, holding it an unseemly deed in a King, to deliver any person that took their refuge to him, King Malcolm and the Conqueror at War. much more to betray a Prince allied to himself, unto his mortal enemy. Hereupon War was proclaimed, and one Roger a Nobleman of Normandy sent to invade Northumberland, which was then in the possession of the Scots. Richard Earl of Gloucester did second him with a great power, but both these were put to the worse. Odon the Normans brother, who of a Bishop of Bayeux was made Earl of Kent, as likewise his own son Robert, whom he employed with several Armies, did prosper no better; so as wearied of the wars, he began to think of peace: Peace concluded amongst them. neither was Malcolm unwilling unto it; and after some treaty, it was accorded, That King Malcolm should retain Cumberland with the same right that his predecessors did enjoy it: and that the subjects of each kingdom might know their limits, and how far they were to pass; a stone-crosse was erected in Stammore, which was called the Ree Cross, that is, the Cross of Kings; for on the North side thereof, the Arms of the King of Scotland were graven, and upon the South, the Arms of the King of England. This peace held firm all the Conquerors time, The contrary disposition of King Malcolm, and William Rufus. but William called Rufus his son succeeding, it quickly dissolved; neither could it be otherwise, considering the contrary disposition of the two Kings; for as Malcolm was religiously given, and a great Benefactor to the Church, so Rufus in all his carriage, manifested no affection that way: For to enlarge his Forest at Winchester, he demolished thirty Churches, and forced Anselm that good Bishop of Canterbury to quit the kingdom, for the liberty he used in his reprehensions. It was also thought that the interview of the two Kings at Gloucester did further their dislike (as hath been often observed to fall out in the meetings of Princes.) For Malcolm departed from him in displeasure, Rufus by some secret practice got the Castle of Anwick, whereupon arose the war; in which King Malcolm and Prince Edward his son did both perish. A little before the beginning of this war, Bishop Gregorius dieth. Bishop Gregorius died, and in his place one called Edmundus was elected, who deceased before his consecration. 12. After him Turgot Prior of Duresme was chosen Bishop: Turgot elected in his place. he wrote the history of King Malcolm, and Queen Margaret, who some few days after the death of the King her husband, Buchan. l. 7. departed this life in the Castle of Edinburgh, and was buried in the Church of Dunfermlin; whither also the bodies of Malcolm and Edward his son were afterwards translated; for at first they were buried in Tinmouth Abbey. Never was more lamentation made for the death of two Princes, An. 1117. than was for this Queen and her husband, Malcolm. To speak of his piety, justice, and magnanimity, The virtues of King Malcolm the third. he outwent in all these the Princes of his time: and for courage, he gave a noble proof of it in the first entry of his reign, when upon a conspiracy detected against his life, riding one day in the fields, he called the chief conspirator; and taking him aside from the rest of the company unto a secret place, he did challenge him as a Traitor, willing him, if he had any valour, to show the same, and rather take his life in an honest manner, then treacherously. The man confounded with the boldness of the King, fell upon his knees and entreated pardon; which the King granted, retaining him still in his service as before. The magnificence of his Court whilst he lived was great; and in the State to distinguish the degrees of Honour, he introduced the titles of Earl, Baron, and Knight, in the place of Thane, and Abthane, which were the titles before in use. His Queen Margaret was in her place no less famous in all the virtues that became women, The praise of Queen Margaret. devout towards God, charitable to the poor, and exceeding liberal in the advancing of public works. The Church of Carlisle she built upon her own charges; and was esteemed not to be the least cause of all that the King her husband bestowed that way. By her the King had a fair issue, six sons, and two daughters; Her issue by King Malcolm. the first called Edward, died with his father at Anwick; the second called Edmond, did render himself religious; Etheldred the third deceased young: the other three, Edgar, Alexander, and David, reigned successively one after another; continuing all of them in the same course of goodness. The names of the two daughters, were MAUD, and MARY. MAUD entering into the Cloister, wherein Agatha her Grandmother, and Christian her Aunt lived retired; was with much difficulty won to descend into the world, and to be joined in marriage with Henry the first King of England; a Lady of incomparable virtues, and of so good a disposition, Buchan. l. 7. as she was commonly termed MAUD the good Queen. Having lived 17. years with her husband in great love, Sa. Daniel in his Collection. she deceased at Westminster the first of May, 1118. and was buried on the right hand of Edward the Confessor his Tomb, with this Epitaph affixed. Prospera non laetam fecere, nec aspera tristem: Aspera risus ei, prospera terror erant. Non decor effecit fragilem, non sceptra superbam: Sola potens humilis, sola pudica decens. Maii prima dies nostrorum nocte dierum, Raptam perpetuum fecit inire diem. The other sister MARY was married to Eustathe Earl of Boloign, who went to the recovery of the Holy-land, with that noble Prince GODFREY his brother, she bore to him one only daughter, named MAUD, who was afterward matched to Stephen King of England, and departed this life at London three years before her sister, having her corpse interred at Bermondsey Abbey in South●ark, with this inscription. Nobilis hic tumulata jacet, comitissa Maria: Artibus hac nituit, larga, benigna fuit. Regum sanguis erat, morum probitate vigebat; Compatiens inibi, vivat in arce poli. Thus much we owed to the memory of those good and glorious Princes, and now return; Turgot after he had governed the See of St. Andrew's with good commendation some 25, or 26. years, Scon. lib. in Catalogue. Epis● S. Andrews. died in the year of our Lord 1117. his corpse according to his appointment, was honourably conveyed to Duresme, and there interred. In his time lived Veremudus Archdeacon of St. Andrew's, a Spaniard by nation, and well learned according to those times; he wrote the history of Scotland, from the beginning of the kingdom unto the reign of Malcolm the third, An. 1098. and is greatly commended for his diligence and fidelity in that work, but by the injury of time the same is lost. In Germany much about the same time lived Marlanus, Paternus, Ammichadus, Sigebertus, and Helias, all of them Scotch men, and well respected. This last had the government of two Monasteries in Coleyn, called S. Pantale and S. Martin. The severity and rigour that he used toward his Monks, brought him in dislike with Pilgrinus Archbishop of the City, who upon some false informations determined to expulse him and all the Scottish Monks that were in the City, after his return from the Emperor's Court, where he was for the time. This being reported to Helias, he is said to have uttered these words; Si Christus in nobis peregrinus est nunquam vivas Coloniam veniet Piligrinus: which falling out according to his prediction purchased to him the reputation of a Prophet. After that, he lived many years in peace, and died at Coleyn in the year 1042. Sigeberius having governed the Monastery of Fulden some years, was preferred to the Archibishopricks of Mentz, and being urged by Gregory the seventh, called Hildebrand, to depose the married Priests that would not separate from their wives, was in danger to be detruded by his Clergy, and had much ado to cause that Law of single life to be embraced by them. Ammichadus a man nobly born, and greatly affected to the solitary life, lived a Recluse in the Abbey of Fulden, spending his time in the meditations of morality, and died in the year 1043. Paternus was a Monk in the City of Potelbrum, which in the year 1058. was consumed with fire: Ambiens Martyrium, saith Marianus, in a foolish affection of Martyrdom, refusing to come forth of the Monastery, was therein burnt alive. Marianus, Marianus. he was first a Monk in the Monastery of St. Martin at Colyn, founded by Ebergerus the Archbishop of that City, for a Seminary of Scottish students, in the year 676. and having continued there two years, went to the Abbey of Fulden, where he lived ten years. After that he went to Mentz upon the Archbishop's visitation, and stayed there some 15. years. All this time he employed in the study of letters, especially of Story and Chronology, wherein he attained to such a perfection, as he was accounted the only Chronologist in his days; the Chronicle he wrote from the beginning of the world, unto the year of Christ 1183. yet extant, doth testify no less. He died at Mentz in the year 1186. and was buried in the Church of St Martin within the City; and thus much for the learned men of our country, that lived in the time of Turgot. 13. Next after Turgot Godricus succeeded in the See of Saint Andrew's: this Bishop did anoint King Edgar the son of Malcolm, in the year 1098. after the manner of other Christian Princes; which rite had not been formerly used in the Coronation of our Kings, and (as they write) was obtained from Pope Urban the second, at the request of Queen Margare●: for the Popes of Rome having as then advanced themselves above Kings, did take on them the conferring of these Ensigns of Majesty to whom, and where they pleased. This Edgar was a good King, and greatly beloved of all his subjects. King Edgar erected the Abbey of Cauldingham in a Priory. The Abbey of Cauldingham, which in former times had been a sanctuary of Virgins, he gave to the Church of Duresme, but upon the ungrate behaviour of Ranulph Bishop of that See, a man noted of much corruption, he recalled his gift, and erected the same into a Priory. Upon the death of Godricus, King Alexander the Fierce, seeketh advice of the Archbishop of canterbury. King Alexander surnamed the Fierce, sent to Radolph Archbishop of Canterbury to have his advice for the promoving of some worthy person unto the place; and in his letters directed to that effect, complained of the Archbishop of York his encroaching upon the Church of Scotland, through the oversight of Lanfrank Archbishop of Canterbury, that had given way to the consecration of some of the Bishops of Saint Andrews at York, whereas in old times they were not wont to receive Consecration, but either from the Bishop himself, or from the Archbishop of Canterbury; Therefore desired his assistance in redressing that abuse, which he said he could not any longer tolerate. Now this Radolph was at the same time in question, with Thurstan the elect of York for his consecration, to which by no means he would assent, unless Thurstan would make profession of obedience to the See of Canterbury. The Archbishop of Canterbury and York at difference. And about that was so much business made, that Radolph, though he was then both aged and sickly, did undertake a journey to Rome, to debate his right. At his return, which was some four years after (so long did the See of Saint Andrews remain void) the King sent to him Peter Prior of Dunfermlin, and one of his own Gentlemen to congratulate his safe return, and request that Eadmerus a Monk of Canterbury, a man well reported of, might be sent hither, for filling the place. Radolph knowing that Eadmerus had neither by himself, nor by any other indirect means moved the business, and so taking it to come of God; howsoever it grieved him, that the Church of Canterbury should lack the benefit of his service; gave his consent, and having obtained King Henry his licence (without whose knowledge he would not have him go into a strange country) sent him to Alexander with an ample recommendation, Archbishop of Canterbury his letter to king Alexander. in substance this: We give unto God (said he) everlasting thanks, for that it hath pleased him to open the eyes of your mind, and make you know and seek that which you should; and to your Highness' self we esteem ourselves greatly bound, because of your friendly and familiar usage: for albeit your desires tend to our hurt, and are not less grievous to us, then if you should pull out our eyes, or cut off our right hand, we cannot but commend your desire, and so far as we may in God, obey the same. Therefore unwilling, and yet willing, we yield unto your will; willing in so far as we perceive it is God's will which we dare not withstand, nor will we in any thing willingly displease; yet unwilling, for that we are left alone, and deprived of his fellowship, who as a Father ministered unto us consolation in time of grief, giving us sound advice in many perplexed cases, and was to us a most helpful Brother in this our infirm and old age. If any other should have required him of us, we would no more have parted with him, then with our own heart; but there is nothing, which in God we can deny you. Thus we send unto you the person that you desired, and so free, as you may lay on him what charge you will, so as it be to the honour of God, and to the credit of the Mother Church of Canterbury. Do therefore what you purpose wisely, and remit him unto us with diligence to be consecrated, because delay in that errand may breed impediments, that we desire to eschew, etc. Eadmerus bringing with him this Commendatory letter, Eadmerus hist. l. 5. & 6. was the third day after his coming elected Bishop by the King's licence, and with consent both of the Clergy and Laity; but the next morning whilst the King conferred with him apart touching his consecration, he began to magnify the Church of Canterbury, and the authority it had over all the Churches of Britain; declaring that by his leave, he would seek the Episcopal benediction from the Bishop, and not receive it at the hands of any other: King Alexander offended that Eadmerus would not be consecrated in Scotland. which offended the King greatly; for by no means could he endure to hear of this Church's subjection to the English. Thereupon the Monks who had been trusted in the years preceding with the intromission of the rents, were charged to uplift the same, and to impede the elect his possession. Yet within a few days the King going in an expedition against some rebels in the country of Ross, He is invested in the Bishopric by the intercession of the Noblemen. by the intercession of Noblemen it was agreed that Eadmerus should receive the Ring out of the King's hand, and the Crosier being laid upon the Altar, he should take up the same, and that way be invested into the Bishopric. In this sort was he entered to his charge, the Clergy and people accepting him for their Bishop. Mean while, Thurstan the Archbishop of York opposes the consecration of Eadmerus. Thurstan the Archbishop of York, who was then beyond sea, ceased not to solicit King Henry of England by his letters to impede the consecration; for which effect, three several messages were sent to King Alexander. Eadmerus upon the distaste the King had taken of him, was not much respected: which he perceiving, and withal considering that the King being his unfriend, his service could not be very profitable to the Church and Kingdom, resolved to go unto Canterbury, and seek the advice of his brethren and friends in those parts. This signified to the King, he said that the Bishop had nothing to do with Canterbury, nor so long as he lived should any Bishop of Scotland profess subjection to that See. An. 1124. Which being reported to the Bishop, he replied in passion, That not for the Bishopric, nay not for all Scotland, would he deny himself to be a Monk of Canterbury. Falling thus more and more in the dislike of the King, Eadmerus departeth into England upon the King's dislike. and jars daily increasing, he employed the Bishop of Glasgow to try the king his mind towards him: who told him that he found the King greatly displeased with his courses, and if he continued in the same mind, he was not to expect his favour. Hereupon Eadmerus resolving to depart, delivered back the Ring which he had received from the King, and laid down his Crosier upon the Altar, with a protestation that he was forced thereunto, and so went away. The King did by his Letter purge himself to the Archbishop of Canterbury, declaring that it was not his fault, but wilfulness on Eadmerus his part, which made him relinquish his charge. But the Archbishop a man of courteous nature not willing further to inquire of the reasons of Eadmerus his departure, passed over the business with a gentle answer to the King for that time. I find upon better advice, that Eadmerus made offer to return, and give the King satisfaction in all he required; but herein he was prevented by a new election, which the King had caused to be made. 15. For how soon it was advertised that Eadmerus had a purpose to return, He purgeth himself to the Archbishop. the King for his own peace did think it most sure to have one of his Subjects preferred to the place; and so recommending to the Chapter Robert Prior of Scone, he with an uniform consent was chosen Bishop, and stood elect two years (for before King Alexander his death, Robert Prior of Scone elected Bishop of Saint Andrews, and consecrated at York. which happened in the year of our Lord 1114. he was not consecrated;) then he received the benediction at the hands of Thurstan Bishop of York, with reservation of the privileges of both Churches which if the King had lived, would not have been permitted; for he was a Prince that stood much upon his royalty, The Abbey of Scone and Saint Columbe founded. and would not endure at any hand the least encroachment either upon his Kingdom, or upon the Church. The Abbeys of Scone and S. Columbe were founded by this King. To the See of S. Andrews he was a great Benefactor, and gave the lands called Cursus apri, Cursus Apri given to Saint Andrews. the Boars chase, and was resolved to do more in that kind, if he had not been taken away by death. But what may be thought lacking in him was abundantly supplied by his brother and successor King David, King David succeeded to Alexander, and his beneficence to the Church. whose beneficence that way exceeded all others; for besides the repairing of these Monasteries which was either by age become ruinous, or were defaced by injuries of war, he erected the Bishoprics of Rosse, Brichen, Dunkeld and Dumblane, with the Abbeys of jedburgh, Kelsoe, Melrose, Newbottle, Halirudhouse, Kinlosse, Combuskenneth, Dundrennan and Holmecultram in Cumberland; he founded likewise two religious Houses at Newcastle, one for the Benedictins, another for the white Monks; and for professed Virgins, two Monasteries, one at Berwick, and another at Carlisle: all which he provided with competent Revenues. Some of our Writers have taxed this most worthy King for his immoderate profusion, King David taxed of profusion. as they call it, on these Monasteries; and Holinshed saith that his unmeasurable liberality towards the Church, made his Successors oppress their Nobles at home, lay impositions upon the people, and do many other things prejudicial to the Commonwealth, that they might have wherewith to maintain their royal estates. But herein he erreth greatly, for let an examination be taken of the behaviour of our Kings in the ages succeeding, it will appear that their proceedings either with their own Subjects at home, or with their Enemies abroad have been more justifiable than the doings of any of their Neighbours: neither can it be showed, that any one of them did ever take those indirect courses which he mentioneth, for penury or want. But it is easy to speak ill, and deprave the actions of the best Princes. It is true, that profuseness in any person, especially in a King, is not to be allowed, His magnificence vindicate from these aspersions. for that it bringeth a great mischief both to the King and Subjects; but the bestowing of sixscore thousand Franks (that is the highest estimate they make of his donations) cannot be called an immoderate profusion. He was certainly a most wise King, and knew well his own work, and could proportion his Gifts to his Revenues. Neither was his liberality an hindrance to his Successors in the doing of the like pious works; An. 1159. for Malcolm who succeeded did erect the Abbey of Couper in Angus, Santray in Lothian, and a religious house at Manwell for professed Virgins. King William erected the Abbey of Aberbrothock, and his Queen Emergarda the Abbey of Balmerinoch. The like did the following Kings in their own times, which showed that he did not leave his Successors destitute of means to support their royal estate. This further will I boldly affirm, that if there be any profusion excusable in Princes, it is this: for besides that these foundations are the most lasting monuments to glorify their memories, they are the readiest helps which they shall find to supply their necessities at all occasions. Now whereas some have disapproved these donations because of the fruits that ensued, Buch. l. 7. meaning the abuses that crept in by the corruption of the persons, who did afterwards enjoy them; The faults of person ought not to be cast on things abused. if this reason should hold, the best of God's creatures, and the most pious institutions which ever were in the world, should be all condemned; for what is it that was ever put in the hands of men to use, that hath not been corrupted? and to cast the faults of men upon the things themselves, is a great iniquity. But this superfluous enriching of Monasteries whereof they speak, Whence the superflous enriching of Abbeys proceed. came not by this mean. The foundations at first were moderate, and no way excessive; but in after t●mes the Prelates growing sluggish, and shaking off the care of preaching, as a work not beseeming their dignity, they to flatter the Predicans, who had then all the way among the popular, and to be recommended of them for charitable and devout Prelates, gave away almost all their own Churches, and impropriated them to Abbeys, Buch. l. 7. leaving a poor Priest to do service in the Parish: and of this did spring a world of evils, which since that time could never be remedied. This I thought needful to be said for vindicating the same of that good King, who in all his actions, both private and public, lived beyond all censure, so as it is truly said of him, That the most learned wits who have gone about to frame the character of a good King, could never devise nor imagine such a one, as he did express himself in the whole course of his life. But to follow our purpose; Bishop Robert living under this King, and some six years after, Bishop Robert dieth. did carry himself in all the parts of his charge commendably; he founded the Priory of S. Andrews, and obtained to the City the liberties of a Burgh Royal, placing therein one Mainard a Fleming to be Provost, and departing this life in the year 1159. after he had sat Bishop 35. years was buried in the Church of S. Rewle, the Cathedral not being as yet built. There flourished in this time two of our Countrymen, Richardus de sancto Victore with David a Presbyter. Richardus de sancto Victore a Cannon regular of the order of S. Angustine, and David a Presbyter. This David lived in Germany, and was chosen by the Emperor Henry the fifth to accompany him in that expedition which he made to Italy against Pope Paschal; the Story whereof he wrote, as likewise a Treatise de regno Scotorum, both which are perished. Richardus was a professor of Divinity at Paris in the Abbey of S. Victor a great Philosopher, and left many books that witness his learning, the Titles whereof you may read in Baleus. He died in the same Abbey, and was buried with this Epitaph: Moribus, ingenio, doctrina clarus, & art, Pulvereo hîc tegeris, docte Richard, situ. Quem tellus genuit foelici Scotica partu, Te fovet in gremio Gallica terra suo. Nil tibi Parca ferox nocuit, quae stamina parco Tempore tracta gravirupit acerba manu. Plurima namque tui super ant monumenta laboris, Qua tibi perpetuam sunt paritura decus. Signior ut lento sceler atas mors pelit aedes: Sic propero nimis it sub piatecta gradu. 16. Bishop Robert deceasing, Walthemius Abbot of Melrosse was earnestly entreated to accept the Charge, but would not forsake the Monastery, saying, That he had washed his feet, and could not contaminate them again with the dust of earthly cares. Whereupon Arnold Abbot of Kelso was elected, and in presence of King Malcolm the fourth consecrated by William Bishop of Murray. This Bishop had been the year preceding directed to Rome with one Nicholaus the Kings Secretary, to complain of the Archbishop of York his usurpation upon the Church of Scotland, and being then returned, carried himself as Legate to the Pope; which power he resigned to Arnold after his Consecration, as he was enjoined by Engenius the third, who then held the Chair. In a Convention of the Estates kept the same year, Arnold did earnestly insist with the King to make choice of a wise for assuring the royal succession, and to that effect made a long speech in the hearing of the Estates; but the King had taken a resolution to live single, and would not be diverted. Edward Bishop of Aberdene was much blamed for confirming him in that course, and for that cause hated of many. The Cathedral of S. Andrews, a fair and stately Church whilst it stood, was founded by this Arnold, but before the work was raised to any height he died, having sit Bishop one year, ten months, and seventeen days only. 17. Upon Arnold his death the King did recommend his Chaplain Richard to the place, who was immediately elected by the Convent, but not consecrated for the space of two years after, because of the Archbishop of York his pretensions. One Roger held at that time the See of York, a man ambitious beyond all measure, who from being Archdeacon of Canterbury was by the means of the Archbishop Thomas Becket preferred to that place; no sooner was he advanced, but he procured of Pope Anastasius the fourth a Bull, whereby he was designed Metropolitan of Scotland; but the King and the Clergy (notwithstanding the Pope's authority was in those days greatly respected) refused to acknowledge him. Anastasius dying, by whom the Archbishop Roger was maintained, the Prelates of Scotland did convene, and by themselves performed the Consecration. Roger incensed herewith sent to Rome, He citeth the Scottish Clergy to Norham. and complaining of this contempt, found the favour to be made Legate of Scotland: by virtue whereof, he caused cite all the Scottish Clergy to appear before him at Norham in England, whither he came in great pomp. Angelramus Archdeacon of Glasgow (accompanied with Walter Prior of Kelso, The Clergy by some Delegates appeal to Rome to the Pope. Solomon Dean of Glasgow, and some others of the Clergy) went and kept the Diet, and in the name of the Church of Scotland appealing to the Pope, took journey to Rome. Pope Alexander the third giveth sentence for Scotland. Where the business being debated before Pope Alexander the third, sentence was given against Roger his pretended Legation, and the Church of Scotland declared to be exempted from all spiritual Jurisdiction, the Apostolic See only excepted. This exemption Angelramus, who in the mean time was promoted to the See of Glasgow by the death of Bishop Herbert, Angelramus elected Bishop of Glasgow. and consecrated at Rome, brought back and presented to the King. The Bull is yet extant, and begins thus: Alexander P. servus servorum Dei Malcolmo Regi etc. A few days after the Bishop's return King Malcolm died at jedbrough, King Malcolm the fourth his death. in the 25. year of his age, and 12. of his reign: a sweet and meek Prince, uncourteously used by King Henry the second, King of England, but more rudely by his own Subjects. This Henry, by nature ambitious, and one that could not keep himself within bounds, took many ways to wrong this good King, and make him despised of his own people; yet for that he had sworn to King David, malcolm's Grandfather, that he should never molest him, nor any of his posterity in the possession of the lands they held in England, and could not for shame go against his oath; A Bishop placed at Carlisle by the Archbishop of York. he stirred up the Bishop of York to place a Bishop at Carlisle, thinking the King of Scots would not endure that wrong. john Bishop of Glasgow, under whose charge the Country of Cumberland then was, did exceedingly offend with this, and finding that the King would not break with Henry for so little a cause, nor seeing a way to repair himself, abandoned his charge, and went unto the Monastery of Tours in France, where he abode till he was forced by the Pope's authority to return. King Henry finding this injury dissembled, Buch. l. 7. went afterwards more plainly to work; An. 1165. for having desired Malcolm to come to London to do homage for the lands he held in England, he compelled him to follow him in the War he made upon France, Both. l. 13. thinking thereby to alienate the mind of the French King from the Scots. Again, when he had returned home, inviting him of new to a Parliament kept at York, upon a forged quarrel, as if he had crossed King Henry his affairs in France, he was declared to have lost all his lands in England: And not content to have wronged him in this sort, to stir up his own Subjects against him, made the report go, that King Malcolm had voluntarily resigned all those lands. Which did so irritate the Nobles, as presently after his return putting themselves in Arms, they did besiege the Town of Bertha, where the King remained, and had not failed to use violence, but that by the intercession of some wise Prelate's matters were composed. The Nobility being grieved to see the King so abused, did urge him to denounce war, but he loving rather to have matters peaceably agreed, was content to accept Cumberland and Huntingdon, and suffer Northumberland to go to King Henry. This displeased the Subjects, and diminished much of the regard that was formerly carried to him, which he took greatly to heart, and shortly after died, as was thought, of displeasure. The good King being thus taken away, Buch. l. 7. his brother William succeeded in the year 1165. The first thing he undertook, was the repetition of Northumberland; for which Ambassadors were sent to King Henry. His answer was, That he should have right done him at his coming to London, King William seeketh to have Northumberland restored. after he had performed his homage for the Countries he held in England. King William taking journey thither with David his younger brother, found the King at his Easter in Windsor: where insisting for the restitution of Northumberland, he had many good words given him, and promise made, that at the meeting of the Parliament a course should be taken to his content. In this hope he followed King Henry, going then in expedition to France, and stayed there with him some months; but when he perceived the King was not shortly to return unto England, and that he was said only with fair promises, he took his leave and came home. Presently after his return, he sent an Herald to denounce war, unless Northumberland were restored. King Henry being then engaged in the French wars, and not willing to make himself more business, was content to quit that part of Northumberland which King William his great Grandfather had possessed. Yet suddenly forethinking what he had done, he stirred up underhand those that lived in the Borders to make incursions upon the Scots. This being complained, and no redress made, King William raised an Army, King William surprised at Anwick. and went into England, and at Anwick as he was taking the air, suspecting no Enemy to be at hand, he was surprised by some English, and sent Prisoner to King Henry in France, Both. l. 13. who put him in the Castle of Calais in Picardy, where he was some months detained. A great dysaster this was, and how grievous to the whole State, may appear by the Articles condescended upon, for obtaining his liberty, which were: 1. That for his redemption there should be paid one hundred thousand pounds sterling money, the one half in hand, the other half after a short time; and for assurance thereof, the Counties of Cumberland, Huntingdon and Northumberland be mortgaged to King Henry. 2. That the Scots should move no war against England for retention of these Counties. 3. And for the more security the Castles of Roxburgh, Berwick, Edinburgh and Sterling should be delivered to the King of England, or unto such as he should appoint to receive the same. Hollinshed setteth down other Conditions besides these: as, Hollinshed History of Scotland. That the King of Scots should acknowledge the King of England for his supreme Lord; That the Prelates of Scotland and their successors should be subject to the Church of England; And that the Lords and Barons of Scotland should swear fealty to the King of England and his successors: which are mere forgeries, it being certain that the Scots, howsoever they loved their King, and for his liberty would not refuse to undergo very hard conditions, yet would never have renounced their liberties, maintained so long and with so much blood, An. 1175. and yielded themselves in any case to such a slavish subjection. Always the agreement concluded in Normandy the 8. of December 1175. by Richard Bishop of S. Andrews and divers Noblemen sent thither to treat in that business, was at August thereafter confirmed in York by both Kings, all the Bishops, Abbots, and Nobility almost of Scotland being present. In january thereafter at a meeting in Norham where King William was also in person, Buch. l. 16. 7. the King of England dealt earnestly to have the Clergy of Scotland accept the Archbishop of York for their Metropolitan; but they pretending the absence of many of their number, Sa. Daniel. and the want of the inferior Clergies consent, deferred to give any answer at that time. The next year the same matter was renewed, and followed earnestly by a Legate sent from the Pope, with Commission to reform the abuses he should find in the Churches both in England and Scotland. This Legate called Hugo, and styled Cardinal de sancto Angelo, having sent his Apparitors with a citation to the Bishops of Scotland, A meeting of the Scotish Clergy at Northampton. for their appearing before him at a certain day in Northampton, they went thither with a great number of their Clergy. The Assembly being met, and all ranked in their places, the Cardinal (who had his seat somewhat higher than the rest) made a long speech in commendation of humility and obedience, showing what excellent Virtues these were, and how much to be desired of men of spiritual profession; whereof when he talked a while, he came in end to persuade the Clergy of Scotland to submit themselves to the Primate of York: which he said was a thing very convenient for them, and would turn greatly to their ease and commodity; for having no Superior amongst themselves, nor Metropolitan to decide Controversies that possibly might happen, there could none be fitter than their neighbour the Archbishop of York, a Prelate of great respect, and one whose credit in the Court of Rome might serve them to good use; therefore besought them to lay aside all grudges and emulations, and dispose themselves to live in all times after, as members of one and the same Church. The Bishops who feared to offend the Legate made no answer, Gilbertus Canonicus his reply to the Legate: and after a long silence, a young Cannon named Gilbert rose up, and spoke to this effect: The Church of Scotland, ever since the faith of Christ was embraced in that Kingdom, hath been a free and independent Church, subject to none, but the Bishop of Rome, whose authority we refuse not to acknowledge. To admit any other for our Metropolitan, especially the Archbishop of York, we neither can nor will; for notwithstanding the present peace, which we wish may long continue, wars may break up betwixt the two Kingdoms; and if it shall fall out so, Both ibidem. neither shall he be able to discharge any duty amongst us, nor can we safely and without suspicion resort to him. For the controversies which you my Lord Cardinal say may arise amongst ourselves, we have learned and wise Prelates who can determine the same; and if they should be deficient in their duties, we have a good and religious King, who is able to keep all things in frame and order, so as we have no necessity of any stranger to be set over us: And I cannot think that either his Holiness hath forgotten, or you my Lord that are his Legate, Scon. l. 8. c. 16. can be ignorant of the late exemption, granted unto Malcolm our last King; since the grant whereof, we have done nothing which may make us seem unworthy of that favour. Wherefore in the name of all the Scotish Church we do humbly entreat the preservation of our ancient liberberties, and that we be not brought under subjection to our enemies. These speeches he delivered with an extraordnary grace, and in so passionate a manner, that all the hearers were exceedingly moved, the English themselves commending his courage and the affection he showed to his Country. But the Archbishop of York, who looked not for such opposition, called the young Cannon to come unto him, and laying his hand upon his head, said, Ex tua pharetra nunquam venit ista sagitta, meaning that he was set on to speak by some others of greater note. So the Legate perceiving that the business would not work, and that the opposition was like to grow greater, he broke up the Assembly. After which the Prelates returning home, Both. l. 13. were universally welcomed; but above the rest the Cannon Gilbert was in the mouths of all men, and judged worthy of a good preferment; and soon after was promoved to the Bishopric of Cathenes, An. 1178. and made Chancellor of the Kingdom. The year following one Vibianus a Cardinal (titulo sancti Stephani in monte Caelio) came into Scotland, Scon. l. 8. in show to reform abuses, and do some good to the Church, but in effect to extort moneys from Churchmen. For at this time it was grown to be an ordinary trick of the Popes, when they stood in need of moneys, to send forth their Legates unto all Country's, sometimes under a colour of reforming abuses, sometimes for the recovering of the Holy land, and sometimes upon other pretexts. This Cardinal having stayed a while in Scotland, took his journey into Ireland, and in his return would needs make a new visit of this Church; for which effect, he convened the Clergy at Edinburgh in the month of August, and established divers Canons; which the Clergy esteeming prejudicial to their liberties, did incontinent after he was gone revoke and disannul; but what these Canons were, our Writers do not remember. 18. It was a fatal year this to many of our Churchmen, The Archdeacon of S. Andrews elected Bishop. both Bishops and Abbots; amongst others Richard Bishop of S. Andrews deceasing, King William recommended Hugo, one of his Chaplains (whom he much favoured) to the Convent. But they taking another course made choice of the Archdeacon john Scot, who was an English born. The King displeased maketh his Chaplain to be choosed of new. The King displeased therewith, did swear by the Arm of S. Iames●this ●this was his ordinary oath) that so long as he lived Scot should never enjoy that place: So he sent a Command unto the Canons to make a new election, appointing joceline Bishop of Glasgow their assistant; and thus was Hugo his Chaplain elected. The Archdeacon appealed to Rome, The Archdeacon appealeth to Rome. and going thither complained of the wrong done to the Church, entreating the Pope for redress. Hereupon Alexius Subdean of the Roman See, was dispatched to try and examine the cause. At first the King made difficulty to admit him, but afterwards yielding, the two elections being tried by the Legate, sentence was given for the first; and jocelin Bishop of Glasgow with the rest of the Clergy that assisted the second, excommunicated. This done the Legate called an Assembly of the Bishops, Abbots, and whole Clergy at Haliroudhouse, and made Matthew Bishop of Aberdene publicly to consecrate the Archdeacon upon Trinity Sunday 1178. He not the less fearing the King's displeasure left the Realm, His journey thither. and went to Rome, where he was honourably entertained by Pope Lucius the third, who sent Letters to the King, Pope Lucius his Letter to the King. and admonished him not to usurp upon the Church, and to remit the Bishop who was lawfully elected and consecrated, to enjoy his place with quietness. This Letter the Story saith was conceived in mild terms, for the Pope feared to incense the King, lest he should follow the ensample of his Cousin Henry King of England, that some 8. years before had made away Thomas Becket Bishop of Canterbury for his obstinate and wilful opposition in some matters not unlike: yet the King nothing moved with the Letter, to make his displeasure the better known, did confiscate all the revenues pertaining to the See of S. Andrews, and banished those whom he understood to favour the Bishop's cause. The Pope advertised hereof, The Pope purposeth to interdict the Realm, is stayed by the entreaty of the Archdeacon. resolved to put the Realm under Interdiction. But the Bishop prostrating himself at his feet, besought him not to use any such rigour, saying, That he would much rather renounce his dignity, then have so many Christian souls for aught that concerned him, defrauded of spiritual benefits. The Pope highly commending the goodness and patience of the Bishop, held him from that time forth in more regard, The Bishop of Dunkeld dieth, and the Bishopric offered by the King to the Archdeacon. and at his request forbore the Interdiction. Mean while it happened that Walter Bishop of Dunkeld departed this life; whereupon the King taking occasion, sent to recall the Bishop with offers of great kindness, protesting that if it had not been for the oath he rashly made, he would willingly have contented to his enjoying of the See of S. Andrews: But seeing it did touch him in Honour and Conscience (as he esteemed) to be yielding thereto, he requested the Bishop to accept the Benefice of Dunkeld, which was then fallen void, and was in value not much inferior to the other. This the Bishop communicated to the Pope, who desired to have the matter quieted, advised him to return, An. 1188. and accept the offer. Thus was the Archdeacon by the Pope's consent preferred to Dunkeld, having the rents of the Archdeaconry reserved to him during his life, The Archbishop accepted Dunkeld. in recompense of his losses. Hugo this way coming to be possessed, Andrews took journey to Rome that he might be reconciled to the Pope, Bishop Hugo dieth. and being absolved for his intrusion, in his return died some six miles from the City of Rome, the 6. of August, 1188. ten years and ten months after his election. At this time news was brought from the East, of the prevailing of Sultan Saladine of Egypt against the Christians in the Holy land, which moved Philip the second of France, The Kings of England and France prepare to recover the Holy land. and Henry King of England, to undertake the recovery of the Holy land, and to employ all their credit and means, as well in their own countries, as with other Christian Princes their neighbours, for the furtherance of that enterprise. To befray the charges of the voyage, both Kings by consent of their Clergy and Nobles ordained, that all their subjects, both Clergy and Laity, (such excepted as went in the voyage) should pay the tenth of all their moveables either in gold or silver. King Henry having laid this imposition upon his subjects at home, sent Hugh Pusar than Bishop of Duresme with other Commissioners to collect the tenths of the Clergy and Laity in this kingdom: which the King and States, interpreting to be an encroachment upon their liberties would not permit, yet for advancing that holy action, Sa. Daniel. they did offer a supply of 5000. Marks sterling, which King Henry refused but the enterprise upon a quarrel that arose betwixt the Kings of France and England, was at that time dashed, and so the collection was no further urged. King Henry a little after this, Buchan. l. 7. ended his life, and Richard his son who succeeded, resolving to pursue the action of the holy War, to assure the King of Scotland, who he feared would take some advantage in his absence, restored all the Castles which were delivered to King Henry his Father, Sa. Daniel. and released him and his posterity of all Covenants made and confirmed by Charter unto King Henry, as extorted from him being then his prisoner, reserving only such rights to himself, as had been and were to be performed by Malcolm his brother to his Ancestors Kings of England. Lesl. l. 6. King William to requite his kindness, gave unto Richard ten thousand Marks sterling, King of Scots his kindness to the King of England. and caused his brother David (to whom he resigned the Earldom of Huntingdon) go in company with him. There went under his charge 500 Gentlemen, who were all in their return cast away by a tempest at sea, only the Earl himself having his ship driven upon the coast of Egypt, was taken prisoner, and led to Alexandria; where being redeemed by some Venetians, he was brought to Constantinople, and freed by an English Merchant in the City, that had known him in former times. From thence he returned safe unto his country, the fourth year after his setting forth, to the great joy and contentment of the King his brother, who took him to be lost. The part where he arrived being, as Boethius writeth, Both. l. 13. before that time called Alectum, had the name changed, and upon that occasion was called Dei donum. But the opinion of Buchannan is more probable, that the Town now called Dundy, is a compound word of Down and Tay. As ever this was, the Town there situated received many privileges of King William at that time for his brother's happy arrival, The Abbey of lundors founded. which to this day they enjoy. Likewise in memory thereof, was the Abbey of Lundors founded for the Benedictine Monks, and divers lands gifted thereto by the King and the Earl his brother. The King of England after many distresses being returned home, King william goeth to England to congratulate King Richard his return. King William to congratulate his safety went into England, where he contracted a great sickness; the rumour whereof being dispersed, and his death much suspected, gave occasion of divers insolences at home: amongst others Herald Earl of Orkney and Cathnes, upon a malice conceived against the Bishop of that country, (who as he alleged, had impeded the grant of some thing he demanded of the King) took him prisoner, The Bishop of Cathnes cruelly used by the Earl of the country. put out his eyes, and cut forth his tongue. This inhumanity the King at his return punished most severely; for the Earl being apprehended and brought to his trial, had his eyes in like sort pulled out, and was thereafter publicly strangled by the hands of the hangman; The King punished it severely. all his male children being gelded, to extinguish his succession. His kinsmen and others accounted accessors to the fact, for not rescuing the Bishop, were fined in great sums of money. This exemplary justice reported to Pope Innocent the third, he sent unto the King by his Legate joannes Cardinalis de monte Celio, Buchan. l. 7. a sword richly set with precious stones, a purple hat in from of a diadem, Pope Innocent the third his thanks to the King for the justice of execution. and a large Bull of privileges, whereby the Church of Scotland was exempted from all Ecclesiastical censures, the Pope himself and his Legate à latere only excepted. It was also declared, That it should not be lawful to any to excommunicate the King and his successors, or yet to interdict the kingdom, but the Pope or his Legate: and that no stranger should exercise any legation within the Realm, except a Cardinal, or such a one as the Conclave did appoint. This Bull is yet extant, and beginneth thus. Innocentius Episcopus servus servorum Dei, charissimo filio Gulielmo illustri Scotorum Regi e●usque successoribus. This Cardinal before his departing forth of the Realm, A Convocation of the Clergy at Perth. kept a Convocation of the Clergy at Perth, in which all the Priests were deposed, who were found to have taken Orders upon Sunday; The Abbot of Dunfermlin called Robert was removed from his place, Both l. 13. (the cause whereof is not mentioned) and one Patrick Superior of Dur●sme, Lesl. l. 8. appointed Abbot in his stead. In this convention also it was decreed, That every Saturday from twelve of the clock should be kept as holy day, Saturday from 12. of the clock, to be kept as holy. and that all people at the sound of the Bell should address themselves to hear service, and abstain from all handy work until Monday morning. After this meeting he took journey into Ireland, taking with him Radolph Abbot of Melrosse, a man of good respect, whom he preferred to the Bishopric of Down, which at his coming thither happened to fall void. Bishop Hugo dying, An. 1189. Roger son to the Earl of Leicester succeeded; he had been Chancellor to the King, Bishop Roger succeedeth to Hugo after his death. and at his election to the Bishopric, resigned the office to one of the King his Chaplains. For in those days the office of a Chancellor was not in that reputation, to which afterwards it grew; in some old Records I find at one time two officers in that kind, the one called Cancellarius Regis, the other Cancellarius regni; but which of the two was in greatest dignity I know not, nor in what their charge did differ; only my conjecture is, that he who is now the writer of the Great Seal, and is called The director to the Chancellary, was then styled Cancellarius Regis. But remitting this to others of greater skill, Roger consecrated in the year 1198. dieth in july, 1202. Ten years this Roger stood elect, and was not consecrated before the year of God 1198. at which time Richard Bishop of Murray performed the ceremony; the reason of the delay is not mentioned by writers: four years only he lived after his consecration, and died at Combuskenneth the ninth of july, 1202. his corpse with great solemnity convoyed to Saint Andrews, was interred in the old Church of Saint Rewle. 20. William Malvoisin Bishop of Glasgow, William Malvoisin translated from Glasgow to S. Andrew's. a Frenchman born, was after the death of Roger, by the King's recommendation, translated to S. Andrews, a man of singular wisdom and courage; he lived a long time for he sat Bishop after his translation 35. years) and governed the Church most happily. The rends alienated by his predecessors, or lost by their negligence, Scon. l. 8. he recovered to his See, advanced the fabric of the Church (which was then a building) more than any that went before him, and suffered no man, of what quality soever he was, to usurp upon the Church or possessions of it. Some years after his translation, King William died at Striveling, to the great regret of all men, especially those of the Clergy, to whom he had been very beneficial; Pasl l. 6. c. 27. for besides the Abbey of Aberbrothock, which he founded to the memory of Thomas Becket, King William dieth, his pious devotion. then generally held to be a Martyr and Saint; he gave divers lands to the See of Argyle, which had been in his time erected; and to the Monasteries of Newbottle, Both l. 13. Halyrudhouse, and Dunfermlin, many richgifts; as likewise for the Trinity Monks of Aberdene, Buchan. l. 7. an Order lately invented, and then confirmed by Innocentius the third, he made a competent provision. Never were the funerals of any of our Kings performed with greater solemnity. All the Prelates and Nobles of the kingdom attending the corpse from Striveling to Aberbrothock, where he had appointed his body to be buried. There they continued 14. days, spending that time in the devotions accustomed; and before their parting by a common consent ordained, An. 1214. that for a year thereafter no public plays, nor feasts should be made in any part of the kingdom; such a sorrow they showed, notwithstanding he had reigned long, and died being of a great age, for it was the 74. of his age, and the the 49. of his reign when he departed this life. The funerals ended, King Alexander the second Crowned at Scone. his son Alexander the second, accompanied with all the Prelates and Nobles of the kingdom, went to Scone, and received the Crown by the hands of the Bishop of Saint Andrews. This King did no ways degenerate from the virtues of his predecessors, and was a great protector of the Church against the rapines and extortions of Rome. Both l. 7. Guallo, others call him Waldo, a Cardinal sent Legate into England by Pope Innocentius the third to assist King john, Buchan. l. 13. who was then become his vassal, The Kingdom interdicted by the Pope's Legate. did put the kingdom of Scotland under interdiction, because the King had supplied the French in his invasion of England, and as he pretended, rob some Churches and religious places in his return from that war. The Churchmen ceasing by this occasion from their ordinary services, Scon. l. c. 33. no religious exercise was performed by any through the whole Realm, The privilege of the white monks suspended. but the white Monks, whose privilege did warrant them to celebrate at such times; which the Legate hearing, did suspend, inhibiting them by one Weshbeck Archdeacon of York to do any service under pain of the highest spiritual censures, till the rest of the Clergy were absolved. But King john dying, and Henry his son Crowned, by mediation of certain Prelate's peace was made betwixt King Alexander and him upon the conditions following: Peace concluded betwixt the King and Henry the third of England. That joan the sister of Henry should be given in marriage to Alexander King of Scots, and Magaret his sister to Hubert de Burgh Justiciar of England, (the man who then ruled all affairs) That Berwick should be rendered to the Scots, and Carlisle to the English; The Kingdom of Scotland absolved from the interdiction. The King of Scots absolved from the Legates censures, and his kingdom released from the Interdiction. For performing the last Article, the Bishops of York and Salisbury, (by whose means especially the peace was concluded) had Commission given them by the Legate, which presently they discharged. But Guallo being displeased that the Interdict had passed so easily (for he was a man extremely avaricious, Both l. 13. and one who made his profit of every business) since he could not retreat what was done, Buchan. l. 7. took him to the Clergy, saying, That the absolution granted did not comprehend them; and thereupon did summon them to appear before him at Anwick. The Diet was kept, and thither went all the Bishops, Abbots, Priors, and beneficed men in great numbers; Absolution was offered, but not without the payment of large sums; which were at first denied, but after some menacings, that he should make them answer it at Rome, the most out of fear did transact. A few Prelates only standing out, went afterwards to Rome to justify their Cause. With the inferior Churchmen he took a course, in show beneficial, and for their ease; The course taken with the inferior Churchmen. that some one or two should go with Commission and absolve them in their own Provinces at home; but it turned to their great molestation; for the Prior of Duresme and Westbeck the Archdeacon, who were employed in that business, beginning at Berwick, went through all the Realm and making the Priests and Canons convene at the principal City of the bounds, Scon. l. 9 c. 32. caused them to take oath, that they should confess themselves, and answer truly unto every particular enquired of them; which done, and their several depositions taken, what by terrifying some with deprivation from their places for faults confessed by themselves, what by wearying others with the protractions they made from day to day, great sums were extorted from them, and the poor Priests forced, notwithstanding all this oppression, to go barefooted to the door of the principal Church, where they were convened, and ask their absolution in a most base and abject form. The Clergy offended herewith, sent Walter Bishop of Glasgow, Brice Bishop of Murray, The Scots Clergy complain of the Legates extortions. and Adam Bishop of Cathnes to complain at Rome; where finding Pope Innocent dead, and Honorius the third preferred in his room, they exhibited in name of the Church of Scotland a grievous complaint against Guallo, charging him to have been the especial cause of these miserable combustions, which both the kingdoms had endured, to have abused his legation unto his private commodity, and to have extorted moneys from Churchmen and others, An. 1219. under colour of absolution. Guallo brought to his answer, because he did not clear himself sufficiently in divers points, was declared not to have carried himself as became his Holiness Legate, Buchan. l. 7. and fined in a pecuniary mulct: so as he escaped by dividing the spoil which he had made in those parts) betwixt his Master and himself. The Bishops who preferred the complaint, were upon confession of their fault absolved one of the Cardinals who stood by, Scon. ibide●. scornfully commending their humility, and saying, Quòd piarum mentium esset crimen agnoscere, ubi nec culpa reperitur, That it was the part of devout men to acknowledge an offence, even where no fault was committed: and for some recompense of their pains, a confirmation was given them of the old privileges granted to the Church of Scotland by four Popes. This privilege is dated at Rome in the year of Christ 1218. and in the second of Pope Honorius his Pontificat. Yet the next year Egidius a Spaniard by nation, and by place a Cardinal, was sent to gather contribution for the holy war; wherein both the Clergy and Laity showed themselves so forward, as in a short space great sums were collected: all which he spent most prodigally in his return to Rome, giving out for an excuse that he was robbed by certain Brigants in the way. And no sooner was this Cardinal gone, The King offended with the contributions of Rome. than another followed, having the like Commission; but the King considering how prejudicial these contributions might prove to the kingdom, and that through the easy yield of the State, the See of Rome was grown impudent in their exactions, would not permit him to enter into the Realm, till he had propounded the matter in Council: at which time one of the Bishops (his name is not expressed in the story) made a long speech against the rapine of these Legates; where in recounting the insolent oppressions of Guallo, and the riotous profusion of Egidius, The Pope's Legate discharged from entering into Scotland. he dissuaded by many good reasons his admission, or the receiving of any other who should afterwards happen to come about the like business. This speech seconded with the applause of all that were present, an Act was made prohibiting the reception of the Legate, or any others without licence from the King. The Bishop of St. Andrew's being all this while in France, Orders of S. Dominick and Francis, brought into Scotland. did now return bringing with him some of the order of S. Dominick, some Franciscans, jacobins, and of the Monks called Vallis umbrosae. These Orders not being known before in this Church, by their crafty insinuations with people, and the profession they made in leading an austere life, did supplant the credit of the Priests, drawing to themselves all the force and credit of the spiritual Ministry, and were upheld by the Popes, whose designs they studied especially to advance. The King, who looked no further than the devout profession they made, Scon. l. 10. c. ●. Foundation of religious houses. gave them all a kind reception, and to the Monks Vallis umbrosae, he erected a Monastery in Pluscardy within the country of Murray. In the country of Rosse, the Lord Bisset founded Beawly for Monks of the same order; And one Maccolloch a man of great wealth, did found the Priory of Archatton in Lorne. About the same time did Ada or Adhama Grandmother to the King, found the Abbey of Haddington for consecrated Virgins. The like was erected at Northberwick by Malcolm Earl of Fife, who also founded the Abbey of Culrosse for the Cistercian Monks. Dornagilla the daughter of Allan Lord of Galloway erected for the same order a Monastery at New Abbey; Gilbert Earl of Stratherne his donations to the Church. and by a rare example, Gilbert Earl of Strathern, having divided his inhereitance in three parts, gave one third thereof to the See of Dumblane, and another to the Abbey of Inchaffray, reserving to himself and his heirs a third only of the whole. Scon. l. 8. c. 73. Shortly after in the year 1327. died William Malvoisin at Inchmurtach, and as he himself had directed, was buried in the new Church of S. Andrew's. 21. Galfrid Bishop of Dunkeld, An. 1238. being earnestly desired both of the Clergy and Laity, David the King's Chamberlain elected Bishop upon Malvoisin his death. the King would not permit his translation: so David Benham Chamberlain to the King was elected, and on S. Vincents day in the year 1238. consecrated by William Bishop of Glasgow, Gilbert Bishop of Cathnes, and Clement Bishop of Dumblane. This Bishop kept a severe hand over the Clergy, especially the Monks and others that lived in religious Orders; and calling an assembly by the King's consent at Perth in the 1242. (where the King himself with divers of the Nobility did assist) made many good Constitutions as well for reformation of abuses, as for securing of Clergy men in their possessions and rights. In his time fell out great troubles betwixt the Emperor Frederick the second, and Pope Gregory the ninth; for which a general Council was called by the said Gregory at Rome, and thither were summoned all the Bishops of Christendom. The pretext was, the relief of the Holy land, which at that time was in great distress; but Frederick apprehending the intention to be against himself, resolved to hinder the meeting of the Council, and having belayed the ways, made the Bishops of S. Andrews and Glasgow prisoners, as they traveled through Germany. Upon their promise to return home, they were afterwards set at liberty: not the less they sent their procurations thither by some religious persons, who took another way; but the Council held not, because of the Pope's death that intervened. Some few years after this King Alexander deceased at Carnire in the West Isles; King Alexander the second buried at Melrosse. and, as he had appointed, was interred in the Abbey Church of Melrosse, with an Inscription according to the rudeness of the time, yet such as showed how greatly he was beloved of his Subjects. Ecclesiae clypeus, His Epitaph. pax plebis, dux miserorum, Rex rectus, rigidus, sapiens, consultus, honestus. Rex pius, Rex fortis, Rex optimus, Rex opulentus. Nominis istius ipse secundus erat. Annis ter denis & quinis Rex fuit ipse. Insula quae Carneri dicitur hunc rapuit. Spiritus alta petit Celestibus associatus, Sed Melrossensis ossa sepulta tenet. His son Alexander the third by Maria the daughter of Sir Ingram de Consey (for his first wife died without children) succeeded, King Alexander the third crowned. and was crowned of eight years old; at the age of ten years he was married to Margaret the daughter of Henry the third of England, Sa: Daniel in the life of Henry the third. The marriage being solemnised at York, and the Bishop of Saint Andrews sent thither with others of the Nobility to see all things duly performed, fell there in a Fever, and departed this life on the first of May 1251. his Corpse brought from thence was buried in the Abbey Church of Kelsoe, Scon l. 10. c. 8. some thirteen years and three months after his Consecration. 22. The Prior and Canons' convening to elect a new Bishop, Abel Archdeacon of S. Andrews elected Bishop after David. did all give their voices to Robert Sutevile Dean of Dunkeld, a man of great virtue and learning; but this election took no effect; Abel Archdean of S. Andrews by the favour of some that ruled the Court, having procured an inhibition to the Bishop to proceed in the Consecration, with a Mandate to the Canons to make a new election. The Chapter refusing made their appeal to Rome, and Abel posting thither, by the bribes he bestowed in that Court, got himself preferred, and was Consecrated by Pope Innocentius the fourth. At his return, Abel his rigour exercised upon the Canons. to be revenged of the Prior and Canons, he behaved himself well insolently, calling them in question for every light occasion, and censuring them with great rigour; whereupon he became extremely hated. They write of him that in a vainglorious humour, as he was walking in his Church one day, he did with a little Chalk draw this line upon the gate of the Church; Haec mihi sunt tria, Lex, Canon, Philosophia; Bragging of his knowledge and skill in those professions: and that going to Church the next day, he found another line drawn beneath the former, which said, Te levant absque tria, fraus, favour, vanasophia. This did so gall him as taking bed he died within a few days, having sate Bishop ten months and two days only. 23. After Abel's death Gamelinus was elected to govern the See, An. 1255. and by a warrant from Rome was consecrated on S. Stephen's day, in the year 1255. Two years he stood elect, Gamelinus' elected Bishop upon Abel's death. his consecration being stayed by the Rulers of the Court, who had sent also to Rome for cassing his election. A time this was (such as usually falleth out in the minority of Princes) full of chopings and changes. Under the last King the Cummings had ruled all public business, Pasl. l. 6. for they were of great power, the Earls of Monteth, Both. l. 13. Bugha●, Athol and Marre being all of that name, besides thirty two Barons and Knights. Robert Abbot of Dunfermlin Chancellor of the Kingdom for the time, Buch. l. 7. inclining to their course, had legitimated a base sister of the Kings who was married to one Allan Dooroward, and for the same was put from his place, Gamelinus being preferred thereto; but he enjoyed the same a short space, for upon some discontents he was likewise thrust out, and Richard Bishop of Dunkeld made Chancellor. This made the Court to oppose Gamelinus his election; not the less he prevailed by his gifts at Rome, and procured a warrant to William Bishop of Glasgow to proceed to his Consecration. The Court highly displeased at this, The Court displeased with the Bishop. there fell out another occasion which did greatly incense them against him; a Knight called Sir john Dinmure for some oppressions committed upon the Prior of S. Andrews was excommunicated; he complaining to the King obtained by Moyen a command to Gamelinus to absolve him; who simply refused, unless satisfaction was made for the offence; and because no redress was offered, a new intimation was made of his cursing through the whole Province. A Legate sent from Rome. This the King and the Court took so ill, as forthwith a messenger was sent to charge the Bishop to depart forth of the Realm; which as he was preparing to obey, the news of a Legate sent from Rome into England, made the Court take a more moderate course, fearing the consequence of so rigorous a proceeding. This Legate called Ottobon being employed for pacifying the troubles raised betwixt the King of England and his Barons, Scon. l. 2. c. 24. did summon the Clergy of Scotland to appear before him by their Commissioners, Both. l. 13. and to bring with them a Collection of four Marks for every Parish within the Realm, and six Marks for every Cathedral Church. The Clergy meaning themselves to the King, he did prohibit any such Contribution, and sent his Chancellor to the Bishop of Dunkeld, and Robert Bishop of Dumblane, partly to declare the reasons of his prohibition, and partly to observe the proceedings of the Legate with these of England. At their return some Acts were showed, which the Legate had set down to be observed by the Clergy; all which they rejected, saying, That they would acknowledge no Statutes, but such as proceeded either from the ●ope, or from a General Council. Ottobon was not well gone, Buch. l. 7. when another Legate named Rustaneus was sent to demand a tenth of all the Church rends within the Kingdom, Both. l. 13. for advancing the journey of King Henry's son, who had undertaken the holy War at the solicitation of Ottobon: but this seeming to cross the liberties granted by former Popes unto the Church, and it being notorious, that the Pope was to employ the moneys to other ends, (for he was then warring against Manfred King of Naples and Sicily) therefore the same was denied, and Rustane prohibited to enter into the Realm. The King not the less in token of his affection sent to the Pope 100 Marks sterling; and for the furtherance of the holy War did levy 1000 men, which he sent to Lewes the French King, who had determined to adventure himself of new against the Infidels, under the charge of the Earls of Athol and Carrick. All these died in that War, partly of the plague, as did Lewes himself, and partly by the sword of the Enemy. In this Bishop's time the Carmelite Friars came into Scotland, The Carmelite Friars received in Scotland. and had a dwelling assigned them at Perth, by Richard Bishop of Dunkeld. The Crosse-Church at Peblis was at that same time built, and endowed by the King with large Revenues: The reason why this Church was erected, Crosse-Church at Peblis erected. was a Cross, as they write, found in that place enclosed in a little Shrine, on which the name of Nicolaus a Bishop was written. The Church was dedicated with many pompous Ceremonies, Both. l. 13. divers Prelates being present, Scon. l. 30. amongst whom was Gamelinus, who at his return home was taken with a Palsy, and died in Inchmurtach, having sate Bishop 16. years: his Corpse was laid in the new Church of S. Andrews nigh to the high Altar. An. 1271. 24. William Wishart elect of Glasgow was upon the death of Gamelinus preferred to S. Andrews. William Wishart elected Bishop upon Gamelinus his death. Pope Urban the fourth had not long before ordained, That every Bishop and Abbot elect should travel to Rome for Consecration; but the Papacy then vacant by reason of a Schism, that continued two years and nine months after the death of Clement the fourth, Scon. l. 10. c. 30. he was unwilling to go thither; four other Prelates being kept there depending at the same time: Pasl. l. 6. William elect of Brichen, Matthew elect of Rosse, Bishop's attending a Rome for Consecration. nicol elect of Cathnes, and Hugh Benham elect of Abredene. The elect of Brichen died at Rome, Aberdene and Rosse were consecrated by Gregory the tenth upon the ending of the schism at Viturbium, nicol was rejected, and the Chapter of Cathnes appointed to make a new election. The Agents that Wishart sent for licence to be consecrated, were detained a long time, and had returned without effectuating their errand, if Edward the first of England, who coming from the Holy land was then at Rome, had not by his intercession prevailed with the Pope, and obtained licence for the consecration, which was performed at Scone in the year 1274. in the presence of the King and divers of his Nobles. At the same time, William Fraser Dean of Glasgow, was preferred to be Chancellor. The Pope shortly after this having convocated a Council at Lions, A Council at Lions. caused cite all the Prelates thereto; to this effect a meeting of the Clergy was kept at perth, where it was concluded, Scon. l. 10. c. 34. that the Bishops (Dunkeld and Murray only excepted) should address themselves to the journey, and be at Lions before the first of May. Hopes were given of great reformation to be made in that Council, especially of the Orders of Mendicants, who were mightily increased and grown to the highest of depravation. The Council was frequent, there being present (as my Author saith) two Patriarches, fifteen Cardinals, five hundred Bishops, and a thousand other mitred Prelates, besides the King of France, and the Emperor of Greece, and many other Princes. The first proposition was for the holy war, A supply for the holy War. and concerning it the Council decreed, That a tenth of all the Benefices in Christendom (the privileged Churches not excepted) should be paid for six years; That all Penitentiaries and Confessors should urge offenders to assist that holy business with their wealth and riches; and that every Christian, without exception of sex or quality, should pay a yearly penny during that space, under pain of excommunication. For remedying abuses in the Church, The Acts of the Council. the Council ordained, 1. That no procurations should be paid to Bishops or Archdeacon's, unless they did visit the Churches in their own persons. 2. That no Churchman should possess more Benefices than one, and should make his residence at the Church he retained. 3. That without the Pope's licence no Clergy should answer the impositions, which might happen to be laid upon them by Princes or States. 4. That the Mendicants should be reduced to four orders, the Minorites, the Predicants, Carmelites, and Heremites of S. Augustine, who should continue in their present state, until the Pope should otherwise think good. And 5. a geneprohibition was made to advise or admit any new orders, besides those which the Council had allowed. Some other Acts of less moment were passed, All the Acts overturned by dispensations. whereof the extract under the hands of the public notaries of the Council was sent to this Church; but all these statutes turned in a short time to smoke: pluralities being of new dispensed with, with the clause of Non obstante, which then first came in use. The orders of the Friars and Monks restored one by one, as first the Cistertian Monks, who redeemed their order by the payment of 500000. Marks; Scon. l. 10. c. 35. then the Bernardines with the sum of 600000. Crowns: the other Orders made in little sort their Compositions. Whereby it appeared, that the statutes there enacted were only devised to raise sums of money, and not out of any purpose those Fathers had to redress abuses. The same year was one Bagimund a Legate directed hither, who calling before him all the Beneficed persons within the kingdom, caused them upon their oath give up the worth and value of their Benefices; according to which they were taxed. The table (commonly called Bagiments rolls) served for the present collection, and was a rule in after times for the prizes taken of those, that came to sue for Benefices in the Court of Rome. Wishart not long after his return from this Council, An. 1279. being employed by the King and State in a Commission of the Borders sickened at Marbotle in Teriotdale, and there died. Bishop Wishart dieth. He is commended to have been a man careful in his charge, and a great lover of peace, Scon. l. 10. c. 31. than which there is no virtue more required in a Churchman; he continued Bishop 5. years and 8. months only, his corpse was honourably conveyed from Marbotle, and interred in his own Church nigh to the high Altar in the year 1279. There lived in the kingdom at this time Michael Scot and Thomas Lermouth men greatly admired, Michael Scot and Tho. Lermouth. the first for his rarest skill in the secrets of nature, the other for his predictions, Buchan. l. 13. and foretelling of things to come. Picus Mirandula, and Cornelius Agrippa do make honourable mention of Michael Scot in their writings, Lesl. l. 6. and account him to have been a subtle Philosopher, and most expert in the Mathematic sciences. The prophecies yet extant in the Scottish Rhymes of the other, whereupon he was commonly called Thomas the Rymer, may justly be admired, having foretold so many ages before the union of the kingdoms of England and Scotland, in the ninth degree of the Bruces blood, with the succession of Bruce himself to the Crown being yet a child, and other divers particulars, which the event hath ratified and made good. Both in his story relateth his prediction of King Alexander's death, Both l. 13. and that he did foretell the same to the Earl of March the day before it fell out; saying, That before the next day at noon such a tempest should blow, as Scotland had not felt many years before. The next morning, the day being clear, and no change appearing in the air, the Nobleman did challenge Thomas of his saying, calling him an Impostor: he replied, that noon was not yet passed. About which time, a Post came to advertise the Earl of the King his sudden death. Then said Thomas, This is the tempest I foretold, and so it shall prove to Scotland. Whence, or how he had this knowledge can hardly be affirmed, but sure it is that he did divine and answer truly of many things to come. 25. William Fraser Chancellor of the kingdom, William Fraser elected Bishop after Wishart. was after Wishart elected Bishop, and going to Rome was consecrated by Pope Nicolaus the third, in the year 1280. The office of Chancery upon his resignation was given by the King to M●. john Pebbles Archdeacon of S. Andrew's. At his return from Rome a pestilential fever (never before known in this kingdom) broke up to the destruction of an infinite number of people. This visitation was scarce ceased, when all the King's children were taken away one after another; Buchan. l. 7. first David his youngest son died, than Alexander the Prince, who had married a daughter of the Earl of Flanders, after him Margaret Queen of Norway, The death of of King Alexander the third and his children. who left behind her one only daughter; and last the King himself, who had taken to wife (after the death of his Queen) jolet a daughter to the Count of Dreux in hope to restore his issue, was most unfortunately killed by the fall of his horse, a little space from the town of Kingorne. So many deaths falling out together in the Royal family, Two Knights of Fife directed to the maid of Norway, whom they found dead. did presage great calamities to ensue. The only hope that remained, was in the Norvegian maid, for whom Sir David Wemis, and Sir Michael Scot, two Knights of Fife, were directed by the Estates. The administration of affairs was in the mean time committed to William Fraser Bishop of S. Andrew's, Duncan Earl of Fife, and john Coming Earl of Bughan, for the countries on the North side of Forth, and to Robert Bishop of Glasgow, john Lord Coming, and john Lord Stewart for the South parts; but it was not long before that these Gentlemen that were sent to Norway returned, Both l. 14. bringing word that the maid of Norway was likewise departed this life. Buchan. l. 8. At which news it cannot be told whether the fears or sorrows of the subjects were greater: for as their sorrow for the loss of so worthy a King was great, so their fear was no less, because of the uncertainty of the succession: Competitors for the Crown. for so many Competitors (six they were in number) claiming the inheritance of the Crown, and all of them men of power and friendship, they could not but divide the Realm, and so beget a civil war; yet they who were trusted during the interreigne, did by their mediation work them to a compromise, and to remit the decision of the controversy to King Edward the first of England, a Prince of long experience, and much respected in that time. To this purpose the Bishop of Brichen, with the Abbot of jedbrugh, and Galfred Mowbray a Gentleman were sent to King Edward, who finding him at Xantoign in France, did expone to him the inconveniences that were feared to fall out in the kingdom, Scon. l. 11. c. 2. and the course they had taken to prevent the same, entreating his help for quieting the State. King Edward glad to have an hand in the making of a King in Scotland, King Edward his speech at the meeting in Norham. dimitted them with many loving words, assigning a Diet to the Competitors at Norham upon Tweed, which he promised to keep; The day come, and the Competitors all present, with the Prelates and other Nobles, the King by a long and premeditated speech, declared, That albeit he might justly claim the superiority of the kingdom of Scotland, as belonging to him by right, yet as a friend, and arbiter elected by themselves, he would labour to compose the present controversy in the best sort he could; for the right, said he, howsoever there be divers pretenders, belongeth to one only; and for myself, I determine to wrong no man, but to do that wh●ch is just, assuring myself, you will all acquiesce and take him for King, who shall be pronounced so to be. This said, Robert Bishop of Glasgow his reply. Robert Bishop of Glasgow arose, and gave the King most hearty thanks in name of the rest, for the good affection he bore to their country, and the pains he had taken to come, and remove their debates; showing that out of a persuasion they all had of his wisdom, Scon. l. 11. c. 10. and equity, they were well pleased to submit to him as sole Arbiter, the judgement and decision of that weighty affair. But where it had pleased him to speak of a right of superiority over the kingdom; it was sufficiently known that Scotland from the first foundation of the State, had been a free and independent kingdom, and not subject to any other power whatsoever. That their ancestors had valiantly defended themselves and their liberties against the Romans, Picts, Britain's, Danes, Norishes, and all others who sought to usurp upon them; and howbeit, said he, the present occasion hath bred some distraction of minds, all true hearted Scotch men will stand for the liberty of their country to the death: for they esteem their liberty more precious than their lives, and in that quarrel will neither separate nor divide; wherefore as he had professed in way of friendship, and as an Arbiter elected by themselves to cognosce and decide the present controversy, they were all in most humble manner to entreat him, that he would proceed to determine the question, which they and their posterities should remember with their best affections and services. King Edward, although he was not well pleased with the Bishop's free speech, made no speech thereof at the time, but continuing his purpose, The right of the Crown found to lie betwixt Balliol and Bruce. Buchan. l. 8. desired the competitors to be called. They all being severally heard, the right was found to lie chiefly betwixt john Balliol and Robert Bruce, and the rest ordained to cease from their claim. Of Balliol and Bruce an oath was taken, that they should abide by the sentence which King Edward should pronounce. The like oath was taken by the Prelates, Nobles, and other Commissioners of the State, who swear all to accept him for their King, that should be tried to have the best right; and for the greater assurance, all their Seals were appended to the Compromise. Then Edward proceeding, made twelve of either kingdom, men learned in the Law, to be elected for examination of the right, declaring that he would take the opinions also of the best Civilians in the Universities of France. In this sort was the business carried in public, but privately, and amongst some few, the consultation was how to bring Scotland under his subjection. Five years and some more were spent before the controversy was brought to an end, A meeting at Berwick for determinating the right. at last every one longing to have it concluded, the King returned to Berwick, and calling the 24. who had been named at the first meeting; he did enclose them within the Church, Sa. Daniel. commanding them to debate the matter, and permitting none to have access unto them, Both. l. 14. he himself went in now and then to feel their minds, and perceiving the most part inclining to Bruce his right, he dealt first with him, promising to invest him in the kingdom, Bruce refuseth the offer, which Balliol embraceth. so as he would hold the same of the Crown of England. Bruce answered that he was not so desirous of rule, as he would therefore prejudice the liberties of the country. The like offer he made to Balliol, who being more greedy of a kingdom, then careful of his honour, did yield thereunto, and so was Crowned King at Scone; all the Nobility, Bruce excepted, doing him homage. Some days after his Coronation he went to Newcastle, to do the homage (as he had promised) to King Edward as unto his Sovereign Lord. The Nobles that accompanied him thither, fearing to withstand the two Kings so far from home, Balliol hated for swearing subjection to the King of England. Buchan. l. 8. did likewise swear subjection to King Edward. Which as soon as the rest of the Nobility and others of the State (who were tender of their country's liberty) understood, they grew highly displeased: they that were in Balliol's company were excused, as not daring oppose the fact in that place; but he himself having done it upon a secret paction, which then began first to break out, he became so universally hated, as after that time could he never purchase their love; nor was it long before he felt the smart of his own error. For being cited to answer before the Parliament of England, upon a complaint exhibited against him, he appeared; and having desired to answer by Procurator, the same was denied him, and he forced to descend to the ordinary place of pleading, and stand as a subject. This affront did so vex his mind, Balliol breaketh with England. that from thenceforth he did meditate upon nothing but revenge, whereof a good opportunity was offered him by the war, which then burst forth between France and England. The Ambassadors of both these Kings coming at one time into Scotland, Ambassadors from France and England. (the French to seek the renewing of the ancient League, and the English to crave a supply of men to be sent unto King Edward, by virtue of the late allegiance sworn by Balliol) the desire of England was utterly rejected, as unjust; Because the allegiance sworn by their King was, as they said, forced; and granting, he had done it willingly, it was not in his power, without consent of the State, to do any such act. Therefore whatsoever was done by him that way, both he and they did recall, renouncing Edward's friendship, both for that and other wrongs committed by him. Thereupon it was concluded, that two Ambassadors should be sent, one to France for renewing the League, and confirming it by new alliance of Edward Balliol the King's son with the daughter of France; another to England for defying King Edward, and renouncing his allegiance. Both. l. 14. Towards France, William Bishop of S. Andrew's, Matthew Bishop of Dunkeld, Scon. l. 11. c. 18. Sir john Sowlis, and Sir Ingram Umphraville Knights, were employed. The Ambassador to England being declined by many, Henry Abbot of Aberbrothock, a man of great stomach, undertook and performed. Upon this defection of Balliol, Balliol cited to Newcastle. King Edward summoned him to appear at Newcastle; and upon his refuse entered into Scotland with a mighty Army, took Berwick with the slaughter of 7000. Scots, and had delivered into his hands the Castles of Dumbar, Roxburgh, Edinburgh, and Striveling. Balliol thus overthrown, was again by the persuasion of john Cumin of Strathbogy, Scotland invaded by King Edward. brought to submit himself, and swear fealty of new to King Edward. After which, the Parliament of Scotland was called to meet at Berwick, there did all the Nobility that were present, perform homage to the King of England. Buchan. l. 8. William Douglas, a man nobly born, and of great courage, Both. l. 14. only refused, and was therefore cast in prison, where he died. This done, King Edward turned home, leaving john Warren Earl of Surrey and Sussex, Governor of the kingdom, Hugh Cressingham Treasurer, and Ormsley chief Justice. The Bishop of S. Andrew's who was lately come from France, not enduring to see the country so thralled, returned thither, appointing Mr. William Knigorne; and Peter de Campaigne his Chaplains to supply his absence in all spiritual affairs; Robert Bishop of Glasgow, The Bishops of Glasgow and Isles sent prisoners to London. and Maurice Bishop of Isles, were taken and sent prisoers to London. The rest of the Churchmen, though permitted to attend their Cures, were held under miserable bondage: whereupon they secretly dispatched a message to the Pope with William Archdeacon of Lothian, Baldred Bisset, and William Egishame, A message sent to the Pope from the Clergy. willing them to lament the oppressions of the Church, and the usurpation made upon the country, and so entreat him as the universal Father of Christendom; to use his authority with the King of England, ever whom he had power, and take the matter to his own hearing, Scon. l. 11. c. 36. unto whose judgement they would simply submit themselves. Pope Boniface the eighth, The Pope's letters to King Edward and the Archbishop of Canterbury. who then ruled that See, moved with their prayers, sent immediately to Edward, and desired him forbear any further proceeding against the Scots, alleging with a strange impudence, the Sovereignty of Scotland to belong unto the Church. The Commissioners nothing pleased with the Pope's claim, did notwithstanding forbear to take notice of it, lest they should make him also their enemy. An. 1300. To the same purpose did the Pope write letters to Robert Winchelsey then Archbishop of Canterbury, willing him to deal with the King for settling the Bishops of Glasgow and Isles at liberty, and the submitting of all controversies between him and the Scots to the judgement of the Apostolic See. King's Edward's answer to the Pope's letter was, King Edward his answer. That from all antiquity the direct and superior dominion of Scotland did appertain to the Kingdom of England, even from Brutus unto his own time. That it was never yet heard that the Kingdom of Scotland belonged to the Church, nor did he think the Scots would confess so much. And that if he should yield to his desire, he would unquiet his own Kingdom, and draw upon himself the hatred of his subjects; which he knew his Holiness would not wish. Therefore prayed him to hold him excused, and to be persuaded of his affection to the See Apostolic. He moved likewise his Nobility, who were then met in Parliament at Linclne, to write to the Pope to the same effect. Albeit somewhat more roundly they told him, That the King their Lord ought not to undergo his judgement in matters of that kind, neither send his Procurators about that business as he had been required, seeing that was to call in doubt their King's title, to the prejudice of his Crown, the royal dignity, the liberties, customs, and laws of England, which by their oath they were bound to observe; and would defend with their lives. Nor would they permit the King, although he would, in any way to attempt the same. Wherefore they besought his Holiliness to meddle no more in that matter. The Pope having his hands full otherwise at the time, did upon this dimit the Scottish Commissioners, who had made a long stay at Rome with great promises of favour, when he should see it to be convenient. The supplication directed to the Pope, is by some of our Writers said to be sent after King Edward's second expedition into Scotland, but I rather think it was at the first. Whilst these things were a doing, William Wallace a Gentleman well descened, William Wallace. but of no great estate, began to show himself, and gathering (out of a desire to free his country from the subjection of England) a company of such as would adventure with him, effected things beyond all expectation; for he slew Sir Hugh Cressingham, S. Daniel. who was left Governor of the Realm, recovered most of the strengths and Castles, Both. l. 14. won again the Town of Berwick, expulsed the English Clergy that had planted themselves in the kingdom, Buch. l. 8. and if he had not been hindered by his own countrymen, had made his victory absolute. King Edward being all that time in Flanders, and informed at his return to England of the distractions amongst the Scots themselves, fell of new upon them; and after a sore defeat given them at Falkirk, A Parliament S. Andrews. called a Parliament at S. Andrew's, where all the Earls and Barons did again swear obedience unto him, not one of any note (Wallace excepted) standing out in the whole kingdom. And now did the State seem to be wholly ruined, King Edward his course for extirpating the Scots. for Edward intending to make sure his conquest, led away captive all that had the least ability to stir, and to extinguish (if it had been possible) the very memory of the Nation; he abolished all the ancient Laws of Scotland, traduced the Ecclesiastical r●ites to the form of England, destroyed the antique monuments erected either by the Romans, or by their own progentitors; burnt all the Registers, with that famous Library of Restennoth, (wherein, besides many other volumes, were reserved the books which King Fergus the second brought with him from Rome) removed the Marble Chair in which (as the vulgar believed) the fate of the kingdom did consist; and to be short, left nothing which might incite generous spirits to remember their former fortunes, or encourage them in any sort to virtue and worthiness. The Bishop of S. Andrew's (who then remained at Artevile in France) upon the report of this pitiful vastation, Scon. Catal. Episc. S. Andre●. did contract such a melancholy, as within a few days he died; Pasl. l. ●. his body was interred at the Predicants Church at Paris, and his heart brought into Scotland, and entombed by Lamberton his successor in the wall of the Church of S. Andrew's, nigh to the sepulchre of Gamelinus. He was a man careful of the Church, and sought by all means to better the estate thereof. At his first admission to the See he purchased the Priory of May, from the Abbot of Reading in England, which he gave afterwards to the Prior, and Canons; and had he falled in peaceable times, would have performed many good works. 26. William Lamberton Parson of Campsey, and Chancellor of the Church of Glasgow, was then preferred to the place. This man, after the Bishop of Glasgow was sent prisoner to London, William Lamberton preferred to S. Andrew's upon the death of Fraser. made his own peace with King Edward, and swore fealty unto him; which was the thing that wrought his advancement; yet the Culdees, who claimed a chief voice in the election of the Bishop, withstood him mightily at the first. Before the Abbey was founded, the Culdees were the only electors of the Bishop: afterwards being excluded by a Bull of Pope Innocent the second, the election was committed to the Prior and Canons; Pasl. l. 6. c. 2. whereupon arose a great controversy amongst them, which by the authority of good King David was agreed in these times, that so many of the Culdees as would become Canons, and enter in the Monastery, The Culdees and Canons strife. should have voice with them. But to elude this appointment, a Mandate was procured from the Pope to admit none in the Convent without the advice of the Prior, and most part of the Canons: by which means the Culdees were kept out, and deprived quite of all voice in the election. William Coming their Provost supposing to get some advantage of the Prior in these troublesome times, did strongly oppose Lambertons election, and the matter by an appeal drawn to the Consistory of Rome, they both went thither to debate their rights: in end Lamberton prevailed, and was consecrated by Pope Boniface in june 1298. This turned so to the disgrace of the Culdees, as after this time we hear no more of them, the name and Order being by little and little quite extinguished. About the same time were the Templars, The dissolution of the Templars. otherwise called the Red-friers, made away; an Order instituted by Baldwin● King of jerusalem some 200. years before for the defence of that city, and the safe conveying of all such as traveled thither, by the pious liberality of Princes and others well affected; they were in a short time greatly enriched, and for their wealth sore envied. Some report, that degenerating from their first institution, they became execrably vicious. But Bocatius, Villanus, Antonius, Na●clerus, Aventinus, and other Authorus do all purge them of the crimes laid to their charge. The rumour in that time went, that Philip King of France, to get one of his sons made King of jerusalem, and possessed with their revenues, did labour to have them and the Order condemned. But others say, that the Pope (this was Clement the fifth) was mightily offended with them for inveighing against the corruptions of his Court, and sinfulness of the Clergy; which they maintained to be the only cause of all the miseries of Christendom, especially of the Holy land. But howsoever their destruction was wrought, all Authors testify that notwithstanding the cruel torments which divers of that profession were put unto, none of the crimes laid to their charge could ever be made out against them. Paulus Emilius in his history writeth, Paulus Emilius. that james Burgond the Principal of that Order being brought forth to die, and whilst the fire was kindling before him, having his life offered, if he would quickly declare, that what he had deponed in the time of his imprisonment, both of himself and of his whole Order, was true, did utter these words; In these my last actions, it being unpardonable impiety to lie, I freely and frankly confess, that I committed a great offence, both against myself and my Order, and that therein I have deserved a most tormenting punishment, because in favour of them for whom I should not, and alured with the sweetness of life I have in my tortures slanderously imposed many impieties, and detractions upon the Order, which hath ever deserved well of the Christian world. I have no need of life obtained by entreaty, much less retained by lying, and defamation. This said, and he being set to the pile, and fire kindled about the nether parts of his feet to wring out from him a confession, even when the flames began to waste and fire his entrails, he never swarved from the constancy of his former speech, or showed the least change and alteration of mind. With him two other of the same Order did suffer (one of them being of a great family, and brother to the Dauphin of Vienna) who showed the like constancy. Plessis. There be other Authors of no small esteem saith Plessis, who report, That two Cardinals being present at their execution, the great Master did summon Pope Clement before the Tribunal of God, to answer for the wrongous' judgement and sentence given against them, and that the Pope died the same day to which he was cited, being the 40. day after their execution. Partly by these testimonies, and partly by the clause insert in the condemnatory Bull of Pope Clement, in which it was said, Quanquam de jure non possumus, tamen pro plenitudine potestatis dictum ordinem reprobamus, Albeit by way of right we cannot, yet of the fullness of our power we reprobate and condemn the said Order; by this I say it would appear that they were rigorously used: But howsoever all the Kings of Christendom as combining together, caused them at one instant to be apprehended within their dominions, and put from their estates, which afterwards were given to the Hospitalers and Knights of S. john. But to return to Lamberton; B. Lamberton loseth K. Edward's favour. he stood not long in King Edward's favour, being suspected for the entertainment he gave to james Douglas the son of Willam Douglas, who died in Prison at Berwick. This Gentleman at the time of his father's death was in Paris following his studies, Buchan. l. 8. and being advertised that his father was dead, and his estate given away to strangers, returned home; where finding no means to maintain himself, Lesl. l. 7. he took his recourse to the Bishop, who pitying the Gentleman's estate, Bo●th. l. 14. did accept him amongst his followers, and in the next expedition which King Edward made into Scotland, taking the Gentleman with him to Striveling, did present him to the King, entreating that he might have his lands restored, and be admitted into his service; King Edward answered, That he could not look for good service of him, whose father had proved such an enemy; and that the lands were disponed to others that had merited better. So the Gentleman despairing to find any favour with the King, did await still upon the Bishop. Afterwards hearing that Robert Bruce had taken the field, The Bishop committed to Prison. he stole away secretly, taking with him the Bishop's horses and moneys, and went to assist Bruce. King Edward apprehending this to be done with the Bishop's knowledge, did commit him to Prison, where he remained till the death of King Edward, which happened in the year 1307. King Robert Bruce was in this time crowned King, Robert Bruce crowned King. and by the troubles which Edward the second found in the beginning of his Reign, got leisure to settle himself in the Kingdom; so as when King Edward returned (which was not till seven years after his father's death) to take possession of the Country, and came with a world of people, (they are reckoned to be no fewer than two hundreth thousand) they were encountered by King Robert at the River of Bannockburn, Both. l. 14. and wholly defeated. Buchan. l. 8. This victory did so much discourage the English; as after a long surcease of war, when some eight years after they attempted to repair themselves, they were forced with much dishonour to return and become suitors to the Pope to intercede for peace. To this effect a Legate was sent into Scotland, The Pope's Legate sent to dissuade the King from troubling England. who had audience given him at Aberbrothock; his Proposition was, That the Scots should desist from troubling England, till the Pope should hear the questions that were amongst them, and be informed of the right which King Edward had to the Crown of Scotland. King Robert answered, That the Pope could not be ignorant of the estate of that business, the same having been often exponed by the Commissioners of Scotland to divers of his predecessors, in the hearing of many Cardinals then alive, who could relate, Both. l. 14. the insolent answers which Pope Boniface received, The King his answer to the Legate. when he desired the English to forbear their cruel oppression of the Scots: And now, saith he, when it hath pleased God to give us the better by some Victories, and that we have not only recovered our own, but are in a possibility to make them live as good neighbours, they have recourse to such Treaties, seeking only to gain time, that when they have settled their affairs, they may fall again upon us with the greater force; but in this his Holiness must excuse me, for I will not be so unwise as to let the advantage I have, slip out of my hands. The Legate not satisfied with this Answer, The Kingdom interdicted. and interpreting it as a disobedience to the Apostolic See, did put the Kingdom under Interdiction, and so departed. But the King to show how little he esteemed these proceedings, followed the Legate at the heels, and entering into England, wasted all the adjacent Countries with fire and sword. At his return from that expedition an Ambassage was sent to Rome for reconciling the Kingdom, and a Letter subscribed by the Nobility and Barons to the Pope, Buch. l. 8. the Copy whereof I have thought good to insert. Sanctissimo in Christo Patri & domino johani etc. filii sui humiles & devoti, A Letter sent by the Nobles and Barons of Scotland to the Pope. Duncamus Comes de Fife, Thomas Ranulphus Comes Moraviae, dominus Manviae, & dominus Wallis Annandiae, Patricius Dumbar Comes Marchiae, Malisius Comes Strathern, Malcolm us Comes de Lennox, Gulielmus Comes de Rosse, Magnus Comes Cathannon & Orcaden, & Gulielmus Comes Sutherlandiae, Walterus Senescallus Scotiae, Gulielmus de Souls Buttelarius Scotiae, jacobus de Douglas, David de Brichen, David Grahame, Ingelramus Umphravile, johannes Monteith Custos Comitatus ejusdem, Alexander Fraser, Gilbertus de Haya Constabularius Scotiae, Robertus Marescallus Scotiae, Henricus de Santo Claro Panitarius Scotiae, Scon. l. 13. c. 1. johannes Grahame, David Lindsay, Patritius Grahame, johannes de Fenton, Gulielmus de Abernethy, David de Weymis, Gulielmus de Montefixo, Fergusius de Androssen, Eustathius Maxwell, Gulielmus Ramsey, Alanus de Moravia, Donaldus Champell, johannes Cameron, Reginaldus Loquhoir, Alexander Seaton, Andreas Leslie, & Alexander de Straton, caeteríque Barones & liberè tenentes & tota communitas Regni Scotiae etc. Thereafter they said, That Scotland being an ancient Kingdom governed by a continued succession of 97. Kings, and amongst the first that embraced the faith of Christ, living under the patronage of S. Andrew the brother of S. Peter, and graced with many privileges by the Popes his predecessors, had always been free from usurpation of any stranger, before that Edward the father of him that now reigneth in England, did in the time of the interreign, when the question was of a successor, labour by violence to establish the Kingdom to himself: since which time they have endured many injuries, having their Churches spoiled, their Monasteries burnt, and their Country intolerably oppressed, till of late it hath pleased God to stir up King Robert Bruce, who as another josua or judas Maccabeus had redeemed them by his valour; with whom they resolved in defence of their Country to spend their lives. And if he should forsake them (which they knew he would not do) so long as they w●ere any of them in life, England should never bring them in subjection. Wherefore they besought his Holiness to make the English content themselves with the spacious bounds they possessed, in which there reigned sometimes seven Kings, and suffer the Scots quietly to enjoy that little piece of ground which their progenitors had long defended, and left free unto them. In end they entreated, To be received again into his grace and favour, promising all dutiful obedience to him, and to the See Apostolic. This was the tenor of the Letter, which the Pope favourably accepted, and thereupon gave order that the ●nglish and Scots should both be warned to a certain Diet for debating their rig●●s. The Diet come, and the English not appearing, The Interdiction released. the Pope after he had examined the case, and perused the rescripts of divers his predecessors, released the Interdiction which his Legate had published, and declared the Scots to be reconciled to the Church. The great discontents which were then amongst the English for the government of affairs under Edward the third (who was then made King upon his Father's resignation) brought them to sue for peace: The English sue for peace. which after a short Treaty was concluded, and the Peace confirmed by a Match betwixt David Prince of Scotland, The conditions of the peace. and jane sister to King Edward. The Conditions of the Peace were these: That King Edward should surrender by Charter his Title of Sovereignty of the Kingdom of Scotland; Restore whatsoever Acts, Deeds, and Instruments he had of Homage and Fealty done by the Kings of Scotland or their Nobility to any of his antecessors; especially those which Edward the first his Grandfather had by force extorted; and leave the Kingdom of Scotland as free as it was at the death of King Alexander the third: That the Scots should quit and renounce all the lands they held in England, and Stanmore be taken for the March both in Cumberland and in Northumberland: That no Englishman should enjoy lands in Scotland, unless he dwelled in the Country; And that in satisfaction of the lands possessed by some of them who would not remain in Scotland, the King of Scots should pay 30000. Marks. An. 1328. Peace thus made, and the marriage with great solemnity performed (though the Prince was then but seven years old) King Robert waxing sickly lived private (in a sort) until his death, King Robert Bruce dieth. which happened some two years after. He was a King of incomparable wisdom and valour, whose worth and virtue no pen can express. Whilst this Peace was treating, B. Lamberton his death and virtues. Lamberton departed this life, having continued Bishop thirty years: a Prelate wise, active, and a great Benefactor to the Abbey, wherein for the most part he kept his residence; The buildings, whereof now we only behold the ruins, were erected upon his charges. It is reported, that being asked by one of his servants on a night, Scon. l. in Catalogo episc. S. Andreae. Why he did lay out so great sums for the Monastery, and forget to build for himself? he answered, That ere he died, he hoped to build more than his successors should well maintain. Which he indeed performed, for besides the repairing of his Palace in S. Andrews, he built at Monymaill, Torrey, Dersey, Inchmortach, Mufchart, Ketins, Lincon, Monymusk, and Stow in Twaddale, houses of good receipt for himself and his successors. He finished the Cathedral Church which had been many years a building, and dedicated the same with great solemnity in the year 1318. He adorned the Chapter house with curious seats, and ceiling, furnished the Canons with precious vestments for the daily service, stored their Library with Books, and at the Dedication of the Church procured of the King (who honoured the same with his presence) a yearly rent of 100 Marks to be paid to the Abbey forth of the Exchequer; which annuity was afterward redeemed by the donation of the Church of Fordon in Mernis: he himself the same very day gave unto the Prior and Convent the Churches of Dersey & Abercromby, as the donations yet extant do testify; and dying at the last in the Prior's Chamber within the Monastery, was buried in the new Church on the north side of the high Altar, in the year 1328. The famous Doctor joannes Duns, Io. Duns. alias Scotus, lived in his time; he was born in the Town of Duns in the Country of Mers, Bal. cent. 14. and being yet a child, after some taste he had got of the Latin Tongue, Lesl. l. 7. by the persuasion of two Minorite Friars, went to Oxford, studying Logic in Merton College: then applying himself to Scholastic Divinity, grew to such a perfection therein, as he was called The subtle Doctor; and was followed of a number, who after his name are called to this day Scotistae. After he had professed a while at Oxford, he was called to read Divinity in the University of Paris, and from thence went to Colein, where he died of the Apoplexy. They write that after he was laid in grave, his spirits did return, Camd. Brit. and that striving to get forth, he was there smothered; whereupon an Italian did write this Epigram: Quaecunque humani fuerant jurísque sacrati, In dubium veniunt cunct a vocante Scoto. Quid? quòd & in dubium illius sit vita vocata, Morte illum simili ludificante strophâ, Quum non antè virum vitâ jugulârit ademptâ, quam vivus tumulo conditus ille foret. The English Writers contend that this Scotus was born in England in Dunstane Village within the Parish of Emilden in the Country of Northumberland; Duns proved to be a Scottish man born. and confirm it by the Manuscripts reserved in the Library of Merton College, in one whereof are written these words; Explicit lectura subtilis Doctor is in Universitate Oxoniensi (super libros Sententiarum) Doctor is Joannis Duns, nati in Villa de Emilden vocata Dunstan contract a Duns in Comitatu Northumbriae, pertinens ad domum scolasticorum de Merton Hall in Oxonio, & quondam dictae a domus socii. Thus ends the Lecture of the subtle Doctor in the University of Oxford (upon the book of sentences) Doctor john Duns born in a Village of Emilden call Dunstan, or by abbreviation Duns, in the County of Northumberland, pertaining to the house of Scholars of Merton Hall in Oxford, and sometimes one of the Fellows of the said House. But this is no sufficient proof; for it may be probably supposed that he living at Oxford in England, An. 1341. when the wars were so hot betwixt the two Kingdoms, did dissemble his Country, and pretend himself to be an English born to eschew the hatred of the Students. In Colein where he might without danger show of what Country he was, he did profess himself a Scot, and the Minorites (of which Order he was) did therefore upon his Tomb erected in their Church, at the end of the Choir nigh unto the high Altar, set this Inscription, which is there yet to be seen: Scotia me genuit, Anglia suscepit, Gallia edocuit, Germania tenet. What a fine subtle wit he had, the Monuments left by him to posterity do witness. He died young in the year 1308. 27. The Chapter after Lambertons death meeting for the election of a new Bishop, Sir james Bane elected in Lambertons place. went into factions, the one half giving their voices to Sir james Bane Archdeacon of S. Andrews, Scon. l. in cattle. episc. S. Andr. the other half to Sir Alexander Kinnimmouth Archdeacon of Lothian; but Bane being then in the Court of Rome, and advertised of the Bishop's death, obtained the Bishopric of the Pope, who in those times disposed all Church livings as he thought good, having no regard to Canonical elections. This Bishop lived four years only after his Consecration, The Bishop dieth at Bruges in Flanders. and died at Bruges in Flanders: for upon breach of the Peace with England, and the Coronation of Edward Balliol, when David with his Queen went into France, he withdrew himself to the Low-countrieses. He was buried in the Monastery of the Regular Canons within Bruges. 28. How soon Bane his death was made known, The See of S. Andrews void nine years. the Convent meeting, elected William Bell Dean of Dunkeld. The Pope refusing to confirm the election, William Landels chosen Bishop. the See remained void for the space of nine years and more. At last William Landells Provost of kinkel upon the recommendation of the Kings of France and Scotland, was preferred and consecrated by Pope Benedict the tenth at Avignion in the year 1341. This Prelate was nobly born, and the heir of great possessions in Scotland, of a generous mind, and given to all goodness: he lived Bishop 44. years, and in that time saw many alterations; King David Bruce peaceably repossessed in the Kingdom; taken captive in the Battle of Duresme, (where he himself was made Prisoner's set again at liberty for the payment of one hundred thousand Marks sterling: to the help whereof he procured from the Churchmen, with the consent of Pope Innocent the sixth, the tenth of all Ecclesiastical livings within the Kingdom for the space of three years: and after King David his death, his son Robert Stewart called Robert the second crowned King; to the fifteenth year of whose reign he attained, and then died in the Abbey of S. Andrews: his body was buried in the Cathedral Church at the chancery door. It was a custom before these times, The Bishops obtained liberty to dispose of their goods by Testament. that when any Bishop deceased, all his movable goods were seized on by the King's Officers, as belonging to the King: this he got discharged, and liberty granted to all the Prelates to dispose their goods by Testament to whom they pleased; or if they should happen to die intestate, it was made lawful to their nearest kinsmen to call and pursue for the same. The benefit of this privilege he himself first enjoyed. 29. In his place the Prior of S. Andrews called Stephen, Stephen chosen Bishop of S. Andrews, he dieth at Anwick. a man of great experience and wisdom, was chosen Bishop; who going towards Rome for Confirmation, was taken Prisoner at Sea by the English, and died at Anwick of sickness in the year 1385. 30. Walter trail was then attending Pope Clement at Avignion, Walter trail elected in his stead. a man singularly learned, and well expert both in the Civil and Cannon Law. So great an opinion the Pope had of his worth, as at his preferment he did say to those that stood by him: Scon. l. in Catal. episc. S. Andr. This man deserveth better to be Pope, than Bishop; the place is better provided then the person. Which proved true in effect; for when he came to govern the See, he administered all affairs most wisely. Nor had he the charge only of the Church, but the whole affairs of the Kingdom being cast upon him he governed the same in such sort as the Realm was never remembered to have been better and more peaceably ruled. An. 1401. Writers describe him to have been a man of courteous behaviour, His virtues and qualities. affable, pitiful, and compassionate of those that were in any sort distressed, a hater of vice, and of most sincere conversation. He lived unto a great age, in much esteem, and died in the Castle of S. Andrews (built by himself) in the year 1401. his body was interred with great solemnity amongst his predecessors, with this inscription engraven upon his monument: Hic fuit Ecclesiae columna, fenestra lucida, Thuribulum aureum, Campana sonora. 31. Thomas Stewart son to Robert the second elected Bishop. After him was Thomas Stewart son to King Robert the second (being then Archdeacon of S. Andrews) elected Bishop; but he affecting the retired life, refused to accept the place, which thereupon remained void the space of three years (for the Chapter would not in his life time proceed to a new election:) the rents were in the mean time assigned by King Robert the third (with the Convents permission) to Walter Danzelston in recompense of the Castle of Dumbriton, Scon. li. in Catalogo Episc, S. Andreae. which he enjoyed by an hereditary title, and did at that time resign unto the King. 32. Henry Wardlaw provided by Pope Benedict the 13. to the Bishopric. Thomas Stewart deceasing, Gilbert Grinlaw Bishop of Aberdene, and Chancellor of the kingdom, was postulated Bishop; but Henry Wardlaw presenter of Glasgow, being then at Avignion, was provided thereto by Pope Benedict the thirteenth. There was at this time a fearful schism in the Church, of all that we do read the most scandalous, A Schism in the Church. and of longest continuance; two, and sometimes three Pope's warning one against another, and condemning each another's Ordinances; which did so divide the Christian world, Martin the 5. chosen Pope by the Council of Constance. and made such partake as were pitiful. This schism lasting 29. years and more, was at last quenched in the Council of Constance, and Martin the first chosen Pope. Scotland at that time living in the obedience of Benedict, The Abbot of Pontiniac directed to intimate the election. the Abbot of Pontiniac was directed to intimate the election of the Council, and had audience given him in a Convocation of the Clergy at Perth; thither came also one Harding a Minorite Friar, sent by Benedict to solicit the Church's adherence to him against the decree of the Council, who taking for his Theme these words, My son, do nothing without advice, Harding a Minorite persuadeth the Scots to continue in the obedience of Benedict. so shall it not repent thee after the deed; held a long discourse of the proceedings of the Council, and the informality thereof, affirming that none was bound to obey and acknowledge the same. Master john Fogo a Monk of the Abbey of Melrosse, replying to his Oration; began his speech with that precept of the Apostle, john Fogo a Monk of Melross, refuseth Hardings Oration. Withdraw yourselves from every brother that walketh inordinately, and refuting all the Minorites reasons brought against the Council, concluded that whosoever did procure for Peter de Luna (this was benedict's name before he was elected Pope) was a very disturber of the Church's peace, and not to be countenanced in any sort. The Clergy in end disclaiming Benedict, promised obedience to Pope Martin, whom the Council had elected. By occasion of this schism, The schism made way to the reformation. the mouths of many were opened against the corrupt doctrine and manners of Rome. john Wickliff in England, john Hus and Jerome of Prague in Bohemia, did openly preach against the Tyranny of the Pope, and the abuses introduced in the Church, and in this country one called joannes Resby an English man, john Wickliffi, Hus, and Jerome of Prague. & de Schola Wickliffi, as the Story speaketh, was brought in question for some points of doctrine which he taught, and condemned to the fire. He was charged by Master Laurence Lendors with forty heretical opinions, whereof we have two only mentioned; james Resby Martyr. One, that the Pope was no● Christ's Vicar: The other, that he was not to be esteemed Pope, if he was a man of wicked life. For maintaining these two points, Paul Craw Martyr. he suffered in the year 1407. Some 24. years after Paul Craw a Bohemian came into Scotland, and for venting certain opinions touching the Sacrament of the Supper, the adoration of Saints, and auricular Confession; he was also condemned, and burnt at S. Andrew's in the year 1432. The death of these two Martyrs lieth heavy upon the memory of this Bishop, The Bishop his qualities. who otherwise deserved well of the country and Church, for in his time he laboured much to have the riotous forms crept in among all sorts of men repressed, An. 1412. and was a man most hospitable; They report of him that the Masters of his house complaining of the great numbers that resorted unto him for entertainment, and desiring that for the ease of the servants he would condescend to make a bill of household, that they might know who were to be served, he condescended; and when his Secretary was called to set down the names of the household, being asked whom he would first name, he answered, Fife and Angus, (these are two large countries, containing millions of people:) his servants hearing this, gave over their purpose of retrenching his family, for they saw he would have no man refused that came to his house. The bridge at the mouth of Eden was his work. And besides, he was the first that opened the public Schools at S. Andrew's, making Divinity, Laws, Logic, and all other parts of Philosophy to be there taught. In the founding of this University he took his example from that of Paris, The University of S. Andrews founded in the year 1412. and obtained the Pope's confirmation thereof, which in the year 1412. being brought from Rome by Alexander Ogilvy Master of Arts, was received with solemn processions, fires of joy, sounding of bells, and all the tokens of gladness, that could be expressed. Both. 1. 16. Master john Sheves Official, Master William Stephen, afterwards Bishop of Dumblane, and Sir john Lister, a Cannon of the Abbey were appointed to read Divinity; Master Laurence Lindors was ordained to read the Common law, and Master Richard Cornwall the Civil; Master john Gaw, Master William Fowlis, and Master William Crosier were chosen for Philosophy men, worthy to be remembered for being the first instruments that were employed in that service, and the attendance they gave upon it, having no allowance at all for their labours. King james the first, King james the first a great favourer of the University. at his return from England, 12. years after, did greatly advance this work by the encouragement he gave to studies; for not only did he countenance professors with his presence at their Lectures, but also took order that none should be preferred to any Benefice, unless it was testified by them, that the person recommended had made a reasonable progress in learning: Bucban. l. 10. and for that effect kept a roll of the most qualified persons by him for the filling of places that happened to fall void. The King his admonition to the Churchmen. This that good King esteemed to be the most sure and easy way for banishing ignorance forth of the Church, and ceased not to admonish the Churchmen that were in places to live as they professed, and not to shame the bountifulness of Princes by abusing their Donations unto Riot and Luxury. Further, to allure them by good example, he brought home the Carthusian Monks, who were at that time greatly respected for their preciseness of living, and erected for them a beautiful Monastery at Perth, Buchan. l. 10. bestowing large revenues upon the same. The Bishop surviving the King some seven years (for the King was treacherously murdered at Perth in the year 1437.) Both. l. 17. departed this life in the Castle of S. Andrews the fixed day of April, Bishop Wardlaw dieth, A●●● 1444. 1444. having governed that See 35. years, and was buried in the wall betwixt the Chore and the Chapel called Our Lady's Chapel. 33. james Kennedy Bishop of Dunkeld, and Nephew to King james the first by his sister the Countess of Angus, Bishop james Kennedy translated from Dunkeld to S. Andrews. was after Wardlaw his death elected Bishop by the Prior and Canons; he himself was then at Florence with Pope Eugenius the fourth, and had gone thither out of a desire to have the disorders crept in among Churchmen redressed, hoping to be strengthened with greater authority from thence. But finding all things troubled in these parts, Eugenius keeping a Council at Florence, whilst another was held at B●sile, and each of them condemning another as unlawful; he returned with a resolution to do the best he could at home by his own credit. Buchan. l. 12. Upon his translation to S. Andrew's, he did put all things in such order; as no man then living did remember to have seen the Church in so good an estate; Kennedy his just praises. for partly by his own ensample, partly by the strict observance of discipline, he induced them all to live as became men of their profession. And as he was to the Clergy a pattern of virtue, so was he a great supporter of the King and Kingdom by his wise and prudent counsel: For in that insurrection of the Earls of Douglas and Crawford against King james the second, when the King had determined to leave the country and fly into France; he found the means to disunite the rebels, and break their forces, restoring the King to his estate, and the kingdom to peace. An. 1466. And in the beginning of King james the third his reign, when matters were very troubled, he did so carry all things by his prudence, as whilst he lived, the public estate received no harm. Of what and how great worth he was, it appeared soon after his death, all things turning to confusion both in the Church and State. A monument of his piety and magnificent mind towards the advancement of letters, is the College he erected in S. Andrew's, (now called Saint Salvators College) which he built from the ground, Bishop Kennedy his death, the year 1466. provided with large revenues, and furnished with most costly ornaments. Thus having lived a great benefactor to the public, and in much glory, he died at S. Andrews in the year 1466. 22. years he sat Bishop in this See, and was interred after his death in a sepulchre prepared by himself within the Chapel of the same College. 34 Patrick Grahame his Nephew, Patrick Grahame chosen to succeed. Buchannan calleth him his brother (saying that they were born of one and the same mother) being Bishop of Brichen for the time, a man of singular virtues, was chosen to succeed. The Boyds, who then ruled the Court, envying his preferment because of the variance betwixt the Kennedies and them, withstood his journey to Rome, where he was to get his confirmation: but he not staying upon the King's licence, which he saw without their favour could not be obtained, took his way thither, and at his coming was well accepted of Pope Paul the second. Whilst he abode there (for he stayed a long time, The See of S. Andrew's erected in an Archbishopric fearing to return so long as the Boyds were in credit) the old controversy of the Archbishop of york his superiority over the Church of Scotland, was renewed by George Nevil Archbishop of that See for the time. The matter drawn in dispute before Pope Sixtus the fourth (for Paul the second was then dead) sentence was given for the Church of Scotland, whereby it was declared a thing unfitting, that an English Prelate should be Primate of Scotland, by reason of the wars that might break forth betwixt the two kingdoms. And to the effect a Primate should not be lacking from thenceforth in Scotland, the See of S. Andrews by the Bull of Sixtus was erected in an Archbishopric, and the rest of the Bishops of Scotland, twelve in number, ordained all to be subject unto that See. Further, the Pope for the Bishops more graceing, did appoint him his Legate for the space of three years, with commission to reform all abuses in the Church, and to correct the dissoluteness of the Clergy. How soon the Bishop was advertised of the alteration of Court, The Bulls of Legation and Primacy published. and that the King was begun to govern of himself, he made haste to return, sending before him the Bulls of Primacy and Legation to be published, thinking the same should have purchased to him a great respect. Buchan. l. 12. But he found himself deceived; for upon the publication (made at Edinburgh in September 1472.) the Bishops out of spite and emulation, because of the Primacy, the inferior Clergy fearing his rigour in executing the Legation, and the Courtiers who made sale of all the Church-livings, apprehending that the same would be reform, combined all against him, and went to the King, informing that he had accepted a Legation from the Pope without his licence, which was prohibited by the Laws of the kingdom, and might prove hurtful to the king, and that in contempt of his Majesty he had gone to Rome without once ask him licence. The King possessed with these informations did inhibit the Bishop how soon he landed to exerce any part of his Legation, The King inhibiteth the exercise of his Legation. till the King should try the complaints preferred against him, assigning the first of November for his compeirance. At the day he exhibited his Bulls, and showed the power he had to reform abuses in the Ecclesiastical state entreating the King not to impede him in the execution of his charge; but his adversaries having corrupted some of the King's Officers, and given (as it was said) the sum of eleven thousand Marks in hand, his petition was not regarded: his accusers to colour their proceedings the better, made an appeal to the Pope, offering to qualify before him the invalidity of the Bulls which he had purchased. So he was dimitted with express charge not to use the title and dignity of an Archbishop, nor to attempt any thing but that which the Bishops his predecessors had been accustomed to do, by virtue of their places, until the decision of the controversy. A while after a fresh and bitter enemy was raised against him● An. 1444. William Shevez a young man of a quick and active spirit, having studied some years at Louvain under john Spernick (who was famous in those days for his knowledge in the studies of physic, William Shevez recommended to the Archdeaconry of S. Andrews. and astrology) did insinuate himself in the favour of the Court, which then was madly given to all sorts of divination; and the Archdeaconry of S. Andrews falling void in the middle time, procured the King's recommendation to the Bishop for the same. The Bishop toek exception at his studies, The Bishop rejecteth him as insufficient. and in end gave him an absolute denial, as being insufficient for the charge, and otherwise not trained up in the knowledge of Divinity. Shevez taking to heart this disgrace (for so he did account it) combined with one Locky, Shevez conspireth with the Rector. Rector at that time in the University, and a professed enemy to the Bishop; these two conspired against him, and Locky who pretended he was the Bishop's equal in jurisdiction, forging a quarrel, denounced him excommunicate: but the Bishop contemning the sentence of his inferior, The Bishop contemning the censure, hath his goods confiscated. carried himself both at home and abroad as he was wont; whereupon his enemies (as the custom is, when Church censures are despised) did implore the King's assistance. Who being made to their effect, discharged the Bishop from coming into any sacred place, declared his goods confiscate, and sequestering all his servants, did appoint to him other attendants. The rest of the Bishops to witness their gratitude, did present the King with a sum of money, The schop taken in favour. which they had collected (with grudge enough) amongst the inferior Priests; not the less, shortly after by the intercession of friends, and the advancing of moneys to the rulers of the Court, the Bishop was taken in favour, who then thinking all his troubles to be overpast, withdrew himself to his house of Monymaill; where he was scarce well settled, Buchan. l. 12. when the bankers of Rome stirred up by his adversaries, charged him with payment of the moneys, wherein he stood obliged for his Bull of privileges. The Bishop of new troubled by the bankers of Rome. He not able to give satisfaction (for the most of his rents had been taken up yearly by the King's Factors; and what he could purchase from his friends, was all bestowed at his late reconcilement amongst Courtiers) was of new accursed, his person arrested, his rents lifted by the King's Officers, and a guard appointed to attend him in his own Castle at S. Andrews. In this miserable condition not knowing what to do, The Bishop falling in some distraction is committed to Shevez. he fell in some trouble of mind, and thereupon committed to the custody of Shevez his mortal enemy, who was declared his coadjutor, by reason of his distraction; yet the malice of his adversaries not satisfied herewith, at Rome they accused him of heresy, schism, simony, and a number of other scandalous crimes; the trial whereof was commended to one Husman the Pope's Inquisitor, and to Shevez. Divers light and ridiculous accusations were brought against him, Buch● n. l. 12. and amongst other points, he was charged to have said three Masses in one day; whereas in those times it was difficile to find a Bishop, that in three months did say one Mass; yet the process going on, witnesses were brought, who verified the accusations, and his enemy sitting Judge, The Bishop condemned to lose his dignity. he was sentenced as guilty of schism, simony, heresy, and other crimes, and thereupon discerned to have lost his dignity, and condemned to perpetual prison. 35. The sentence pronounced, Shevez provided to the Archbishopric. Shevez posted to Rome, got the sentence approved, and was himself provided to the Archbishopric. All these crosses this innocent Bishop sustained most patiently: which his adversaries perceiving, they procucured him to be put in close prison within the Isle of Inchcolme, where he had four keepers watching him that he should not escape. War afterwards breaking up with England, out of a fear that the English Navy (which was then at Sea) might fall upon the Isle, he was transported to Dunfermlin, and from thence to the Castle of Lochleven, where at last he died. This end had that worthy man, in virtue and learning inferior to none of his time, oppressed by the malice and calumnies of his enemies, Patrick Grahame dieth at Lochleven. chiefly for that they feared reformation of their wicked abuses by his means. The title rather than the Prelacy itself, he enjoyed 13. years, and was buried in S. Servanus Isle, within the Chapel of Lochleven. All things went now in the Church daily from ill to worse, for these who did affect a reformation● An. 1478. and lived in some hope thereof, beholding the course of things, betook themselves to a private life. At Court benefices were sold, or then bestowed as rewards upon flatterers, and the Ministers of unlawful pleasures; and in the Church Canonical elections, especially in the Monasteries, were quite abrogated. The King presenting Abbots and Priors unto the Pope, none were refused that came with his recommendation. The Church altogether in disorder. Thus was Alexander Thomison Abbot of Dunfermlin (canonically elected by the Monks some years before) extruded from his place, and Henry Chrichton then Abbot of Paisley surrogated in his stead by the Pope at the King's intercession. Likewise Robert Shaw of Minto was in the same manner preferred into Paisley, the consent of the Convent not once required. So as the Monasteries, which were founded for pious and charitable uses, came by little and little in the hands of fecular men, who having had their education in the Court, brought with them from thence the manners thereof, shaking off all care of discipline, and neglecting the duties of hospitality. This begat great offences, and made the foundations themselves abhorred; partly through the dissoluteness of those that lived in the places, and partly because men saw them inverted to other and contrary uses, than the first Founders had appointed. Neither were the Monasteries only corrupted, but the whole Ecclesiastic state became also infected; Ignorance and Impiety every where prevailing, till in end the Laity putting their hands to the work, made that violent and disordered Reformation; whereof in the next book we shall hear. But to return to Shevez; he receiving the Pall from the Pope in sign of Archiepiscopal dignity, Shevez receiveth the Pall, and is invested Anno 1478. was publicly invested therewith in the Church of Halirudhouse, in the year 1478. the King and divers of the Nobility being there present. How he governed the See, I find not, but his entry being such as we have seen, did not promise much good. Lese. l. 8. I read in some Writers, that he was induced by the King and the Duke of Albany, to dimit his place in the favours of Master Andrew Stewart Provost of Linclowden, (the King's Uncle) and to content himself with the Bishopric of Murray, whereunto the said Master Andrew was provided; but it seemeth this charge took not effect, for both the one and the other possessed their own benefices until their deaths. Some years before Shevez his death there arose a controversy betwixt him and Robert Blacater Archbishop of Glasgow, Archbishop of S. Andrew and Glasgow at diffension. concerning their jurisdictions. For Blacater had obtained of Pope Alexander the sixth, the erection of the See of Glasgow into an Archbishopric, and thereunto were the Bishops of Galloway, Argyle, and Isles ordained to be subject. Shevez refusing to acknowledge him for an Archbishop, both the Clergy and Noblemen went into factions, some taking part with the one, and some with the other. But this dissension was soon appeased; howbeit with the grudge of both parties, and Glasgow declared to be Metropolitan Church, the honour of precedency reserved always to S. Andrews. Now whilst the Prelates were contending for pre-eminence, The History of the Church of Scotland. certain Articles were dispersed in the countries of Kile and Cunningham against the doctrine taught in the Church, which stirred up divers to examine the truth of Religion then professed. The Articles were these. 1. That Images ought not to be made, nor worshipped. 2. That the relics of Saints ought not to be adored. 3. That it is not lawful to fight for the faith. 4. That Christ gave the power of binding and losing to Peter only, and not to his successors. 5. That Christ ordained no Priests to consecrate. 6. That after the consecration in the Mass there remaineth bread, and that the natural body of Christ is not there. 7. That tithes ought not to be paid to Ecclesiastical persons. 8. That Christ at his coming did abrogate the power of secular Princes. 9 That every faithful man and woman is a Priest. 10. That the Unction of Kings ceased at the coming of Christ. 11. That the Pope is not the successor of Peter, An. 1513. except in that which our Saviour spoke to him, when he said, Go behind me Satan. 12. That the Pope deceiveth the people with his Bulls and Indulgences. 13. That the Mass profiteth not the souls that are in Purgatory. 14. That the Bishop's blessing is of no value. 15. That Indulgences should not be granted to fight against the Saracens. 16. That the Pope exalts himself above God, and against God. 17. That the Pope cannot remit the pains of Purgatory. 18. That the excommunication of the Church is not to be feared. 19 That in no case it is lawful to swear. 20. That Priests may have wives according to the Ordinance of the old Law, and that true Christians receive the body of Christ every day. The maintainers of these Articles were by an opprobrious title called Lollards; but whether or not they did hold all these opinions, may well be doubted, seeing we have them only from the report of adversaries, whose chief study was to make them and their doctrine odious; and granting that they held the same, we are not to wonder, that in the first breaking up of the light men saw not the truth in every point, considering the darkness and gross ignorance of preceding times. For dispersing these Articles, The dispersers of these Articles cited before the Council. some thirty persons were cited before the Council, of whom the principals were, George Campbel of Sesnock, Adam Read of Barskining, john Campbel of Newmilus, and Andrew Shaw of Polkennet. The Archbishiop of Glasgow laying these things to their charge, they answered all with such confidence, as it was thought safest to dimit them, with admonition to take heed of new doctrines, and content themselves with the faith of the Church. Of Shevez I find nothing said all this time, only that he departed this life at S. Andrews in the year 1496. and was buried in the Cathedral Church before the high Altar. 36. james Stewart brother to King james the fourth, james Stewart brother to King james the fourth elected Bishop, Anno 1503. was provided after Shevez to the See, being yet very young, and lived but a short space, for he died at S. Andrews in the year 1503. his body was interred in the Cathedral Church amongst the Bishops his predecessors. In an old Charter produced by one of the vassals, I have seen him thus styled. jacobus sancti Andreae Archiepiscopus, Dux Rossiae, Marchio de Ormond, Comes de Ardmannach, Dominus de Brichen & Never, Commendatorius perpetuus Monasterii de Dunfermline, ac Regni Scotiae Can●ellarius. The Charter is dated in this manner; Apud Ecclesiam nostram Metropolitanam sancti Andre●, 7ᵒ die Mensis Februarii, An. Dom. 1502. & nostrarum administrationum quinto. 37. To him succeeded Alexander Stewart, B. Alexander Stewart succeedeth. base son to King james the fourth, a youth of great hopes; he died with his father in the unfortunate battle of Flowdon, Anno 1513. and was much lamented by Erasmus Roterodamus, under whom he had studied some years. I find him styled Chancellor of the Kingdom in one of the vassals Characters, which is dated in the year 1512. 38. Three strong competitors fell then at strife for the place, A Competition for the Archbishop. Gawane Dowglas Bishop of Dunkeld, john Hepburn Prior of S. Andrews, and Andrew Forman Bishop of Murray. Gawane Dowglas was nobly born (for he was brother to the Earl of Angus) and greatly esteemed for his virtue and learning. He upon the Queen's presentation (who at that time governed all public affairs) possessed himself with the Castle of S. Andrews. Buchan. l. 3. Lest. l. 3. Hepburne a factious man and of great power procured the Canons to elect him, and under this colour expulsed Dowglas his servants, fortifying the house with a Garrison of soldiers. Forman was provided by the gift of Pope julius the second, and made Legatus à latere, (for by his many employments in France, and at the Court of Rome, he had gained to himself much credit) But the Power of Hepburn was such as for a while no man could be found to publish Formans Bulls; Alexander Lord Home (who some write was Formans Uncle) was at last moved by the dimission of Coldingham in favour of his brother David to take his part, and coming to Edinburgh proclaimed the Pope's gift, and Formans Legation with great solemnity. This Act divided the Homes and the Hepburnes, The Bishop of Dunkeld quiteth his interest. who after that time were never in sound friendship. Dowglas not willing to be seen more in that contention, did quit his interest, An. 1522. leaving the quarrel to the other two, who did pursue it both. Hepburn posting to Rome. laboured to have his election confirmed, but prevailed not. Forman because of his Legation was followed of the Churchmen for the most part, and acknowledged by all the vassals of the See; yet the jarring still continued until the Duke of Albany his coming into the country, The Duke of Albany pacifieth the Competitors. who at his acceptation of the Regency● brought them to a submission, and pacified all these strifes, distributing the Benefices in this manner. To Forman he left the Archbishopric of S. Andrews, and Abbacy of Dunfermlin, which was given him by the Pope in Commendam. The Abbacy of Aberbrothock, Lesl. l. 9 which Forman likewise possessed, he gave to james Beaton Archbishop of Glasgow, and Chancellor for the time. The Prior john Hepburn was contented with a pension of three thousand Crows, which Forman was ordained to pay him during life; and upon his brother Master james Hepburn was the Bishopric of Murray bestowed. Alexander Gordon Cousin to the Earl of Huntley, was made Bishop of Aberdene, james Ogilvy a brother of the house of Ogilvy, Abbot of Drybrugh, and George Dundass of the house of Dundass, Commendator of the preceptory of Torphichen. This partition did satisfy them all, and so they were fully reconciled. Some few years after, Forman died at Dunfermlin, where he was also buried; A plain and open man, but said to be profuse; besides the Benefices he possessed in Scotland, he was Archbishop of Burges in France, by the gift of King Lewis the twelfth; which did greatly increase his means. 39 Upon the death of Forman, james Beaton translated from Glasgow to S. Andrews. james Beaton Archbishop of Glasgow, and Chancellor of the Kingdom, was translated to S. Andrews. Master Gawane Dumbar, to whose instruction the young King was committed, was preferred to this place. The troubles of the time were great because of the minority of the King, and therein this Bishop had not the least part, being chased from the Court, and from his own dwellings, glad to lurk, and shift himself a long time from place to place amongst friends, Lesl. l. 9 to eschew the violence of the Douglases, who had settled themselves about the King, Buchan. l. 14. and swayed all affairs at their pleasures. But it was not long ere he made even with them; The Queen-mother (who had taken the Earl of Angus to her husband) falling into dislike of him, and pursuing a divorce in the Bishop's Court, which she easily obtained: Thereupon the young King his escape from the Douglases, and their exile in England, at which time the Bishop was reponed to his office and place; seventeen years he lived Bishop of this See, and was herein most unfortunate, that under the shadow of his authority many good men were put to death for the cause of Religion, though he himself was neither violently set, nor much solicitous (as it was thought) how matters went in the Church. The first that was called in question, Mr. Patrick Hamilton Abbot of Ferm Martyr. was Master Patrick Hamilton Abbot of Ferm, a man nobly descended (for he was Nephew to the Earl of Arrane by his father, and to the Duke of Albany by the Mother) and not much past twenty three years of age; This young gentleman had traveled in Germany, and falling in familiarity with Martin Luther, Buchan. l. 14. Philip Melanchthon, Francis Lamberd, and other learned men was by them instructed in the knowledge of true Religion; in the profession whereof he was so zealous, as he was resolved to come back into his country, and communicate the light he had received unto others. At his return, wheresoever he came, he spared not to lay open the corruptions of the Roman Church, and to show the errors crept into Christian Religion: whereunto many gave ear, and a great following he had both for his learning and courteous behaviour to all sorts of people. The Clergy grudging at this, under colour of conference, enticed him to the city of S. Andrews; and when he came thither, appointed Friar Alexander Campbel to keep company with him, and to use the best persuasions he could to divert him from his opinions. Sundry conferences they had, wherein the Friar acknowledging, that many things in the Church did need to be reform, and applauding his judgement in most of the points, his mind was rather confirmed, History of the Church. p. 21. then in any sort weakened. Thus having stayed some few days in the city, whilst he suspected no violence to be used, under night he was apprehended being in bed, and carried prisoner to the Castle; the next day he was presented before the Bishop, accused for maintaining the Articles following. 1. That the corruption of sin remains in children after their Baptism. An. 1527. 2. That no man by the power of his free will can do any good. 3. That no man is without sin so long as he liveth. Articles wherewith the Abbot was charged. 4. That every true Christian may know himself to be in the state of grace. 5. That a man is not justified by works, but by faith only. 6. That good works make not a good man, but that a good man doth good works, and that an ill man doth ill works, yet the same ill works truly repent, make not an ill man. 7. That Faith, Hope, and Charity are so linked together, that he who hath one of them hath all, and he that lacketh one, lacketh all. 8. That God is the cause of sin in this sense, that he withdraweth his grace from man, and grace withdrawn, he cannot but sin. 9 That it is a devilish Doctrine to teach, that by any actual penance remission of sin is purchased. 10. That auricular Confession is not necessary to salvation. 11. That there is no Purgatory. 12. That the holy Patriarches were in heaven before Christ's Passion. 13. That the Pope is Antichrist, and that every Priest hath as much power as the Pope. Being desired to express his mind touching these Articles, he said, That he held the first seven to be undoubtedly true, whereunto he offered to set his hand: the rest (he said) were disputable points, but such as he could not condemn, unless he saw better reasons then yet he had heard. Manuscript process which is extant under the hands of the Theologues. After some conference kept with him on each Article, the whole were remitted to the judgement of the Theologues. There met to this effect Master Hugh Spence, Provost of S. Salvators College, Master james Waddall Parson of Flisk, and Rector of the University, Master james Simson Official of S. Andrews, Master Thomas Ramsay, professor of the holy Scriptures, Master john Grison Theologue, and Provincial of the Black Friars, john Tillidaff Warden of the Grey Friars, Master Martin Balfoure, and Master john Spence Lawyers; Sir Alexander Young, Batchelar of Divinity, Sir john Annand, Cannon of of S. Andrews; Friar Alexander campbel Prior of the Black Friars, and Master Robert Bannerman Regent of the Pedagogy. These men within a day or two, presented their Censure of the Articles, judging them all Heretical, and contrary to the faith of the Church. This subscribed with all their hands, and delivered to the Bishop in a solemn meeting, kept in the Cathedral Church the first of March 1527. sentence was pronounced against the young Gentleman, declaring him an Heretic: and giving him over in the hands of the secular power to suffer punishment due to Heresy. There assisted the Bishop in that meeting, The subscrivers of the sentence. Gawine Archbishop of Glasgow, George Bishop of Dunkeld, john Bishop of Brichen, and William Bishop of Dumblane, Patrick Prior of S. Andrews, David Abbot of Aberbrothock, George Abbot of Dumfermling, Alexander Abbot of Cambuskenneth, Henry Abbot of Lundors, and john Prior of Pettenweem, the Dean, Subdean, and Thesaurer of the Church of Glasgow, with the Rectors of Stobo, Areskin, Carstares, Goven and Glasgow: All which set their hands to the sentence, and to give it the greater authority, whosoever were of any estimation in the University, were made to subscrive the same, amongst whom was the Earl of Cassels, a child of thirteen years old. The same day, The manner of his execution, and speech at his dying. (for the execution was hastened, lest the King who was gone at that time in Pilgrimage to S. Duthak in Rosse should impede the proceeding) he was condemned by the secular Judge, and in the afternoon led to the place of his suffering, which was appointed to be at the gate of S. Salvators College. Being come to the place, he put off his Gown, and gave it with his Bonnet, Coat, and other apparel to his servant, saying, This stuff will not help in the fire, yet will do thee some good, I have no more to leave thee, but the ensample of my death, which I pray thee keep in mind. For albeit the same be bitter, and painful in man's judgement, yet is it the entrance to everlasting life, which none can inherit, that denieth Christ before this congregation. Then was he tied to the stake, about it a great quantity of coal, wood, and other combustible matter was heaped, whereof he seemed to have no fear, but seriously commending his soul into the hands of God, held his eyes fixed towards the heavens. The Executioner firing the powder that was laid to kindle the wood, his lest hand and the side of his face was a little scorched therewith, yet the fire did not kindle. History of the Church. Whereupon some were sent to the Castle to bring more powder; whilst this was bringing, he uttered divers comfortable speeches to them that stood by: The Friars all that time molesting him with their cries, bidding him convert, pray to our Lady, and say, Salve Regina: amongst them none was more troublesome than Friar Alexander campbel, who, as we said, kept company with him at his first coming to the City; often he besought him to depart, and not to vex him; His appealing of Friar campbel. but when he would not cease his crying, he said, Wicked man, thou knowest I am not an heretic, and that it is the truth of God, for which I now suffer; so much thou didst confess unto me in private, and thereupon I appeal thee to answer before the judgement seat of Christ. The powder by this time was brought, and the fire kindled, after which with a loud voice he was heard to say, How long, O Lord, shall darkness oppress this Realm? how long wilt thou suffer this tyranny of men? and then closed his speeches with these words, Lord jesus receive my spirit. His body was quickly consumed (for the fire was vehement) but the patience and constancy he showed in his dying, stirred up such compassion in the beholders, Friar campbel dieth of a Frenzy. History of the Church. p. 23. as many of them doubted not to say, that he suffered an innocent, and was indeed a true Martyr of Christ. This opinion was further confirmed by the death of Friar campbel, and the manner of it; for within a year and less, he fell into a frenzy, and died as one desperate. The rumour of this execution stirred up some in all the quarters of the Kingdom to inquire of the reasons of his suffering, Numbers brought to the knowledge of the truth by his suffering. and what the articles were for which he was condemned; by the inquisition whereof, many were brought to understand, and apprehend otherwise of the truth of things, then formerly they did. In the University itself was left so deep an impression of his Doctrine, Buchan. l. 14. as could not afterwards be extinguished; yea divers of the Friars fell after this time openly in their Sermons to condemn the errors, Friar Seaton suspected of Heresy. and abuses of the Clergy. Friar Alexander Seaton one of the Dominican Order, a man reasonably learned, and for the time Confessor to King james the first, preached ordinarily at S. Andrews all the Lent following, History of the Church. where taking for his subject the Commandments of the Law, he did insist much on these points: That the Law of God is the only rule of righteousness: That if God's Law be not violated, no sin is committed: That it is not in man's power to satisfy for sin: and that the forgiveness of sin, is no otherwise purchased, then by unfeigned repentance, and true faith, apprehending the mercy of God in Christ. Of Purgatory, Pilgrimage, prayer to Saints, Merits and Miracles, which was the usual matter of Friar's Sermons, not a word he spoke; whereupon he grew to be suspected as one inclining to heresy. About the end of Lent, upon some occasion he went to Dundy, and being there, was advertised, that another of his Order was set up to resute the points of Doctrine he had taught; which moved him to return to S. Andrews, and confirm the same points which he had formerly delivered, adding somewhat besides of the virtues required by the Apostle in a good and faithful Bishop. Thereupon he was called before the Bishop, Friar Seaton called before the Bishop. and charged to have affirmed in his Sermon, that a Bishop should be a Preacher, and that the Bishop who preached not, was a dumb dog, and one that fed not the flock, but his own belly. The Friar answering, That he had said indeed, that S. Paul required a Bishop to be a Teacher, and that Esay called them dumb dogs who did not preach, but that he himself had affirmed nothing. I declared, said he, what the Spirit of God said, with whom if men offend not, they cannot justly offend with me; and those that have reported my speeches, seem to be unlearned affes, who cannot put a difference betwixt that which Esay, and S. Paul speaks, and that which of myself I speak. I never said that you my Lord and the other Bishops who preach not, are dumb dogs, I only told what the Prophet and the Apostle said in that case. This answer galled the Archbishop exceedingly, yet knowing the man to be one of an audacious and bold spirit, he dissembled his anger, minding to bring him in discredit with the King; which was easily wrought, because of the liberty the Friar used in reproving the King's licentiousness. So perceiving the King's countenance altered towards him, The Friar flieth to Berwick, and from thence writeth to the King. and fearing some danger, if he should stay any more at Court, he fled to Berwick, and from thence wrote unto the King, showing the cause of his sudden departing to be the fear he conceived of the authority of the Bishops, who had behaved themselves as Kings, and would not admit any man, of what state or degree soever he was, if once they did account him an heretic to speak in his own defence; Notthelesse for himself, he offered to return, and justify his cause, so as he might have audience. Withal, he advertised the King, that it concerned him in duty to see that every one who is accused of his life, be permitted to use his lawful defences: for howsoever the Prelates held, that such matters belong not to the cognition of the Prince, he would make the contrary manifest by their own laws, if he should be once heard. Wherefore he besought his Highness not to be led any more by their informations, but to use the authority committed unto him by God, and not to suffer these Tyrants proceed against him, till he was brought to his answer, which he would not refuse to give, so as he might be assured to do it with the safety of his life. This letter receiving no answer, He becometh Chaplain to the Duke of Suffolk. after he had stayed a while at Berwick he went to London, and became Chaplain to Charles Duke of Suffolk, in whose service he died. In the book of Martyrs I read, that Gardiner Bishop of Winchester, by his crafty and subtle persuasions, induced him to make a recantation of sundry points at Paul's Cross; Acts of Martyrs. but what his belief was of most of the Articles of Christian faith, it appeareth by the Treatises he left behind him; his examination by Gardiner and Bonner (which he likewise published, discovering the policies they used to circumvene him) doth testify his constancy in the truth, and that he never denied any point which formerly he had taught. Soon after his flight, Henry Forrest Martyr. one Henry Forrest was delated for saying that Master Patrick Hamilton died a Martyr, and thereupon was brought to S. Andrews: but because the probation was not clear enough, Friar Walter Lainge was appointed to confess him. The simple man that feared no harm, being asked by the Friar what was his judgement of Master Patrick, answered, That he esteemed him to be a good man, and that the Articles for which he was condemned, might well be defended. This confession revealed by the Friar, was taken for a sufficient evidence, and the poor man condemned to be burnt as an heretic. As he was leading out to be degraded, he complained grievously of the Friar who had betrayed him, crying out, Fie on falsehood, fie on false Friars, revealers of confession. Never let any man trust them after me. They are despisers of God, and deceivers of men. And when they were taking from him his Orders, (for he was of the Order of the Bennet and Collet (as they used then to speak) he cried aloud, Take not only from me your Orders, but your Baptism also. So being carried to the place of execution, (which was appointed to be at the North stile of the Abbey, to the end the heretics of Angus might see the fire) he suffered death most constantly. Whilst they were consulting upon the manner of his execution, one john Lindsay a plain and simple man who attended the Bishop, gave advice to burn him in some hollow cellar: for, the smoke, saith he, of Master Patrick Hamilton hath infected all those on whom it blew. Yet the persecution still proceeding, Divers cited to appear at Halirudhouse. divers were cited to appear at Halirudhouse, by james Hay Bishop of Ross, who sat as Commissioner for the Archbishop of S. Andrews, amongst others james Hamilton of Levingston, brother-germane to Master Patrick, with Katherine Hamilton his sister. The Gentleman was advised by the King secretly, (for he loved the man) not to appear, and was for his contumacy condemned. His sister appearing, and questioned upon the point of justification by works, answered simply, that she believed no person could be saved by their works. Master john Spence the Lawyer, (whom we named before) held a long discourse with her about that purpose, telling her that there were divers sorts of works, works of congruity, and works of condignity; in the application whereof he consumed a long time. An. 1534. The woman growing thereupon into a chafe, cried out, Work here, work there, what kind of working is all this? I know perfectly that no works can save me, but the works of Christ my Saviour. The King was present all the time, and laughed heartily at the answer, yet taking the Gentlewoman aside, he moved her to recant her opinions, and by her ensample divers others at the same time abjured their profession: of which number were, Sir William Kirk Priest, Adam Daes, Henry Cairnes, Master William johnston Advocate, Master Henry Henryson Schoolmaster in Edinburgh, and john Stewart In-dweller in Leith. These persons scarce dismissed, Normand Gourlay and David Straiton Martyrs. Master Normand Gourlay, and David Straiton were brought to trial. Master Normand was charged for denying Purgatory, and saying that the Pope had no jurisdiction within Scotland; David Straiton was charged with the same points, and further was accused, for maintaining that Tithes were not due to Churchmen: Acts of Martyrs. which point he denied, confessing that the tithes of some fishes which his servants had taken at sea, being too rigorously exacted, he said, that if they would have the tithes of the fishes they should go and receive them where the stock was taken; and that he gave order to his servants to cast every tenth fish they took into the Sea, because he saw nothing but rigour would content the Church. This Gentleman had been in former times very quarrelous and turbulent, History of the Church. but was then become another man, through frequenting the company of john Areskyn of Dun, by whom it pleased God to enlighten his mind with the knowledge of his truth, and to kindle in his heart such a love to the same, as usually he was heard to pray for strength and spiritual courage, that if he should be brought to suffer for Christ, no fear of death nor corporal pain might cause him shrink. And it clearly appeared, when he was brought to his answer, that his prayers were heard. For notwithstanding of the offers made him to recant and burn his bill, (as they spoke at that time) he stood most constantly to the defence of the truth, and gave great encouragement to Master Normand Gourlay, who suffered with him. These two were burnt at one stake the 27. of August, 1534. At the same time was sentence pronounced against Alexander Alesse, Master john Fife, Alexander Alesse and others, fly to England. john Mackbee, and one Macdongal, who were summoned to the said Diet, and compeered not. These persons fled afterwards into England, where they remained a while well entertained. Alexander Alesse by the commendation of the Lord Cromwell came in favour with King Henry the eighth, and was called commonly the King's Scholar; as he was indeed a man of good learning, and gave thereof a notable proof in his dispute with Stockeslie, Bishop of London, before the Convocation in the year 1537. After Cromwel's death, taking with him Master john Fife, Bal. cent. 14. he went into Saxony, where they lived Professors together a long time in the University of Lipsia. Macdongal went also in their company, and came to good credit, being elected Burgomaster of one of their Towns. john Macbee, commonly ealed Doctor Machabeus, during his abode in England, was liberally entertained by Nicol Saxton, Bishop of Salisbury, who made much account of him, but afterwards going to Denmark became Chaplain to King Christian, in whose service he died in the year 1550. Thus it pleased God to provide for these men after their exile. Some four years after, Divers accused of heresy in a meeting at Edinburgh. the Bishops kept a meeting at Edinburgh in the month of February, 1538. where divers were accused of heresy, and condemned to die. Friar Killore, Friar Beverage, Sir Duncane Simpson Priest, Robert Forrester a Gentleman, and Dean Thomas Forrest a Cannon of S. Colinsinch, called commonly The Vicar of Dolour. An. 1538. This poor man not long before had been called before the Bishop of Dunkeld his Ordinary, The Vicar of Dolour his conference with the Bishop of Dunkeld. for preaching every Sunday to his Parishioners upon the Epistles and Gospels of the day, and desired to forbear, seeing his diligence that way brought him in suspicion of heresy. If he could find a good Gospel, or a good Epistle that made for the liberty of the holy Church, the Bishop willed him to preach that to his people, and let the rest be. The honest man replying, That he had read both the new Testament and the old, and that he had never found an ill Epistle or an ill Gospel in any of them. The Bishop said, I thank God I have lived well these many years, and never knew either the old or new. I content me with my Portuise, and Pontifical, and if you Dean Thomas leave not these fantasies, you will repent, when you cannot mend it. Dean Thomas answered, History of the Church. that he believed it was his duty to do what he did, and that he had laid his account with any danger that might follow. So at this time being brought in question with the persons above named, Vetimo Febr. 1538. they were all together condemned, and burnt in the fire upon the Castle hill of Edinburgh. This year in Glasgow, Friar Russel and one Kennedy martyred at Glasgow. Hieronymus Russel of the Order of the Grey Friars, and one Kennedy a young man of Air, not past 18. years of age, were accused likewise of heresy; but because the Archbishop Mr. Gawine Dumbar, was esteemed somewhat cold in those businesses, Master john Lawder, Master Andrew Oliphant, and Friar Maltman were sent from Edinburgh to assist at their trial; Kennedy at his first appearing in judgement discovered some weakness, and would gladly have saved his life by denying the points laid to his charge; History of the Church. but encouraged by Hieronymus, and by the answers he made to the Judges, he gathered his spirits, and falling down upon his knees, broke forth in these words; Wonderful O God is thy love and mercy towards me a miserable wretch, for even now when I would have denied thee, and thy Son the Lord jesus Christ, my only Saviour, and so have thrown myself into everlasting condemnation; thou by thine own hand hast pulled me back from the bottom of hell, and given me to feel most heavenly comfort, which hath removed the ungodly fear, that before oppressed my mind. Now I defy death, do what you please, I praise God, I am ready. The Friar reasoned long, and learnedly against his accusers, and being answered only with rail, and bitter speeches, said, This is your hour, and power of darkness; Now you sit as judges, and we stand wrongfully condemned, but the day cometh which will show our innocence, and you shall see your own blindness, to your everlasting confusion; Go on, The Archbishop dissuadeth the execution. and fulfil the measure of your iniquity. At which words the Archbishop was greatly moved, affirming that these rigorous executions did hurt the cause of the Church more than could well be thought of, and therefore declared, that in his opinion it should be best to save the lives of the men, and take some other course with them; but these others who were sent to assist, told him expressly, that if he followed any milder course, then that which had been kept at Edinburgh, they could not esteem him the Church's friend: whereupon he was compelled to give way to their cruelty, and thus these Innocents' were condemned to be burnt alive. All the time they were preparing the fire, The courage of Russel at his dying. Hieronymus comforted mightily the young man, using these speeches unto him, Fear not brother, for he is more mighty that is in us, than he who is in the world. The pain which we shall suffer is short, and light, but our joy and consolation shall never have an end; death cannot destroy us, for it is destroyed already by him, for whose sake we suffer: Therefore let us strive to enter in by the same strait way, which our Saviour hath taken before us. Many other comfortable speeches he uttered, which moved the hearers wonderfully. When they were brought to the place of their suffering, they used not many words, but commending their souls to God, after they were tied to the stake, endured the fire constantly, without expressing any token of fear or amazement. It was about the same time, Master George Buchannan eseapeth out of prison. that Master George Buchannan (who for his rare erudition was afterwards in great fame) for some biting verses against the Franciscans was committed to prison, but he escaping by a window of the chamber, wherein he was detained prisoner, whilst the Keepers were fast asleep, fled into France. Thus there passed few days, Buchan. l. 14. wherein some one or other was not called in question for Religion. The History of the Church. But the more hot the persecution was, the favourers of the truth did every day the more increase. And now had the Archbishop james Beaton committed the charge of all Church-affairs to his Nephew the Cardinal (who succeeded in his place) for he was aged and sickly himself, The Archbishop committeth the charge of all affairs to his Nephew the Cardinal. and not seen often abroad. In his last days he began to erect the new College in S. Andrews, and set men a-work to build the same; but neither lived he to finish the work, nor were the moneys he left in store to that use rightly bestowed. Some contestings a few years before he and the Clergy had with the King, because of the impositions laid upon the Prelates, An. 1539. for the entertainment of the Senators of the College of Justice. So as the matter was drawn by an appeal to Rome, and Gawine Dumbar Bishop of Aberdene appointed to prosecute the same, A contest for the imposition laid upon the Clergy for the Lords of Session. But this ceased upon an accord made, which was, that the Senate should consist of fourteen Ordinaries with a Precedent, seven of the Spiritualty, and as many of the Temporalty; the Precedent always being of the spiritual estate, and a Prelate constitute in dignity. According to this appointment, a ratification passed in Parliament anno 1537. and the Abbot of Cambuskennoth was elected Precedent of the new Senate in the year 1539. Buchar. l. 14. The Bishop a little after he had assisted as witness at the Christening of the King's first son, Lesl. l. 9 who was born at S. Andrews, departed this life, having designed his successors in all the Benefices he enjoyed, which were not a few; for besides the Archbishopric of S. Andrews, Bishop Beaton dieth. he possessed the Abbacies of Aberbrothock, Dunfermlin, and Kilwining. To his Nephew the Cardinal, he left S. Andrews and Aberbrothock. To George Dury his kinsman the abbacy of Dunfermlin, and to ... Hamilton of the house of Roplock, the abbacy of Kilwining. All which, the King for the esteem wherein he held this Bishop whilst he lived, confirmed to them according to his Will: he was buried in the Abbey Church before the high Altar. In his time lived Master john Maior, The learned men that lived in this time, M. john Maior. Hector Both, Gilbert Crab, and William Gregory, men of good learning, and worthy to be remembered. Master john Maior was born at Hadington, within the Province of Lothian, and trained up from his youth in the study of letters. A while at Cambridge he heard Philosophy taught, but finding the place not so convenient, he went to Paris, and past his course in the College of Montacute. After that he gave himself to Theology, commencing Doctor amongst the Sorbonists, Bal cent. 14. and in scholastic Divinity was not much behind any of his time, which his Decisiones sententiarum, Sophisticalia Parisiensia, and that other work entitled Placita Theologica, do sufficiently witness. Returning afterwards unto his country, he professed Theology in S. Salvators College at S. Lest. l. 9 Andrews, whereof he was made Provost, and died there being of a good age: a man well inclined, ingenious, and according to these times not unlearned. He wrote the story of his country, howbeit in a Sorbonick and barbarous style, yet very truly, and with a great liberty ofspirit, not sparing the usurpation of Rome, and taxing in divers places the laziness and superfluity of the Clergy: which could hardly be done in those times without danger. Hector Boethius was Principal of the College of Aberdene, Hector Both. a great Philosopher, and much commended by Erasmus for his eloquence, and felicity of ingeny. Buchannan, Bal. Cent. 14. who could well discern of learned men, speaking in a certain place of him sayeth, Quòd non solum artiùm liberalium cognitione suprà quam illa ferebant tempora insignis crat, sed etiam humanitate & comitate singulari praeditus; That he was not only notably learned in the liberal Sciences above the condition of those times, but also of an exceeding courteous and humane inclination. Yet is he traduced by some of the English Writers for a fabulous and partial Historian. But they who like to peruse his History, will perceive that this is spoken out of passion and malice, and not upon any just cause. Gilbert Crabbe lived in the country of France, Gilbert Crab. much esteemed for his dexterity and diligence in the education of youth; he was sent to Paris by his friends being yet very young, and having studied his course there, was preferred to be Sub. dean of a Church near unto Bordeaux, Bal. cent. 15. yet ceased not to advance the knowledge of letters at his uttermost; and was so respected, as the children of all the Noblemen in those parts were committed to his instruction. He died young at Bordeaux, not having attained to the fortieth year of his age, much lamented of those that knew him. William Gregory lived in Tholouse, William Gregory. and was made General of the Carmelites in the Diocese of Meaulx and Tholouse, which Order he is said to have greatly reform. Baleus writeth that he received much kindness of this Gregory at Tholouse in the year 1527. Bal. ibidem. and saith, that he died in that City, having left divers monuments of his ingeny to the posterity, the Catalogue whereof you may see in the place. With this I shall join another, not for any commendation of his learning, for he had none, nor for his good qualities, which were as few; but for strange and extraordinary things seen in him, john Scot his memorable fasting. which in the time ministered occasion of great talk and wondering to many. This man named john Scot having succumbed in a plea at law, and knowing himself unable to pay that wherein he was adjudged, took sanctuary in the Abbey of Halirudhouse, where out of a deep displeasure he abstained from all meat and drink the space of 30, or 40, days together. Public rumour bringing this abroad, Buchan. l. 14. the King would have it put to trial, and to that effect shut him up in a private room within the Castle of Edinburgh, whereunto no man had access; he caused a little bread and water to be set by him, Lesl. l. 9 which he was found not to have tasted in the space of 32. days. This proof given of his abstinence, he was dimitted, and coming forth into the street half naked, made a speech to the people that flocked about him, wherein he professed to do all this by the help of the Blessed Virgin, and that he could fast as long as he pleased. Many did take it for a miracle, esteeming him a person of wonderful holiness; others thought him to be frantic and mad; so as in a short time he came to be neglected, and thereupon leaving the country went to Rome, where he gave the like proof of his fasting to Pope Clement the seventh. From Rome he came to Venice apparelled with holy vestures, He taketh his journey to the holy Sepulchre. such as the Priests use when they say Mass, and carrying in his hand a Testimonial of his abstinence under the Pope's Seal, he gave there the like proof, and was allowed some five ducats to make his expense towards the holy Sepulchre, which he pretended to visit. This voyage he performed, and then returned home ● bringing with him some palmtree leaves, and a scripful of stones, which he said were a part of the pillar to which our Saviour was tied when he was scourged; He is imprisoned in London. and coming by London, went up into the Pulpit in Panls' Churchyard, where he cast forth many speeches against the divorce of King Henry from Katherine his Queen, inveighing bitterly against him for his defection from the Roman See, and thereupon was thrust in prison, where he continued 50. days fasting. After that being dimitted (for they held him to be a mad man) he came directly into Scotland, Thomas Doughty suffered to abuse the people. and remained in company with one Thomas Doughty, who a little before was returned from Italy, and had built a little Chapel to the holy Virgin, with the money he had begged in his travel. This man by his counterfeit miracles made great advantage amongst the simple people; and albeit he was known to be a cozening fellow, and in life extremely vicious, yet was he suffered by the Clergy to abuse the ignorant multitude, for that the opinion of Purgatory, Pardons and prayers to Saints, which began then every where to be despised, was by this mean nourished amongst the people. Scot grudging that Doughty did appropriate all the gain he made to himself, Scots emulation of Doughty, and his cozenage. did not admit him a partner in the same, retired to a house in the suburbs of Edinburgh, at the Western part of the Town, and therein erected a religious Altar, which he adorned in the best manner he could, setting up his daughter a young maid of reasonable beauty upon the Altar, and placing lights and torches round about her: the simple sort for a long time believed her to be the Virgin Marry, and frequented the place in great numbers to do her worship: but the knavery coming to be detected, he forsook his Altar, and forgetting all his devotion, returned to his first trade and manner of life. Lesley in his story saith, that he prophesied many things concerning the decay of the Romish Religion, and the restitution of it in a short time; of the decay he might speak having seen it begun, but for other things he was a dreamer rather than a Prophet. 40. The first act of the Cardinal after his promotion, did show what an enemy he would be to those who in that time were called heretics; The history of Cardinal Beaton. for he was not well warmed in his seat, when to make his greatness seen, he brought to S. Andrews, the Earls of Huntley, Arran, Martial, and Montrosse; the Lords Fleming, Lindsay, 〈◊〉, and 〈◊〉, with divers other Barons and men of quality. There came thither also, Gawine Archbishop of Glasgow Chancellor, William Bishop of Aberdene, Henry Bishop of Galloway, john Bishop of Bri●●en, and William Bishop of Dumblane; The Abbots of Melross, An. 1540 Dunfermlin, Lindors, and Kinlosse, with a number of Priors, Deans and Doctors of Theologie. And they all having convened in the Cathedral Church, he sitting in a Chair somewhat erected above the rest, (for that he was a Cardinal) began to expone the dangers wherein the Catholic faith stood by the increase of heretics, and the boldness they took to profess their opinions openly even in the King's Court, Sir john Borthwick cited for heresy. where he said they found too great countenance. In special he named Sir john Borthwick, commonly called Captain Borthwick, whom he had caused cite to that Diet for dispersing heretical books, and for maintaining divers Articles contrary to the doctrine of the Roman Church, desiring their assistance in the procedure of Justice against him. The heads of the accusation were read. 1. The heads of his accusation. That he held the Pope to have no greater authority over Christians, than any other Bishop or Prelat had. 2. That Indulgences and Pardons granted by the Pope were of no force nor effect, but devised to abuse people, and deceive poor ignorant souls. 3. That Bishops, Priests, and other Clergy men, may lawfully marry. 4. That the heresies, commonly called the heresies of England, and their new Liturgy was commendable, and to be embraced of all Christians. 5. That the people of Scotland are blinded by their Clergy, and professed not the true faith. 6. That Churchmen ought not to enjoy any temporalties. 7. That the King ought to convert the rents of the Church into other pious uses. 8. That the Church of Scotland ought to be governed after the manner of the English. 9 That the Canons and Decrees of the Church were of no force, as being contrary to the law of God. 10. That the Orders of Friars and Monks should be abolished, as had been done in England. 11. That he did openly call the Pope Simoniack, for that he sold spritual things. 12. That he did read heretical books, and the New Testament in English, and some other Treatises written by Melanchthon, Oecolampadius, and Erasmus, which he gave likewise unto others. 13. The last and greatest point was, that he refused to acknowledge the authority of the Roman See, or be subject thereunto. These accusations (he not appearing, Sir john Borthwick denounced heretic. nor any in his behalf) were taken as confessed, and he denounced an heretic, yea an heresiarch, (for so the sentence beareth) his goods ordained to be confiscate, himself burnt in effigy, if he could not otherwise be apprehended, and all manner of persons inhibited to relieve or entertain him, under the pain of cursing or forfeiture. This sentence was given against him the 28 of May, Anno 1540 and the same day was his picture burnt in the open Market place of S. Andrews, as likewise in Edinburgh some two days after. Acts of Mart. Sir john Borthwick hearing how they had proceeded against him, fled into England, where he was kindly received by Henry the eighth then reigning, and by him employed in a Commission to the Protestant Princes in Germany, for a confederation betwixt him and them in defence of their common profession. King Henry had some years before sent into Scotland the Bishop of S. David's to present the King his Nephew with some English books, The King invited to meet his Uncle King Henry at York. containing an Exposition of the principal heads of Christian Religion, thinking to induce him to make the like reformation which he had made in England. And at that time came Lord William Howard, Buchan. l. 14. Lesl. l. 9 Holinshed history of Scotland. to desire the King to meet his Uncle King Henry at York, upon some occasions tending to the common good of both Kingdoms. The King consenting a Diet was appointed, and all things prepared for the journey. But the Cardinal and Clergy fearing the effects of that conference, The Cardinal and Clergy seek to impede the meeting. laboured with the Courtiers to divert him, and before the King himself they laid divers terrors; as, That he would be detained prisoner in England, as King james the first had been● That he should make himself suspected to the Emperor, An. 1541. and to his old confederate the French King: And, which he was most to regard, incur the Pope's displeasure by treating too familiarly with him, that was lying under the highest censure of the Church. Yet stood the King resolute for the journey, foreseeing (as also it happened) that if he should break the Diet, the same might breed the English Kings dislike, and be an occasion of war, on which he would not hazard, unless he knew of means to entertain the same. The Clergy hereupon besides the representation of some moneys in hand, made offer of an annuity of fifty thousand Crowns, if war should fall out; declaring withal, that by confiscating the goods of heretics, he might gain an hundred thousand more. The King excuseth himself to King Henry. And with such vain hopes they brought him to send a fair excuse to King Henry by Sir james Learmouth his domestic. After this the King being ruled wholly by the Cardinal, followed in all things the appetite of the Clergy, giving commission to Sir james Hamilton his Theasurer, to call and convene all persons suspected of heresy, and inflict the punishments, which after trial they should be found to merit. The King was also heard say, That none of that sort should expect any favour at his hands, nay not his own sons, if they should prove guilty; which put many in fear. But this continued not long, Sir james Hamilton executed. for Sir james Hamilton becoming suspected, and accused of a practice against the King his life, was shortly after executed; and war breaking out with England, he found the Nobility averse from the incursions he intended to make, which did greatly discontent him. These thoughts, with some fearful visions he had by night that much terrified him, withdrew his mind wholly from the extremities on which the Clergy had set him: The King troubled with visions. for at Linlithgow on a night as he slept, it seemed to him that Thomas Scot Justice Clerk came unto him with a company of devils; crying, Woe worth the day that ever I knew thee or thy service, serving thee against God and against his servants, I am adjudged to hell torments. Hereupon awaking, he called for lights, and causing his servants to arise, told what he had heard and seen. History of the Church. The next morrow by the light of day, advertisement was brought him of the Justice Clerk his death, which fell out just at the time that the King found himself so troubled, and in the same manner almost; for he died in great unquietness, The Justice Clerk his fearful death. iterating often these words; justo Dei judicio condemnatus sum, by the righteous judgement of God I am condemned. The form of his death answering the dream so justly, made it the more terrible. Another vision he had in the same place not many nights after, which did more affright him; whilst he lay a sleeping, he imagined that Sir james Hamilton, whom he caused to be executed, came unto him with a sword drawn in his hand, and therewith cut off both his Arms, threatening within a short time to return and deprive him of his life. With this he awaked, and as he lay musing what the dream could import, news were brought him of the death of his two sons, james and Arthur, who died at S. Andrews and Striveling, at one and the very same hour. The next year, which was the year of our Lord 1542. being overwhelmed with grief and passion, The King died at Falkland, An. 1542, the eighth of December. for the loss of his Army received at Solway; he departed this life at Falkland in the 32. year of his age. Some few days before he died, he had advertisement that his Queen was delivered of a daughter at Linlithgow, at which time it is said he burst forth in passion, saying, It came with a lass, (meaning the Crown) and will go with a lass, fie upon it; after which he was not heard to utter many words. The Cardinal hearing that the King was deceased, The Cardinal forgeth the King's Testament. did suborn a Priest called Henry Balfour, to form his last Will, whereby it was declared, that he had committed to the Cardinal, the Earls of Huntley, Argyle, and Murray, the government of the Realm, during his daughter's minority. This Will he caused publish in Edinburgh on the Monday after the King's death, Buchan. l. 15. but the Nobles giving it no credit, and esteeming it a mere forgery, The Earl of Arran elected Governor. did choose the Earl of Arran Regent and Governor of the Realm. Never was any Governor received with greater love and opinion of all sorts; for besides the favour carried to himself, every one was glad to be freed of the Cardinal's Government; and by his first beginnings a strong hope was conceived, that all things should be reform which were amiss both in Church and Kingdom. An. 1542. But this hope soon vanished, in the manner that ye shall hear. King Henry of England hearing that his Nephew the King of Scots was dead, and that he had left one only daughter of seven days old, The King of England seeketh to unite the Kingdoms by marriage. began to think of uniting the two Kingdoms, and reducing the whole Isle under one Government, by the marriage of Edward his son, a Prince of five years old, to the young Queen of Scots. Hereupon he sent for the Earls of Cassils' and Glancarne, the Lords of Fleming, Maxwell, and Grace, (who were taken prisoners at Solway, and detained in England) to Hampton Court, Buchan. l. 15. where he than lay; and at their coming proponed the business unto them, with an offer to dimit them freely, so as they would promise to use their best means with the Governor, and others of the Nobility of Scotland, for obtaining their consents to the Match. The Noblemen liking the motion, and esteeming it a ready means to establish a lasting Peace, gave their promise to deal faithfully in it, and so were sent home with many liberal promises, if the marriage should take effect. In their company returned the Earl of Angus, and his brother Sir George, (who had been exiled a long time in England) with letters to the Governor from the King for their restitution. The matter being moved to the Governor, A Parliament at Edinburgh. and Council, it was liked by all, the Queen-mother and the Cardinal only excepted: and for this a Parliament was called at Edinburgh the 13. of March following, whither came Sir Ralph Sadler as Ambassador from King Henry, Lesl. l. 10. to attend the success. In the beginning a great stir was made by the Cardinal and Clergy that adhered to him, The Cardinal committed. Ambassadors sent into England for concluding the match. Buchan. l. 15. so as the Estates could come to no conclusion, whereupon the Cardinal was committed in the Castle of Dalkeith. The day following by an uniform consent, the Match was agreed, and the Earl of Glancarne, Sir George Dowglas, brother to the Earl of Angus, Sir William Hamilton of Forne, and Sir james Learmouth of Dersay, employed by the Estates to transact with King Henry upon all particulars. In this Parliament upon a petition presented to the Estates for restraining the power of the Prelates in pursuing those they called heretics, The history of the Church. and for liberty to read the Scripture in the English language, Commission was granted to some selected persons for considering the petition, and prescribing what was fit to be done therein. The Commissioners meeting after the Parliament was broke up, declared, That it should be lawful for every one that could read, to use the English Translation of the Bible, The Governors' Preachers suspected by the Clergy. until the Prelates should publish one more correct. Intimation of this liberty being sent through all the Kingdom by the Governors' direction, the Clergy did declaim against him as a favourer of heretics, taking exception at two Preachers he entertained in his house, the one called Friar William, the other john Rough, who did openly in their Sermons inveigh against the Pope's authority, the adoration of Images, invocation of Saints, and other superstitious inventions of Rome. In the end of july the Ambassadors directed towards England, The Ambassadors return from England. returned with satisfaction in all particulars concerning the marriage, and so the contract betwixt the two Kingdoms was signed by the Governor, and those whom the States had deputed for the part of Scotland, and by Sir Ralph Sadler Ambassador for the part of England, History of the Church. and the Seals of the Kingdom interchanged, as use is. The Governor and English Ambassador for the greater assurance, did solemnly swear to observe the Contract in all Articles thereof, dividing the holy Sacrament amongst them, as the custom than was. And now all matters looked fair, The estate of the Governors Court. no man wishing them to go better; for in the Governors' Court was nothing seen, that the severest eye could censure, or reprove. In the public Government such a moderation was kept, as no man was heard to complain. The Governor was reverently obeyed, and held in as great respect, The Bishop of Ross, and Abbot of Paisley, seek to divert the Governor from the Contract with England. as any Kings of preceding times. To be short, every man did promise himself a blessed and happy time; which on sudden all was overturned, and the Realm cast in greater troubles than before. john Hamilton Abbot of Paisley base brother to the Governor, and David Panter (afterwards removed to the Bishopric of Ross) who had lived a long time in France, returning about this time into the country, and being devoted to the French, dealt privately with the Governor, who was of an easy nature, and apt to be taken by those he trusted to break the contract with England. But having small hope to prevail, so long as the Preachers and Gentlemen, whose counsel he followed, remained with him, they used all means to be rid of them; Friar Guilielm fearing to be called in question for his doctrine, The Governors' Preachers and servants part from him. (at which the Abbot was ever excepting) withdrew himself and went into England; john Rough upon some colour was dimitted to preach in the parts of Kile and Carrick; The Laird of grange, Master Henry Balnaves, Master Thomas Ballenden, and Sir David Lindsay of the Mont, who had attended the Governor ever since the time of his promoving to the Regency, had such discontents given them, as they were made too weary of their attendance; History of the Church. and the meaner sort, such as Mr. Michael Durham, Mr. David Borthwick, David Forres, and David Bothwel, men that had served him faithfully and of a long time, were openly menaced, and forced to quit their services. Neither was the Cardinal in this time idle, The Cardinal set at liberty. for being by the Queen's intercession removed from Dalkeith to the place of Seaton, he went from thence without warrant to S. Andrews, none calling him therefore in question; for the Governors' brother, who was then preferred to be Theasurer, and ruled all things at Court, made up a secret friendship with him. A Convention of the Clergy at S. Andrews. Shortly after in a frequent meeting of the Clergy at S. Andrews, the Cardinal laying before them the dangers wherewith the Clergy was threatened by the Match with England, did earnestly incite them to oppose, it, Buchan. l. 15. and contribute moneys, and employ all their friendship to the contrary, seeing it concerned them no less than their lives or estates were worth. They making no difficulty, and offering to contribute all their means to that effect, appointed a present collection to be made, which was trusted to his disposing. The Friars were directed to inveigh in their Sermons against their alliance, and the Priests set on to stir up the popular against the Ambassador, who had many indignities offered him, which he patiently digested, lest he should be thought to minister any occasion of breach. How soon the day appointed for delivering the pledges was come (for that was a condition in the contract) the Ambassador went unto the Governor, The Ambassador of England complaineth of the indignity offered to him. and put him in mind of the pledges, that by the contract he was obliged to enter: complaining withal of the disgraces that he and his Master the King of England received. The Governor answering first his complaint of the insolences committed, said, He should take trial, and punish the committers in such sort, as all might see what affection he bore to the King and Country of England. The Governors' excuse. Buchan. l. 15. But for the pledges, he said, I can neither move them to enter willingly, nor force them if they be unwilling. For you see what a mutiny is raised in the country by the Cardinal, and how uncertain I am of mine own estate; Till this be quieted, I know not in that point what to answer. The Ambassador who understood that to be truth which he spoke, War denounced by England. forbore to urge the delivery of the pledges any more saying he would advertise his Master how the case stood, and attend his directions. Soon after the Ambassador was recalled, the Scots ships and Merchants that were in England, arrested, and open war denounced. The country hereupon drew into factions. The country goeth into factions. The Governor and some few Noblemen that abode with him at Halirudhouse, professing a willingness to keep the contract with England, and Queen mother with the Cardinal and his followers, directly opposing. They having the young Queen in their hands, whom they kept still at Linlithgow, to strengthen their party, The Earl of Lenox recalled from France. sent to recall the Earl of Lenox (who lived then in France) for the old emulation between the two houses of lenox and Hamilton, as also the slaughter of his Father in the field of Linlithgow, which he could not have forgotten, would easily (as they thought) move him to join with them. Buchan. l. 15. Besides, they considered that his presence and friendship, which was great in the country, would aid and countenance their course not a little. Hereupon were messengers dispatched in haste, with letters to the French King, and to the Earl himself. The letters written to himself were full of affection, and therein hopes given of his Match with the Queen mother, and of the Regency of the Realm, during her daughter's minority. And (as flatterers are never wanting to great men) there were some about him, when they understood that he was called home, put him in hope of the Crown itself, if the young Queen should happen to depart this life. For the late King was known to have intended the same, and the Governors' title, they said, would try nought, himself being illegitimate, and procreated in an unlawful marriage, upon a divorce led between his Father and Dame Elizabeth Home his wife, which made him uncapable not of the Crown only, but even of his private inheritance. With such conceits they filled the young Nobleman's head, and (as men are made easily to believe what they earnestly desire) encouraged by these hopes, and the French Kings promises, he returned home. At his coming having saluted the Governor, with whom he dissembled in the best sort he could, The Earl of Lenox welcomed by the Queen-mother and the Cardinal. and visiting the Queen-mother and Cardinal at Linlithgow, who did very kindly receive him, he went to see his friends, and imparted to them the causes of his return, with the hopes that were given him, and the promise he had of aid and supply from the King of France. They approving the course he had taken, advised him to follow his fortune, and promised their assistance to the uttermost. A few days after being advertised, that the Governor was gathering forces to take the young Queen from her Mother, he came to the Queen-mother with four thousand men, The young Queen removed to Striveling. and abode with her, till by a common consent her daughter was sent to Striveling, and committed to the custody of the Lords, Grahame, Areskin, Levingston, and Lindsay. Mean while the Governors' brother did earnestly ply him to relinquish the English alliance, The Governor forsaketh his party, and receiveth absolution from the Cardinal. laying before him the danger wherein he thrust himself, in suffering the Pope's authority to be weakened, on which he said, the security of his title and succession to the Crown did stand; and giving him hopes of benefit, and advancement from the French King: and so far in end prevailed, as the Governor without imparting his mind to the Noblemen, who kept Court with him at Halirudhouse, Buchan. l. 15. went privately to Striveling, and submitted himself to the Cardidal, receiving absolution at his hands, and renouncing the profession he made of the truth, with the alliance contracted with England. A deed that lost him the favour of the country, and brought him in great contempt; for after this fact was he never in regard, the Cardinal from thenceforth carrying all the sway, and leaving him only the shadow of authority. This done, The Cardinal's care to be rid of the Earl of Lenox. the Cardinal's next care was, to rid the Court and the Council of the Earl of Lenox, which was brought about in this sort. Queen-mother by her letters to the French King did advertise what an alteration was made, how the Governor was brought by the Cardinal's means to break with England, and that for assuring the peace of the country, there was nothing more required, than the calling the Earl of Lenox back under some fair colour, Buchan. l. 15. for that his stay at home might prove dangerous, and a suspicion there was already of his inclining to England, which might breed greater troubles than yet had been seen, therefore entreated the King to recall him with speed. The Nobleman suspecting no such dealing (for all that time he was used with great demonstrations of love and kindness by the Queen-mother) began to urge the performance of promises, and had his hopes cunningly entertained, till the answer returned from France; at which time he was advertised by some friends in that Court, that the French King was hardly informed of him, and some courses he had taken, and howbeit he was invited to return, he should not find the welcome he expected. This made him more instant with Queen-mother then before, but it was not long ere he felt himself deluded; The Earl of Lenox finding himself abused, goeth to England. whereupon he retired home discontent, and laid many ways to repair himself, but all sorted to no effect; so as he resolved in end, having lost the French, to offer his service to the King of England, by whom he was kindly received, and afterwards honoured with the alliance of King Henry his Niece, Lady Margaret Dowglas. How soon the Cardinal was freed of the Earl of Lenox, The persecution of the professors in Perth. he set himself to pursue those that were called heretics, and leading the Governor along with him, went first to the Town of Perth, where by delation of one Friar Spence, Robert Lamb, William Anderson, james Rannald, james Hunter, james Finlason, and Helen Stirk his wife, were apprehended. Robert Lamb being accused for interrupting the said Friar in a Sermon he made a Perth, whilst he was teaching, that a man could not be saved without praying to the Saints, confessed that he had done it, saying, It was the duty of every man that knoweth the truth, to bear testimony unto it, The indictment of the persons delated. and not to suffer people to be abused with false doctrine, such as that was. William Anderson, james Rannald, and james Finlason, were indicted for nailing two Rams horns on S. Francis head, the putting of a Cow's rump to his tail, and for the eating of a Goose upon All-hallow evening. james Hunter a Fletcher by occupation, and a simple man without any learning, was charged to have kept company with the said persons. The woman Helen Stirke, was accused for her refusing to pray unto the Virgin Mary, when she was in labour of her birth, and saying, she would only pray to God in the name of jesus Christ. These were the inditements whereupon they were put to trial, They are found guilty, and their behaviour at their suffering. and being found guilty by a Jury, were condemned to die, great intercession was made for their lives to the Governor, but he was so subject to the Cardinal, as without his consent he would give no pardon. Thus the poor innocents' were taken to the common place of execution, and hanged; Robert Lamb at the foot of the Ladder made a pithy exhortation to the people, beseeching them to fear God, and forsake the Leaven of Papistical abominations. The woman desired earnestly to die with her husband, but could not be permitted, sentence being given against her that she should be drowned; yet she followed him to the place of execution, exhorting him by the way to patience and constancy for the cause of Christ. And as she parted from him said, Husband be glad, we have lived together many joyful days, and this day which we must die, we ought to esteem the most joyful of all, because now we shall have joy for ever; Therefore I will not bid you good night, for we shall shortly meet in the Kingdom of heaven. How soon the men were executed, the woman was taken to a pool of water not far of, where having commended her children to the charity of her neighbours, and giving a little babe who was sucking upon her breast unto a nurse, she died with great courage and comfort. Sir Henry Elder, Burgesses exiled, and the Lord Ruthven put from his Provostry. john Elder, Walter Piper, and Laurence Puller, with some other Burgesses were banished, and the Lord Ruthven Provost of the Town discharged of his office, because he was suspected to favour the heretics; his place was given to john Charterhouse of Kilfawnes, and the Citizens commanded to accept him for their Provost; but they excused themselves, saying, they could make no election before the ordinary time; yet the Governor out of his authority charged them to accept of Kinfawnes, threatening to punish those that refused. And for that it was thought after the Governor and Cardinal was gone, that the Townsmen should withstand their Provost, the Lord Grace, and Normand Lesley, son to the Earl of Rothese, were desired to give their assistance. In falling out as was expected, Kinfawn elected Provest, seeketh to force the town to obedience. Kinfawnes convened his friends, to advise how the Townsmen might be forced to obey. The Lord Grace undertaking to enter the Town by the Bridge, Normand Lesley and his followers were appointed to enter at the South-gate, and S. magdalen's day appointed for their meeting. The Lord Grace came early in the morning, but Normand who brought his company by water, Buchan. l. 15. was hindered by the tide; yet all being quiet in the Town, and no appearance of stir, the Lord Grace resolved to enter, esteeming his own forces sufficient; but he was not far advanced, when in the street called Fish-street, the Master of Ruthven, with his company that lay close in some houses near by, The Lord Grace invading Perth is repulsed. issued forth upon him, and compelled him to turn back. The disorder in the fight was great, every one hindering another, so as many were trod to death, and some threescore persons killed. The Cardinal wished rather the loss had fallen on the Lord Ruthvens' side, The Cardinals proceeding against the Professors in Angus and Me●nis. yet he was not ill pleased with the affront that Grace had received; for he loved none of them; and so making no great account of the matter, he went on with his work, and in the country of Angus called many in question for reading the New Testament in English, which as then was accounted an heinous crime. And it is said, The ignorance of these times was so great, Buchan. l. 15. as even the Priests did think the New Testament to have been composed by Martin Luther, An. 1544. and the old to be the only Scripture that men ought to read. john Roger a black Friar, with certain others, Roger a black Friar, imprisoned at Saint Andrews. was brought to the Castle of Saint Andrews, and within some few days found dead at the foot of the back wall: whether he fell seeking to escape, or that he was murdered (as the report went) in prison, it is uncertain. From Angus the Cardinal leading the Governor with him, went to Mernis, using the like inquisition, and stayed there till near Christmas; at which time they returned to S. Andrews, and having past the holy time in feasting, took journey to Edinburgh, where a Convention of the Clergy was kept for censuring the lives of scandalous Priests. Whilst they were thus busied, The history of Mr. George Wishart. advertisement was made to the Cardinal, that Master George Wishart, for whom he had searched a long time, was in the house of Ormeston in Lothian. This man being of all the witnesses that God raised in that time to advance his truth, the most worthy; the Reader will not mislike that I set down the story at large. He was a brother of the house of Pittarrow in Mernis, a man of great knowledge, and pleasant utterance, endued also with many rare virtues; humble, modest, charitable, and patient even to admiration; some time he had spent in the University of Cambridge, and out of a desire to promove the truth in his own country, came home in the year 1544. making his chief resorts in the Towns of Dundy, and Montross, where he taught publicly with great profit and applause. The Cardinal incensed with the following he had among the people, Wishart discharged from preaching at Dundy. discharged them of Dundy to receive him. Whereupon Robert Mill, a man of great authority in the Town, either corrupted by the Cardinal's gifts, or because he feared some trouble might fall upon the Town for his occasion, did one day as he had ended his Sermon, History of the Church. openly prohibit him to come any more amongst them, and not to trouble the Town with his Sermons. He after a little silence turning himself to the speaker, said, God is my witness, that I mind ever your comfort, and not your trouble, which to me is more grievous then to yourselves. But sure I am, to reject the word of God, and drive away his messengers, is not the way to save you from trouble. When I am gone, God will send you messengers, who will not be afraid either for burning or banishment. I have with the hazard of my life remained amongst you preaching the word of salvation; and now since yourselves refuse me, I must leave my innocency to be declared by God. If it be long well with you, I am not led with the spirit of truth; and if trouble unexpected fall upon you, remember this is the cause, and turn to God by repentance; for he is merciful. The Earl Marshal and some other Noblemen, who were present at the Sermon, dealt earnestly with him to go with them into the North, but he excusing himself, took journey into the West parts. He had not been long there, He goeth to the West, where the Archbishop of Glasgow seeketh to apprehend him. when the Archbishop of Glasgow advertised of the great concourse of people unto his Sermons, took purpose to apprehend him, and for that effect made a journey unto the Town of Aire. Alexander Earl of Glaincarne, hearing what the Bishop intended, hasted to the Town, offering to place Master George Wishart in the Church where the Bishop was preparing to preach; but he would not consent, saying, that the Bishop's Sermon would not do much hurt, and that he would teach, if they pleased, at the Market Cross; which he did, divers of the hearers which were enemies to the truth, being converted at the same time. The Sunday following, being desired to preach at the Church of Machlin, he went thither, but the Sheriff of Air had in the night time put in a Garrison of soldiers in the Church to exclude him; Hugh campbel of Kingzeacleugh with others of the Parish offending thereat, would have entered the Church by force, but he would not suffer it, saying, It is the word of peace that I preach unto you, the blood of no man shall be shed for it this day; Christ is as mighty in the fields as in the Church, and he himself when he lived in the flesh, preached oftener in the Desert and upon the Seaside, then in the Temple of jerusalem. So walking along to the edge of the Mort on the Southside of Machlin he preached to the multitude that flocked about him three hours and above: and all the while he abode in those parts, taught daily with good success. After a months stay in these quarters, he was advertised of a great desolation in the town of Dundy by reason of the pestilence, which broke up in it the fourth day after he left the Town. Wishart returneth to Dundy, the pestilence the●e raging. This moved him to return, and on the next morrow after his coming, he gave signification that he would preach; but because the sickness which had consumed a great many people, was still raging in the Town, he choosed to preach upon the head of the East-gate, the infected persons standing without the gate, and those that were free within. His Theme was the 20. verse of the 107. Psalm; He sent his word and healed them, and delivered them from their destruction. Thereupon taking occasion to speak of the dignity and excellency of the word of God, and the punishments that follow the contempt of the same, as also of the mercies of God, and his readiness to pardon those that truly turn unto him, with the happy estate of such as God taketh to himself out of this misery; so he comforted the people, as they were instant to have him stay with them, judging themselves happy if they should die assisted with such a Preacher. Neither did he forsake them all the time the plague continued, and not suffering the poor who were destitute of means, to lack any necessary helps more than the rich. It happened whilst he stayed there, A Priest apprehended that intended to kill him. that a Priest called Sir john Weighton, having a purpose to kill him, as he descended from the place where he used to preach, was apprehended with a weapon in his hand; a Tumult thereupon raised, the sick without the Gate rushed in, crying to have the murderer delivered to them. But he taking the Priest in his Arms, History of the Church. besought them to be quiet, saying, He hath done no harm, only he hath showed us what we have to fear in time coming: and so saved the wicked man by his intercession. The plague decreasing he prepared to go to Edinburgh, He visiteth Montrosse. where he had promised to meet the Gentlemen of the West, that resolved at his parting from them to keep the Convocation, and offer dispute to the Clergy, yet because he had not seen the people of Montrosse of a long time, and was doubtful if ever he should return, he determined first to go thither. Whilst he remained there, a letter was directed to him from the Lord of Kinneir in Fife, advertising him that he had taken a sudden sickness, A plot of the Cardinals for his intercepting, and his wonderful escape. and requesting him to come unto him with diligence. He presently made to the journey, accompanied with some honest Citizens, that would needs convey him part of the way, and was not past a quarter of a mile, when on the sudden he made a stay, saying to the company, I am forbidden of God to go this journey: will some of you be pleased to ride to yonder place (pointing with his finger to a little hill) and see what you find? for I apprehend there is a plot against my life. So turning back to the Town, they who went forward to the place, found some threescore horsemen laid to intercept them; whereby he understood the letter to be counterfeited. They declaring at their return what they had seen, he said, I know I shall end my life in the hands of that man, (meaning the Cardinal) but it will not be after this manner. Some two or three days after he made to his journey, His journey to Edinburgh, and what befell him in the way. and would not be dissuaded by the Laird of Dun, and others who laboured to have him stay. The first night he lodged at Inner-gowry, two miles from Dundy, with an honest man called Fames Watson; where being laid in bed, he was observed to rise a little after midnight, and go forth into a garden: There, after he had walked a turn or two, he fell upon his knees, sending forth many sighs and groans; then prostrating himself upon the ground, he lay in that sort almost an hour, weeping and praying, and then returned to his rest. William Spaldin and john Watson, who lay in the same chamber, and had followed to see whither he went, began to ask him, as if they had known nothing, where he had been; whereunto he made no answer: in the morning enquiring of new wherefore he rose in the night, & what was the cause of such mourning (for they told him all they had seen him do) he with a dejected countenance, answered, I wish you had been in your beds, which had been more four your ease, for I was scarce well occupied. But they praying him to satisfy their minds further, and to communicate some comfort unto them, he said, I will tell you, that I assuredly know my travel is nigh at an end, therefore pray to God for me, that I shrink not when the battle waxeth most hot. Hearing these words, they burst forth in tears, and said it was to them a small comfort: An. 1545. whereunto he replied, God will send you comfort after me, this Realm shall be illuminated with the light of Christ's Gospel, as clearly as ever was any Realm since the days of the Apostles. The house of God shall be built in it; yea it shall not lack (whatsoever the enemies shall devise to the contrary) the very Capestone: neither shall this be long in doing, for there shall not many suffer after me. The glory of God shall appear, and truth shall once triumph in despite of the Devil. But alas, if the people become unthankful, the plagues and punishments which shall follow, will be fearful and terrible. This said, Wishart preacheth at Leith. he addressed himself to the way, and went that night to Perth, the next day he came to Leith, where he kept himself close, expecting some advertisement from the Gentlemen of the West; no advertisement coming, he waxed heavy and sorrowful, and being asked, what made him so heavy? he said, I have laboured to bring people out of darkness, but now I lurk as a man ashamed to show himself before men. They perceiving his desire was to preach, answered, that they would gladly hear him, but considering the danger he might fall into, they could not advise him to do it; he replied, If you and others will hear me the next Sunday, I shall preach in Leith; (let God provide for me as best pleaseth him) Which he did, taking for his text the Parable of the Sour, out of the 13. Chapter of S. Matthews Gospel. Having ended his Sermon, He goeth to East Lothian, and preacheth at Haddington. he was by the Gentlemen his auditors counselled to leave the Town (for they held his abode in that place dangerous:) which advice he followed, remaining some time with the Laird of Brunston, and sometime with the Laird of Languedry and Ormeston; yet every Sunday in one Church or other he taught openly, unto the time of his apprehension. The last Sermon he made was at Haddington, where he received from the Gentlemen of the West a letter, declaring they could not keep the Diet appointed at Edinburgh: which grieved him so much, as call john Knox (who then attended him) he said, I am weary of the world, since I perceive men too weary of God; yet he went to the Pulpit, and rebuking the people of that Town for the contempt of the Gospel, told them, that strangers should possess their houses, and chase them from their habitations; which came shortly to pass. In that Sermon as he had always done since his last coming into Lothian, he spoke of the short time he had to live, and told that his death was more nigh, than they did believe. He goeth to Ormeston, and dimitteth john Knox. All that night he stayed in Haddington, and the next morning bidding those of his acquaintance farewell, as it were for ever, he went on foot to Ormeston, (for the frost was vehement) accompanied with the Laird of the place, john sandeland's of Caulder, and Chretchton of Brunston. john Knox was desirous to have gone with him, but he willed him to go back, saying, One is enough at this time for a sacrifice. When they had supped, There he is apprehended and delivered to the Earl Bothwell upon promise. he fell in a long discourse of the happy estate of God's children, and having ended that purpose, said he had a desire to sleep, but first appointed the 51. Psalm to be sung; which done, he went to bed. About midnight the house was belayed with horsemen, that the Governor sent to take him prisoner. The Laird refusing to deliver him, and thinking to get him shifted, the Earl Bothwell Sheriff of the County came, History of the Church. and he required he should be put in his hand, upon promise that his life should be safe, and that it should not be in the Cardinal's power to do him any hurt. The Laird reporting this to Mr. George, he requested him to open the gate, saying, The blessed will of God be done. So the Earl entered the house, to whom Mr. George said, My Lord, I praise God that so honourable a man as you are doth receive me this night, in the presence of these Noble men; For I am assured your Honour will not permit anything to be done unto me against the Order of the law; I am not ignorant that all the law which they who seek my life use, is nothing but a corruption, and a Cloak to shed the blood of God's Saints: yet I less fear to die openly, then to be murdered in secret. The Earl answered, I shall not only preserve your body from violence, if any be intended against you, but I will promise you on my honour in the presence of these Gentlemen, That neither the Governor nor Cardinal shall be able to harm you, and that I shall keep you in my own power till either I make you free, or bring you back to the place where now I receive you. Upon this promise was he delivered and put in the Earl's hands, who departed with him to Elphinston, where the Cardinal was attending the success; it being told him that young Calder and Brunston were with the Laird of Ormeston, The Lairds of Calder and Ormeston committed. he sent to apprehend them, but Brunston escaped to the wood, the other two were committed to the Castle of Edinburgh, and thither was Mr. George first carried, and afterwards brought back to the house of Hales, (the Earls principal house in Lothian) but Queen Mother at the Cardinal's desire, being earnest with the Earl to have sent him again to the Castle of Edinburgh, albeit in regard of his promise he refused a long time, yet overcome in end by her entreaty, he yielded; So was Mr. George of new taken to the Castle, Wishart carried to S. Andrews. and after a short stay there, conveyed to S. Andrews, where he remained prisoner unto the day of his suffering. The Cardinal not thinking it expedient to delay his trial, The Cardinal sends to the Governor for a Commission. wrote to the Prelates to meet at S. Andrews the 27. of February. The Archbishop of Glasgow, at his coming, gave advice to seek a Commission from the Governor to some man of quality, that might execute Justice, left all the burden should lie upon them; whereunto the Cardinal agreed, supposing the Governor would make no scruple in the matter; nor had he made any, if David Hamilton of Preston knowing what was sought, had not seriously dissuaded him, advising him rather to use his power in the defence of God's servants, then to arm their adversaries with his authority. For it is marvelled, David Hamilton of Presson dissuadeth the Governor. said he, that you should give such liberty to wicked and godless men, thus to oppress poor innocents', unto whose charge no crime is laid; only they are accused for preaching the Gospel of Christ, which yourself not long since openly professed, and exhorted others to profess, promising by your authority to maintain the same. Buchan. l. 15. The opinion which men had of your affection to the truth, was that which chiefly procured your advancement to the place you now hold in the Realm; and now consider what are men's thoughts and speeches of your proceedings, or rather what a fearful unthankfulness it is on your part to Almighty God, who hath bestowed upon you so many blessings. You are rid of your neighbours at home (who envied your honour) without blood and slaughter; you have lately reported victory of the foreign enemy that was stronger by much than yourself, and now will you persecute God's servants for the pleasure of flagitious men, who neither can hide their wickedness, nor have care to dissemble it? Remember how suddenly the late King was taken away, when he followed these courses which now you run. They who by their perverse counsels wrought his undoing, are leading you on to the same destruction. At the first they were your open enemies, and resisted your promotion to the government with all their might, but now I know not how they have snared you by their malicious devices. Think upon King Saul, who was exalted by God from a mean estate to be King of Israel; so long as he obeyed the word of God, he prospered, but how soon he grew disobedient, he became miserable. Compare the success you have had in your affairs with his prosperity, and you will find it not unlike; and of this you may be assured, that except you take another course, your end shall be no better than his, perhaps worse: wherefore be wise, and suffer not yourself to be led any more by the counsels of wicked men, neither let poor innocents' at their appetites be thus cruelly murdered. The Governor moved with these speeches, The Governor desires the Cardinal to defer the trial. did answer the Cardinal, That he should do well not to precipitate the man's trial, but to delay it until his coming; for as to himself he would not consent to his death before the cause were well examined; and if the Cardinal should do otherwise, he would make protestation that the man's blood should be required at his hands. This answer grieved the Cardinal not a little, for he knew that the delay would work the prisoners escape, and to commit the cause to examination, he saw it was more dangerous. Therefore in a great passion he replied, That he wrote not unto the Governor, as though he depended in any matter upon his authority, but out of a desire he had that the heretic's condemnation might proceed with a show of public consent, which since he could not obtain, he would be doing himself that which he held most fitting. Thus he made a citation to be given forth, A citation for his appearance. and Master George to be charged to appear the next morrow, to answer for his seditious and heretical doctrine. Master George receiving the summons, said, The Cardinal hath no need to summon me▪ for I am in his hands, and kept fast in irons, so as he may compel me to answer at what time he pleaseth. But to manifest, saith he, what men you are, it is well done to keep your forms and constitutions. History of the Church. The next day the Cardinal and Prelates being met in the Abbey Church, the prisoner was presented by the Captain of the Castle, and then the Subprior called Master john Winrame, At his trial the Subprior preacheth. a man of good learining, and one who secretly favoured the truth, went up into the Pulpit as he had been enjoined; he took for his Theme the words of our Saviour in the thirteenth of Matthewes Gospel, concerning the good seed, which he interpreted to be the word of God; heresy he said was the ill seed, and that he defined to be, a false opinion fight directly against the word, and defended with pertinacy. Thereafter falling to speak of the causes of heresy, he said the main cause was, the ignorance and negligence of those who had the cure of souls, and neither understood the word of God, nor could use the same to the convincing of false teachers, and the reducing of those who were gone astray. In the latter part of his Sermon, speaking of the way how heresies should be discerned, he said, That as the Goldsmith knoweth the fine gold from the counterfeit by the touchstone, so is heresy discerned by the true, sincere, and undefiled word of God. And in the end concluded, that heretics ought to be punished, and might lawfully be put to death by the Magistrate. Now albeit that was said made directly against themselves, He is accused by Master john Lawder a Priest. who were there met, not to confute heresy, but to bear down the truth, and punish those that found fault with their pride and licentiousness; yet as all had been spoken for them they proceeded, and after their wont form, placed Mr. George in a seat erected for that purpose, and over against him, Master john Lawder a Priest in another, who having a scroll of a paper in his hand, containing the Articles laid unto Mr. George his charge, did use many bitter and reproachful words; all which he heard very patiently, not moving or changing once his countenance. Buch. n. l. 15. Being required to answer, before he would utter a word, he bowed his knees, and made his prayer to God; then standing up, entreating them in most humble manner, to suffer him repeat the sum of the doctrine which he had taught since his coming into Scotland: His answer. which he said, was nothing but what the ten Commandments of God, the 12. Articles of Christian faith, and the Lords prayer contained. In Dundy he said, that he had preached a part of the Epistle to the Romans. And as he was going on, to show what form he kept in his preaching, he was interrupted by the accuser, who with many opprobrious speeches calling him an heretic, a runagate, a traitor and thief, said that it was not lawful for him to preach, and that he had usurped the power at his own hand, without any lawful calling of the Church. The Prelates also prohibiting all discourses willed him to answer simply, yea, or nay; fearing if liberty was given him to speak, he should draw some of the hearers to his mind. Mr. George perceiving that he could not have audience, appealed to an equal and indifferent Judge. Mr. George Wishart his appellation. Whereunto Lawder replied, that the Cardinal was a more than sufficient Judge for him: and then he reckoned out all his styles, saying, that he was Archbishop of S. Andrews, Bishop of Meropois, Chancellor of Scotland, Commendatory of Aberbrothock; Legatus natus, legatus à latere, and the second person within the Realm. Mr. George calmly answered, I do not condemn my Lord Cardinal, but I desire the word of God to be my judge, and some of the Temporal estate, with certain of your Lordships here present, because I am my Lord Governors prisoner. At which words some foolish people that stood by cried out, Such man, such judge; meaning that the Governor, and others of the Temporal State, were heretics like unto himself. Then would the Cardinal have pronounced sentence without any further process, Sentence of death pronounced against him. but being advertised to let the accusation be read, and hear what he would say, lest people should think him wrongfully condemned; he commanded the Priest to read the points distinctly, and receive his answer to every one of them severally. The Articles laid to his charge were eighteen in number, which with the answers he made, the Reader may at his leisure see in the book of Martyrs. After they had spent some hours in this sort, sentence was pronounced against him, and he condemned to be burnt as an heretic. Then was he led back to the Castle, and lodged in the Captain's chamber that night, the greatest part whereof he spent in prayer. Early in the morning the Prelates sent two Friars to advertise him that he must die, Two Friars sent to confess him. and asked if he would confess himself: he answered, That he had no business with Friars, nor would he willingly confer with them, but if they were disposed to gratify him in that sort, The conference with the Subprior. he desired to speak with the learned man that preached the day before. This being permitted, the Subprior came, and talked with him a good space: At last he asked Mr. George if he would receive the Sacrament of the Lords Supper: he answered, Most willingly, so I may have it ministered according to Christ's institution, under both kinds of bread and wine. Hereupon the Subprior went to the Bishops, and told that he had conferred with the prisoner, who did solemnly affirm that he was free of all the crimes, and that he did utter this not out of a desire he had of life, but to manifest his innocency (which was known to God) before men. The Cardinal offended with these speeches of the Subprior, said, It is a long time since we knew what a man thou art. The Subprior answering nothing, asked if they would permit the Sacrament to be given to the prisoner: the Cardinal conferring with the rest of the Bishops a while, answered in all their names, That it was not reasonable to give any spiritual benefit, to an obstinate heretic condemned by the Church. When Master George heard that the Sacrament was denied him, He communicateth with the Captain of the Castle. being asked by the Captain of the Castle, going then to breakfast, if he would take a part with him, he answered, Very willingly, and so much the rather because I perceive you to be a good Christian, and a man fearing God. Then turning himself to the Captain, he said, I beseech you in the name of God, Buchan. l. 15. and for the love you bear to our Saviour jesus Christ, to be silent a little while, till I have made a short exhortation, and blessed this bread which we are to eat, so that I may bid you farewell. The table being covered, and bread according to the custom set upon it, he spoke about the space of an half hour, of the institution of the Supper, and of our Saviour's death and passion, exhorting those that were present to mutual love, and to the leading of an holy life, such as becometh the members of Christ. Then giving thanks, he broke the bread, distributing to every one that was present a portion; likewise having tasted the wine, he delivered the cup unto them, exhorting them to remember with thankfulness the death of our Lord Jesus, in this his communion with them. As to myself, he said, there is a more bitter potion prepared for me, only because I have preached the true doctrine of Christ, which bringeth salvation, but pray you the Lord with me that I may take it patiently, as out of his hand; and so concluding with a new thanksgiving, he withdrew himself to his chamber. Within a little space, Two executioners lead him to the place of his suffering. two executioners came up unto him, one of whom apparelled him in a black coat of linen, the other fastened some bags of powder upon all the parts of his body; and thus arrayed, he was brought to an utter room, where he was commanded to stay, till all things were prepared. A scaffold in the mean time erecting on the East part of the Castle towards the Abbey, with a great tree in the midst in manner of a gibbet, unto which the prisoner was to be tied; and right against it was all the munition of the Castle planted, if perhaps any should press by violence to take him away. The fore Tower was hanged with Tapestry and rich Cushions laid for ease of the Cardinal and Prelates, who were to behold that spectacle. And when all things were made ready, he was led forth with his hands being tied behind his back, and a number of soldiers guarding him to the place of execution. History of the Church. As he was going forth of the Castle gate, some poor creatures, who were lying there, did ask of him some alms for God's sake, to whom he said, I have not the use of any hands wherewith I should give you alms, but our merciful God, who out of his abundance feedeth all men, vouchsafe to give you the things which are necessary both for your bodies, and for your souls. Afterwards two Friars met him, crying, Master George pray to our Lady, that she may be mediatrix for you to her son: to whom he said, Cease, tempt me not my brethren. Being come to the place of execution, His death and the manner of it, 2. Martii 1545. and gone up upon the scaffold, he turned himself towards the people, and besought them not to offend with the good word of God because of the torments they saw prepared for him, desiring them withal to show his brethren and sisters who had often heard him, An. 1546. that the doctrine he taught was no wives fables, but the true Gospel of Christ given him by the grace of God, which he was sent to preach, and for which he was then with a most glad heart and mind to give his life. Some have falsely spoken, said he, that I should hold the opinion that the souls of men departed, sleep after their death until the last day; but I know and believe the contrary, and am assured that my soul shall this night be with my Saviour in the heavens. This said, he bowed his knees, and having conceived a short but most pithy prayer, he was tied to the stake, & then cried aloud, O Saviour of the world, have mercy upon me; Father of heaven, I commend my spirit into thine holy hands. The executioners having kindled the fire, the powder that was fastened to his body, blew up. The Captain of the Castle who stood near unto him, perceiving that he was yet alive, willed him to be of good courage, and commend his soul unto God; This flame (said he) hath scorched my body, yet hath it not daunted my spirit, but he who from yonder high place beholdeth us with such pride, His prophecy of the Cardinal's death. shall within few days lie in the same as ignominiosly, as now he is seen proudly to rest himself. After which words, one of the tormentors drawing the cord that went about his neck, stopped his breath, so as he spoke no more. Buchan. l. 15. The fire increasing, his body was quickly consumed unto ashes. But the Cardinal's malice not yet satisfied, Prayers inhibited to be made for him after his death. caused the same night a Proclamation to be made through the City, that none should pray for the heretic under pain of the heaviest censures that could be inflicted. And then the Priests triumphing did in all meetings, extol the Cardinal above the skies, saying, That he not regarding the Governors' authority, The Priests extol the Cardinal. had by himself caused justice to be executed upon that heretic and kithed a most worthy Patron of the Ecclesiastical estate. If the Church, said they, in former times had found such a Protector, matters had not been reduced to the doubtful terms wherein now they stand; but long or this time by her own power and authority she had been able to maintain herself. Such insolent speeches they were heard to utter in every place. The Cardinal himself also seemed to be greatly pleased with that which he had done, presuming it should keep all his enemies in fear; yet it proved the very rock on which he and all his fortunes perished: for the common sort of people exclaimed mightily against his cruelty, and some of good birth and quality did openly vow that the blood of Master George Wishart should be revenged, though they should give life for life: of which number, john Lesley brother to the Earl of Rothes, forbore not in all companies openly to avouch, that his hand and dagger should be the Cardinal's Priests. Nor was he ignorant of the general hatred carried unto him, He contracted his base daughter to the heir of Craford. and thereupon began to fortify himself with some strong alliance, which he shortly after made, contracting one of his base daughters to the Earl of Craford his son and heir. The Nuptials were performed with an exceeding pomp and magnificence. But he did not long enjoy the content he took in his Match, for Normand Lesley son to the Earl of of Rothes, Buchan. l. 15. who had followed him a long time, and done him good services, having moved him in the behalf of some friends that were interessed by the restitution of the Lairds of Cleish, Easter Weimes, and certain others who been forfeited in the late King's time, was not answered as he expected; for which growing into a choler, and alleging the Cardinal's promise in the business, he said, that he would not be deluded in that sort. The Cardinal, who had not been accustomed to such speeches, and thought he was not used with that respect which became, chafed mightily, so as after an unseemly altercation they parted in wrath. This discord publicly rumoured, A conspiracy against the Cardinal. divers that hated the Cardinal (some for the cause of Religion, and some for other private respects) did reparie to Normond, and working upon his passion, incensed him with their words, wondering how he could look for any good from him that was a man hated of God, and all good people. And as it falleth out in such conferences, whilst every man was recounting the injuries he had suffered in private, and talking of his violent courses, one amongst the rest said, that they should do God good service, and no small benefit to the country, to make an end of that vicious and ungodly tyrant whom all good men did hate: and with such words inflaming one another, at last they agreed to cut him off. The principal undertakers were Normond Lesley, john Lesley his Uncle, William Kirkaldy of Grange, Peter Carmicall of Fife, and james Melvile, one of the house of Carneby; The proceeding of the conspirators. the Plot was to meet at S. Andres in the most private manner they could, and surprise the Castle some morning before the servants were stirring. And that the enterprise should not fail, they gave hands to be in the City the 28. of May, promising in the mean time so to carry themselves, as no suspicion might be taken of their purpose. Thus at the day appointed, Normond accompanied with five only, came to the City, and went to his accustomed lodging; William Kircaldy was there a day before, john Lesley who did profess enmity to the Cardinal, entered not till night was fallen. Upon Saturday morning the 29. of May, rising about three of the clock, they met in the Abbey Church-yard, where they condescended that William Kircaldy, and six with him (for they did not exceed twelve in all) should attend the opening of the gate, Grange entereth into the Castle. and assure it for the rest. All things succeeded to their wishes, Grange at his first coming found the gate open; and entering with his company, entertained the Keeper with some speeches, ask if the Cardinal was stirring, and how soon he would rise. Normond came shortly after, and some two with him; last of all, came john Lesley with other two; whom as soon as the Keeper saw, suspecting some bad practice, he made to draw the bridge, but they laying hands upon him, took the keys, and assured the gate. Then appointing four of the company to watch the chamber where the Cardinal lay that no advertisement should go unto him, The servants and workmen put to the gate. they went to the several chambers in which the servants lay asleep, and calling them by their names (for they were all known unto them) they put fifty of his ordinary servants, besides the workmen, Masons, and wright's, who were reckoned above a hundred, (for he was then fortifying the Castle) to the gate, permitting none to stay within, but the Earl of Arran the Governors' eldest son, whom they thought best to detain upon all adventures. This was performed with so little noise, as the Cardinal did not hear, till they knocked at his chamber. Then he asked, who was there? john Lesley answered, My name is Lesley. Which Lesley, said the Cardinal? is that Normond? It was answered, that he must open to those that were there. The answer gave him notice that they were no friends; therefore making the door fast, he refused to open. They calling to bring fire, The Cardinal killed. whilst it was in fetching, he began to commune with them; and after some speeches, upon their promise to use no violence, he opened the door; but they rushing in with their swords drawn did most inhumanely kill him, he not making any resistance. The tumult was great in the City, A tumult in the City. upon the rumour that the Castle was taken. The people armed, and such as favoured the Cardinal, made haste intending to scale the walls; Buchon. l. 15. but when it was told them, that he was dead whom they sought to help, their hearts cooled. The people still crying for a sight of the Cardlnal, his corpse was brought to the very same place, where he sat beholding Master George Wisharts execution. Upon the sight whereof, they dissolved; many then calling to mind the Martyr his last words, were thereby confirmed in the opinion they had of his piety and holiness. Such was the end of this unfortunate man, who in his life was ambitious beyond measure, The Cardinal his description. and in punishing of those he esteemed heretics, more than inhuman; a barbarous part it was in him to sit and behold the Martyring of Master George Wishart, taking pleasure in that which no man could look on without pity. But the hatred he bore to the truth, and the care he had to maintain his own greatness, was such, and so excessive, as he did both forget himself, and the place he held in the Church, and now doth remain a tragical ensample in story, to admonish every man to keep within his bound, and hold that moderation which is fitting. The rumour of this fact being quickly dispersed through the country, How the fact was interpreted in the Country. every man commended or condemned it as his passion led him. They who stood in awe of his power, did highly commend the enterprise and praise the doers, and of that sort divers came to congratulate the fact, offering to take one part with them. Others who were more wise, and moderate, though they disliked not the fact, (as hoping to enjoy their profession with greater liberty) did yet abhor the form and manner, judging it to be foully done, especially on the part of Normond, at whose hands he did not look for any harm. And indeed few or none of those who had an hand in that work, escaped an extraordinary judgement; God thereby declaring, that howsoever it pleaseth him in the execution of his judgements, to use sometimes the ministry and service of men, yet doth he not allow of their wicked disposition, and for most part faileth not to reward them with the same, or the like that they do unto others. But in the Church a fearful uproar was raised upon this accident, A great stir in the Church by this occasion. the Priests and Friars exclaiming every where against the murder, as the most odious which in any memory had been committed. The Bishops running upon the Governor (who was no less troubled with the fact than themselves) desired some course might be taken for the speedy punishment of the murderers: but he following the course of law, directed summons for their appearing to underlye trial, which they contemned, and were therefore denounced Rebels. The murderers accursed. The Ecclesiastic Judges to be nothing behind for their parts, did solemnly curse the actors, and all that should receive or minister unto them any necessaries. 41. Mean while the Governor did nominate his base brother for the place; The Governors base brother elected Bishop. who was elected by the Canons, and soon after confirmed by Pope Paul the third. For he fearing the defection of the Realm from the obedience of the Roman See, as England had given the ensample, was glad to gratify the Governor, and with the Bulls which were freely exped, wrote both to the Governor and to the Bishop, that they should make their zeal appear, in vindicating the injury done to the Ecclesiastic estate. Upon the receipt of these letters, The Castle besieged, and supplied from England. it was resolved to besiege the Castle, which beginning about the end of August, continued until the month of january; howbeit to small effect: for the passage by Sea being open, they were supplied with all necessaries from England by King Henry, to whom they had obliged their faith by two several messages for defending the Castle, and maintaining the contract with England: which the Governor fearing he was induced to capitulate with the besieged, and yield unto the conditions following. 1. That the Governor should procure unto them a sufficient absolution from the Pope for the slaughter of the Cardinal, A capitulation with the besieged. and till the same was returned, that they should retain the Castle, and not be pursued by force. 2. That they, their friends, servants, and partakers, should simply be remitted by the Governor, and never be called in question for the said slaughter, but should enjoy all commodities spiritual and temporal, which they possessed before the committing thereof. 3. That the besieged should give pledges for rendering the Castle, how soon the absolution was returned from Rome; and for surety of the pledges, that the Earl of Arran eldest son to the Governor, should remain in their custody until the absolution was returned, and they secured to their content. The conditions were to the besieged more advantageous than honourable to the Governor, The Governor sendeth to France for a supply. but neither the one nor the other intended performance; for the Governor at the same time sent a messenger to France, with letters from the Queen Dowager, and from himself, entreating a supply of Ships and Galleys, to batter the house on that part which looked towards the Sea, and debar the Keepers of further provision. They on the other side, were resolved not to forsake King Henry's protection, of whose assistance they were confident. The proceedings of the next summer, shall clear the intentions on either side; in the mean time, let us hear how the affairs of Religion went the rest of this winter. Divers, as we touched before, Divers joined with those within the Castle. upon the news of the Cardlnals' death, came and joined with those that had killed him, especially Master Henry Balnaves, the Melvils of the house of Raith, and some Gentlemen of Fife, to the number of sevenscore persons, who all entered into the Castle the day after the slaughter, and abode there during the time of the first siege. john Rough and john Knox preach to the besieged. john Rough, he that had attended the Governor as Chaplain in the beginning of his Regiment, came also thither, and became their Preacher. After him came john Knox, but not till the siege was raised, and the appointment made, whereof we have spoken. The adversaries of Religion taking advantage of this, did cast in the teeth of both the Preachers and Professors the murder committed, as though they did all approve the same; and Bishop Lesley in his Chronicle speaking of john Knox, saying, that He did think to attain to the top of Evangelical profession, by triumphing that way upon the slaughter of a Priest and Cardinal. I deny not, but this his doing was scarce allowable, and that it had been a wiser part in him not to have gone towards them at all; yet since he did neither accompany them at the fact, nor came unto them till the conditions of peace were granted; his guiltiness was not such as they make it to be; neither will I say that he was grieved at the Cardinal's death, but rather glad that such an enemy was taken out of the way: but that he did insult upon his death, or allow the manner of it, cannot be truly affirmed as to that which is objected, forth of the narration made of this accident in the book entitled, The History of the Church of Scotland, where the Author seemeth indeed to commend the fact; though that history be ascribed to john Knox, it is sure that he did not pen the same, as I shall make clear in another place. How soon the Governor was gone, john Rough preaching in the city, is oppugned by the Clergy. john Rough did openly preach in the Parish Church, and was much haunted by the people; at which the Clergy offending, a great stir was raised: Dean john Anand oppugning his doctrine both by word and writing, john Knox did take on him to maintain the same: and the matter being brought to a dispute, after long reasoning upon the authority of the Roman Church, john Knox did offer to prove, That the present Church of Rome was more degenerate from the purity which it had in the days of the Apostles, than was the Church of the Jews from the Ordinances given by Moses, when they consented to the death of our Saviour. Such as were present at the reasoning, john Knox maintained his doctrine in a Sermon. having requested john Knox to make good what he had spoken, he took occasion the Sunday following to preach in the Parish Church, choosing for his Theme the 24, and 25. verses of the seventh Chapter of Daniel; In the Sermon after he had spoken of the care that God had always of his Church, to forewarn her of the dangers that were to happen, many years before the same fell out; and illustrated that point by the predictions of Israel's captivity, the prophecy of the four Empires, namely the Babylonian, Persian, Grecian, and Roman, The substance of john Knox his Sermon. and foretelling of the Beast that should afise out of the destruction of the Roman Empire; he said that by that Beast, the Church of Rome was to be understood, in regard all the marks assigned by Daniel, did pertain to that Church, and to no other power which ever was in the world. Then falling to speak of Antichrist, he showed that there was not any one person meant by that title, but a body and multitude of people, having a wicked head, that should not only be sinful himself, but the occasion also of sin to all that should be subject unto him. And that he was called Antichrist, because he was contrary to Christ, in life and doctrine, in laws. The contrariety of life he made clearly by deciphering the corrupt and beastly conversation both of the Popes themselves, and of their Clergy. The contraiety of doctrine he qualified by comparing the doctrine of the justification by faith taught in the Scriptures, with the doctrine of justification by works, maintained by the Church of Rome. And the contrariety of laws he proved by the observation of days, abstaining from meres, and forbidding of marriage, which Christ had made free. In end he came to speak of the marks of the Beast, one he said was in the Text, where it was said, He shall speak great words against the most high; but what greater words said he can be uttered then to call the Pope the Vicar of Christ, the successor of Peter, the head of the universal Church; most holy, most blessed, one who cannot err, that may make right of wrong and wrong of right, that of nothing may make somewhat; that hath all verity enclosed in the shrine of his breast, that hath power over all men, no man having power over him, and through he draw ten thousand millions of souls with himself to hell, that none may or aught to say that he doth wrong? which words he showed, were expressed in the common law, and could not be denied. Another note more remarkable, he adduced forth of S. john his Revelation, where it is said, that the Babylonian whore shall make merchandise of the souls of men; which never any did of what profession soever they were, the Pope and his followers excepted: for they (said he) take upon them to mitigate the pains of souls in Purgatory, and to release them by saying of Masses, selling of Pardons, and Indulgences, which none besides them ever did: whereupon he inferred, that the Church of Rome was quite degenerate from her first purity, and that very beast foreshowed in the Scriptures, etc. At this Sermon Master john Maior the Subprior, The Archbishop offended with the Subprior for permitting these preachings. a number of Canons and Friars of both Orders, with the whole University, were present; whom he appealed to answer his allegations, if they found any one of them not consonant to truth. The Archbishop being advertised of this, wrote to the Subprior, saying, that he wondered how he could suffer such heretical and schismatical doctrines to be taught, The two preachers convened before the Subprior. and not oppose himself thereto. Whereupon john Rough and john Knox were cited to answer unto certain heads collected out of their Sermons, and set down as followeth. 1. That no mortal man can be the head of Christ's Church. 2. That the Pope is Antichrist, and so not a member of Christ's mystical body. 3. That no man may make or devise a Religion that is acceptable to God, but that he is bound to observe and keep the Religion received from God, without chopping or changing the same. 4. That the Sacraments of the New Testament ought to be ministered as they were instituted by Christ jesus, and practised by his Apostles, nor ought there any thing be added unto them, nor diminished from them. 5. That the Mass is abominable idolatry, blasphemous to the death of jesus Christ, and a profanation to the Lords Suppers. 6. That there is no Purgatory, in the which the souls of men can either be pined or purged after this life, Heaven being appointed for the faithful, and Hell for the reprobate and unfaithful. 7. That prayer for the dead is vain, and to the dead is idolatry. 8. That Bishops are no Bishops, except they preach themselves without a Substitute. 9 That tithes by God's law do not appertain necessarily to Churchmen. This last Article I would not omit, john Knox his judgement of tithes. because it is alleged by those that penned the story; whether it was a point of john Roughs preaching or not, I cannot say, but for john Knox it is clear by his Sermons and writings still extant, that he held it a point of high Sacrilege to rob and spoil the Church of tithes. It is true that many in these times, offending with the extortion of Churchmen, did hold that tithes belonged not to the Church by any divine right; and knowing that this opinion would find easy passage among the people, as also serve to abridge the means and power of Churchmen, they were the more ready to deliver such doctrines; but this was done rather out of passion than judgement: for he that will not wilfully shut his eyes against the truth, cannot but know that tithes are the Lords, and the portion that he hath served for the maintenance of his worship and service: But to leave this. The Subprior and others of the Clergy, john Knox his answer to the Subprior and Clergy. that convened with him, having laid these Articles to their charge, john Knox answered, that for himself he was glad to declare his mind in those points, before so modest and judicious an auditory; and turning to the Subprior, It is a long time, said he, since I have heard that you are not ignorant of the truth; Therefore I do appeal your conscience before the supreme judge, that if you think the Articles wherewith we are charged contrarious to the truth of God, that you plainly open yourself, and suffer not the people to be deceived; but if in your conscience you know them to be true and sound, than I will crave your patrociny, that by your authority the people may be moved to embrace the truth, whereof now many doubt, because of your indifferency. The Subprior answered, That he came not there to judge, but to confer of these points, and would, if he pleased, reason a little of the power of the Church, which in my opinion (said he) may very lawfully devise rights and ceremonies for decoring the Sacraments, An. 1547. and other parts of divine service; john Knox replying, That no man in the worship of God might appoint any ceremony, giving it a signification to his pleasure. One Arbuthnet a grey Friar reasoned so hotly in the contrary, that forgetting himself, he denied the Apostles to have received the Holy Ghost, when they penned their Epistles. The Subprior checking the Friar, did after a little space dimit the Preachers with a brotherly admonition, to take heed what doctrine they delivered in public. When they were gone, A consultation of the Clergy, how to stay the defection of the people. such of the Clergy as were present, entered in consultation, what was fittest to be done for staying the defection of the people; and in end resolved, that every learned man of the Abbey and University, should preach in the Parish Churches on Sundays; the Subprior beginning, the Officials following, and the rest according to their seniority; eschewing all of them to speak of any controverted point, which might breed question, and minister unto people occasion of talk. john Knox, who by this mean was excluded from the Pulpit on the Sunday, preached on the week days sometimes, none daring to offer him any wrong, because of the fear they stood in of them within the Castle. But john Rough being grieved with the wicked and licentious living of the soldiers and others in the Castle, john Rough forsaking those in the Castle, goeth into England. took his leave of them and departed into England; preaching some years in the Towns of Carlisle, Berwick, and Newcastle, he was afterwards provided to a Benefice by the Archbishop of York, nor far from the Town of Hull, and resided upon it until the death of King Edward the sixth. In the time of Queen Mary's persecution, he fled with the wife that he had married unto Friesland, and won his living with the knitting of Caps, hose and such like wares; and in November 1557. coming to London for providing some necessaries to maintain his trade, was apprehended by the Queen's Vice-Chamberlain at the Saracens head in Islington, where they who professed Religion, used quietly to meet. Being brought before Bonner Bishop of London, He is brought in question, and examined by Bonner Bishop of London. and questioned, if at any time since his last coming into England, he had preached; he answered; That he had not preached, but in some places where godly people were assembled, he did read the prayers of the the Communion Book, set forth in the Reign of King Edward the sixth. And being asked, what his judgement was of the said book, he confessed, That he did approve the same, as agreeing in all points with the word of God. The Bishop used many persuasions to make him recant, and detained him some weeks in prison, to try what he would do: but finding him resolute, and constant in his profession, he brought him forth to be judged. Where (one Morgan a Bishop of S. David's assisting) he was charged, first, That being a Priest, and in Orders, he had married a wife; next, That he refused to use the Latin Service; and thirdly, That he would not go to the Mass. To the first point he answered, That Orders were not an impediment to marriage, and that he had done lawfully in taking a wife. To the second and third he said, If he were to live Methuselahs' days, he would neither use the Latin Service, nor be present at Mass, which he counted abominable. He suffered Martyrdom and is burnt in Smithfield. Upon these answers he was condemned, degraded, and put in the hands of the secular Magistrate, who the next morning being the 21. of November, caused him to be burnt in Smithfield. Thus ended that worthy Minister and Martyz of Christ, of whom I thought fit in this place to say so much, though his sufferings fell out some years after. The summer following about the beginning of june, the absolution promised to those of the Castle, The absolution returned from Rome, doth not satisfy them. returned from Rome, whereupon the Keepers were required to render the house, according to the capitulation made. But they alleging the absolution not to be sufficient, because of some words contained in the Bull, wherein it was said, remittimus crimen irremissibile, we remit a crime which cannot be remitted; refused to accept the same. It was answered that such a clause was insert only for aggravating the crime, and that the absolution was in itself valid enough. But they would not be satisfied; The Castle of S. Andrews again besieged at the coming of the French Galleys. and so complaining that promise was not kept with them, resolved to stand to their defence. In the end of the same month there arrived twenty one Galleys sent from France, under the command of Leon Strozius, within sight of the Castle. The Governor was at that time in the borders, and upon advertisement of the Galleys arriving, came with such diligence, as divers who belonged to the Castle, being in the City, had no leisure to re enter; and some who were gone thither for private business, were forced to stay within. Shortly after his coming, the siege was confirmed by sea and land, trenches cast, and the Canons planted, some in the Abbey steeple, some in S. Salvators, and some in the street that leads to the Castle. Then began the battery both by sea and land, The Castle besieged and battered by land and sea. but that of the sea did not great harm. The siege continuing all the month of july, upon the twenty nineth day in the South-quarter (on which the Canon had played furiously that morning) a great breach was made; this terrifying the defendants, who to that time showed great courage, expecting relief from England, (and indeed a naval Army was prepared to come, but King Henry dying about the same time, it was stayed) beside the danger they apprehended of the breach, the plague within the house was hot, & thereof every day a number died: So perceiving no help, and the sickness increasing, they came to a capitulation, where it was agreed, that the lives of all within the Castle should be saved, The Castle reduced upon capitulation. the Principals transported unto France, and if they liked not to remain there, be conveyed upon the French Kings charges to what country they pleased, Scotland excepted. Immediately the Castle was rendered to the French Captain, who sent his men to receive the prisoners, and make spoil of all that was in the house. They found of victuals great store, wherewith they furnished the Galleys. But the Cardinal's treasure and householdstuff, which was very precious, pleased them better. All this with the wealth the defendants had (for they had brought all their substance thither) fell into the hands of the French; the fourth or fifth day after the Galleys put to Sea, and about the midst of August arrived safe at Rouen in Normandy, where some of the prisoners were incarcerated; others detained all the winter in the Galleys, especially john Knox, Mr. james Balsam, with his brothers David and Gilbert. The Castle demolished. The Castle after the French were gone, was by act of Council demolished, which some said, was done to satisfy the Pope's law, that ordains the places where Cardinals are slain to be ruinated: but the true cause was, the fear the Governor had, that England should take the house and fortify it; as they did some others a short while after. This revenge taken of the Cardinal's death, The Duke of Somerset invadeth Scotland. gave the Priests some satisfaction, who reckoned it a part of their happiness to be rid in this sort of john Knox, and others that they knew to be their enemies. But the Duke of Somerset entering with a strong Army into Scotland, in September next, put all in a new fear. The Governor sent Proclamations through the country, charging all that could bear Arms, to meet at Edinburgh for the defence of the Realm; many of all sorts assembled, and with greater diligence than was expected, which made the Duke of Somerset, who was a Nobleman well inclined, His letter to the Governor and Nobility. and hated the shedding of blood, to write unto the Governor and Nobility, entreating them to consider, That both the Armies consisted of Christian men, who above all things, (if they were not forgetful of their profession) ought to wish peace and quietness, and have in detestation war, and unjust force; as likewise to remember that the cause of the present invasion did not proceed from covetousness or malice, but from the desire of a perpetual peace, which could not be so firmly made up by any mean, as by marriage, which they knew was promised, and by the public consent of the whole Estates ratified, upon conditions more beneficial to the Scots then to the English, insomuch that they were called not unto a servitude, but unto a common fellowship, and a liberal communication of all their fortunes, which could not but be more commodious to the Scots, then to the English; the hope of advantage, and the fear of injuries being always greater from the party that is more strong, to that which is the weaker: And for the business in hand, he desired them to consider this especially, that seeing there was a necessity of giving their Queen in marriage to some man, if they did either respect their profit or honour, they could not make a better choice, then of a King their neighbour, born in the same Isle. joined in propinquity of blood, instructed in the same laws, educated in the same manners and language, superior in riches, and in all external commodities and ornaments, and such a one as would bring with him a perpetual peace, An. 1548. together with the oblivion of ancient grudges, and hatreds. For should they take a stranger to be their King, differing from themselves in language, manners, and laws; great evils and discommodities could not but arise, as they might know by that which had fallen out in the like case to other nations, by whose ensample he wished they should be made wise. As for the part of England, he said if they did find the minds of the Scots not estranged from peace, they would remit somewhat of their right, and be contented that the young Queen should be kept amongst themselves, until she were fit for marriage, and might choose a husband to herself by advice of the Nobility; during which time, all hostility should cease betwixt the two Kingdoms, it being provided that the Queen should not be sent to any foreign country, nor contracted in marriage with the French King, nor any other Prince: which if the Scots would faithfully promise, he would presently retire with his Army, and recompense all injuries done since his coming into Scotland, at the sight and estimation of honest men. This letter the Governor communicated to his brother, The Duke of Somnsets letters suppressed. and to a few others on whose counsel he depended, such as George Dury Abbot of Dunfermlin, Mr. Archebald Beaton, and Mr. Hugh Rig a Lawyer, who gave him advice to suppress the letter: for they feared if the offers were published, the greater part of the Nobility would embrace the same, and in stead thereof they made a rumour to be dispersed through the Army, that the English were come to take away the Queen by force, and bring the Kingdom into subjection. The Nobles and whole Army believing this to be the effect of the letter, became mightily incensed. Nor did any kithe so foolish as the Priests and Clergy men, who dreaming of nothing but victory, cried out, that the English heretics had no spirits, and durst not come to a battle: But they found themselves deceived; for upon Saturday the tenth of September, 1547. The battle of Pinc●ie. the Armies joining, the Scots were put to the worse, and many thousands slain, few in the fight, (which lasted not long) but exceeding many in the chase. The English pursuing the victory, came forwards to Leith, where they remained eight days, dividing the spoil and prisoners; and in that time surprised the Isles of Inchkeith and Inchcolme, in the river of Forth, with Broughtie Castle in the mouth of Tay, which places they strongly fortified. In their return homewards they took the Castle of Home, with the house of Fascastle, and placed Garrisons in the Towns of Haddington, The young Queen conveyed to Dumbartom. Lawder, and Roxborough. The Governor, the Bishop his brother, and such of the Nobles as escaped in the flight, went to Striveling, and there taking counsel what should be done with the young Queen, concluded to send her to the Castle of Dumbarton, under the custody of the Lords Areskin and Levingston, and to advertise the King of France, how matters went, entreating of him a supply both of men and money. Hereupon the next summer arrived at Leith three thousand Germans under the charge of Count Rhingrave, with as many French commanded by Monsieur de Andelot, The siege of Haddington. Monsieur de Mallery, and Monsieur d' Ossel, Monsieur d' Esse being General of the whole. This supply did so hearten the Governor, as gathering together an Army, he beleaguered the Town of Haddington, which the English had at that time made very strong. The Nobility being there convened, entered of new into a consultation touching the young Queen, and the course that should be taken with her. The French General desired she should be sent into France, and espoused to the Dauphin; A counsel taken for sending the young Queen to France. which the Queen her Mother longed to have done. The Noblemen were not of one mind, for such as favoured the reformation, were of opinion that the conditions offered by England (which were then come to light) should be embraced because that would bring with it ten years of peace at least; in which time, if either King Edward of England, or the young Queen should depart this life, all things would return to their first estate: and if no such things happened, yet the Kingdom being at rest, and freed of the present troubles would grow to some better ease within itself, and they might more maturely advise what course was fittest to be taken: Delay, they said, in matters of such consequence was safest, and that precipitation might bring with it a sudden, but untimely repentance. The rest stood all for the French, most of them being corrupted with gold, and others with large promises. An. 1550. The Governor himself had an annuity promised of twelve thousand francs, and a company of men at Arms, to the Earl of Arran his son. All these pretending the safety of the young Queen, did reason that there was no other way to be rid of the English wars, but that one: For as long as the English have any hope, said they, to speed, they will still be troubling; but when they shall see the Queen gone, and that there is no remedy, they will cease from their pursuit. The greatest number inclining that way, it was concluded that the young Queen should be conveyed to France. Shortly after, the French Navy that lay at Leith, giving out that they were to return home, compassing the North Isles, received her at Dunbrition, and after much tossing at sea, did safely land her in France. The wars with England in the mean time went on, and continued full two years, Peace made with England. till by the treaty of Bulloign, in the you're 1550. a peace was made, the Lord Chastilion being Commissioner for the French, the Earl of Bedford for the English, and David Panter Bishop of Ross for the Scots. The prisoners taken in the Castle of Saint Andrews put at liberty. At that time were Normond Lesley, Mr. Henry Balnaves, john Knox and others, who had been kept partly in prison, and partly in the Galleys since the taking of S. Andrews Castle, put to liberty; Mr. james Balfour had freed himself long before by abjuring his profession, and was become Official to the Bishop of S. Andrews; james Melvil died in the Tower of Breast in Britain; William Kircaldie, Peter Carmichal, with Robert and William Leslies, who were imprisoned in Mont S. Michael, found means to escape before the Treaty, and went into England. Norman Lesley his fortune and death. Norman after he was freed, returned into Scotland, but fearing the Governor he went into Denmark, where not finding that kind reception he expected, he betook himself to England, and had an honourable pension allowed him, which was thankfully answered during the life of King Edward the sixth. Queen Mary succeeding, he found not the like favour, and thereupon went to France, where he had a company of men of Arms given him, with which he served the French King in his wars against the Emperor Charles the fifth, and in pursuing the enemy whom he had in chase, was wounded with the shot of a Pistol, whereof he died the day after at Montreul. He was a man of noble qualities, and full of courage, but falling unfortunately in the slaughter of the Cardinal, which he is said at his dying to have sore repent, he lost himself and the expectation which was generally held of his worth. The country notwithstanding the peace made with England, The country vexed with Justice Courts. was not in much better case; for the Governor, who was altogether ruled by the Bishop his brother, going through the country with justice Courts, (as they call them) vexed the people mightily; and whereas during the war men enjoyed the liberty of their profession, a new persecution was raised, which took the beginning at one Adam Wallace a simple man, but very zealous in his Religion; he was taken at Winton in Lothian by the Bishop's direction, and brought to his trial in the Church of Black Friars in Edinburgh, where in presence of the Governor, the Earl of Argyle, great Justice of the Realm, Adam Wallace accused of heresy. the Earls of Angus, Huntley, Glaincarne, and divers others of the Nobility he was accused, first, of usurping the office of a Preacher, having no lawful calling thereto; next, of baptising one of his own children; thirdly, for denying Purgatory; fourthly, for maintaining that prayers made to the Saints, and for the dead were merely superstitious; and fifthly, for calling the Mass an idolatrous service, and affirming that the bread and wine in the Sacrament of the Altar, after the words of consecration, remained bread and wine. To the first he answered, His answer. That he never judged himself worthy of so excellent a vocation as is the calling of a Preacher, nor did he ever presume to preach; only he confessed, that in some private places he did read a part of the Scripture at times, and make a short exhortation thereupon to those that would hear him. It being replied that he ought not to have meddled with the Scriptures; he said, That he esteemed it the duty of every Christian to seek the knowledge of God's word, and the assurance of his own salvation, which was not to be found but in the Scriptures. One that stood by saying, What then shall be left to the Bishops and Churchmen to do, if every man should be a babbler upon the Bible? History of the Church. he answered, It becomes you to speak more reverently of God and of his blessed word; and if the judge did right, he would punish you for your blasphemy: But to your question. I say, that albeit you and I and five thousand more would read the Bible, and confer together upon it, yet we leave more to the Bishops to do, then either they will do or can; for we leave to them the preaching of the Gospel of Christ, and the feeding of the flock, which he hath redeemed by his own blood, which is a burden heavy enough; neither do we them any wrong in working out our own salvation so far as we may. To the second he answered, That it was as lawful for him to baptise his own child, since he could not have a true Minister, as it was to Abraham to circumcise Ishmael and his family. To the third and fourth heads, more generally he said, That he never believed nor maintained any thing, but that he found in the book hanging at his girdle: which was the Bible in French, Dutch, and English. And being urged to be more particular, he answered, That if he were disposed to speak of these matters, he would require a more upright and indifferent judge. The Earl of Huntley upon that, saying he was a fool to desire another Judge then the Governor, and the Bishops there present; he replied, That the Bishops could not be his judges, because they were open enemies to the doctrine he professed. And for the Governor, he doubted if he had the knowledge to discern lies from truth, and the inventions of men from the true worship of God. The judge that he desired, he said, was the book of God, by which if he should be convinced to have taught, spoken, or done in matters of Religion, any thing that was repugnant to the will of God, he would not refuse to die; but if he tried innocent, and was found not to have spoken or done any thing contrary thereto, than he desired the protection of the Governor and Nobility, against the Tyranny of malicious men. Being enquired what he did think of the Mass, Acts of Martyrs. he said, That he had read the Bible in three languages, and had never found the word Mass in them all, and that the thing which was in greatest estimation with men, was nothing but abomination in the sight of God. Then did all the company cry out, Heresy, heresy, let him be condemned. So the poor man was sentenced to be an heretic, and put in the hands of Sir john Campbel of Lundie, Justice deputy, who having adjudged him to die, sent him back to prison, because the night was coming on; all that night he spent in singing of Psalms, which he had learned by heart, and the next day was led forth to the fire, which was prepared in the Castle hill, being inhibited to speak unto the people; yet when he came to the place of execution, he entreated the beholders, Not to offend with the truth because of his sufferings, saying, The disciple is not above his Master: and as he was proceeding, the Provost of the Town who had the oversight of the execution, did interrupt him, saying, that he would not be permitted to speak to the people; whereupon having in some few words commended his soul to God, he took his death most patiently. The same year there arose a great contention amongst the Churchmen, A contention among Churchmen for saying of Pater noster. for saying the Pater noster, upon this occasion. One Richard Marshal, Prior of the Black Friars at Newcastle in England, had been in S. Andrews, and in one of his Sermons taught, that the Pater noster should be said unto God only, and not unto the Saints. Some Doctors of the University taking exception against his doctrine, stirred up a Grey Friar called Friar Tottiss to confute him, and prove that the Pater noster might be said unto the Saints. The Friar, an audacious and ignorant fellow, took the matter in hand and reading his text out of the fifth of S. Matthewes Gospel, The foolish preaching of a Friar in Saint Andrews upon this subject. Blessed are the poor in spirit, for unto them belongeth the kingdom of heaven, gathered upon it, that the Pater noster might be said to Saints, because all the Petitions in the prayer, said he, appertain to the Saints: for if we meet an old man in the street, we will say, Good morrow Father, much more in our prayers may we call the Saints our Fathers; and seeing we grant they are in heaven, we may say to every one of them, Our Father which art in heaven. Then we know, said he, God hath made their names holy, so we may say to any of the Saints, Hallowed be thy name. And as they are in the Kingdom of heaven, so that Kingdom is theirs by possession; therefore when we pray for the Kingdom of heaven, we may say to any of them, Thy kingdom come. In like manner, except their will had been the will of God, they had never come to that Kingdom; therefore seeing their will is God's will, we may say to every one of them, Thy will be done. But when he came to the fourth Petition, he was much troubled to find a colour for it, An. 1543. confessing it was not in the Saint's power to give us daily bread; yet they may pray, said he, to God for us, that he will give us our daily bread. The like gloss he made upon the rest of the Petitions, but with so little satisfaction of the hearers, as they all fell a laughing, and the children meeting him in the streets, did cry and call him, Friar Pater noster, whereof he grew so ashamed, that he left the City. Yet in the University, Acts of Martyrs. p. 1274. the contention ceased not, whereupon the Doctors did assemble to dispute, and decide the question. In that meeting, some held that the Pater noster was said to God, Formaliter, and to Saints Materialiter; others not liking the distinction, said that the Pater noster ought to be said to God Principaliter, and to Saints minus Principaliter; others would have it Ultimate, & non ultimate: others Primariò, & secundariò and some (wherewith the most voices went) said that the Pater noster should be said to God, Capiendo strictè, and to Saints, Capiendo largè. Yet did they not settle upon the distinction; and after divers meetings, when they could not agree by common consent, the decision was remitted to the Provincial Synod, which was to meet at Edinburgh in january following. A simple fellow that served the Subprior in his chamber for the time, thinking there was some great matter in hand, that made the Doctors to convene so often, asked him one night as he went to bed, A pleasant discourse and jest of the Subprliors servant. what the matter was? The Subprior merrily answering, Tom (that was the fellow's name) we cannot agree whom to the Pater noster should be said; he suddenly replied, Sir, whom to should it be said but unto God? then said the Subprior, What shall we do with the Saints? he answered, Give them Aves and Creeds enough in the devil's name, for that may suffice them. This answer going abroad, many said, He hath given a wiser decision than all the Doctors had done with their distinctions. When the Synod convened, The decision of the Provincial Synod. the question was again agitated, and after much reasoning, the same being put to voices, it was found that the Pater noster might be said unto the Saints. But the Bishops and such as had any judgement would not suffer the conclusiou to be enacted, ordaining the Subprior at his return to S. Andrews, for settling the minds of people, to show that the Pater noster ought to be said to God, yet so that the Saints ought also to be invocated. And thus ended that contention. In this meeting, The Catechism called The twopenny faith. order was taken for publishing an English Catethisme, containing a short explanation of the Commandments, Belief, and Lords Prayer; and the Curates enjoined to read a part thereof every Sunday and holy day to the people, when there was no Sermon. This being imprinted, was sold for two pence, and therefore called by the vulgar The twopenny faith. The year following, A Provincial Synod kept at Linlithgow. another Provincial Council was kept at Linlithgow, in which the maintainers of any opinions contrary to the Church of Rome were accused, and the Decrees of the Council of Tyent, made in the time of Pope Paul the third received. Some Acts were made for reforming corrupt lives of the Clergy, but little or no execution followed; they to whom the correction belonged, being themselves in the highest measure faulty and culpable. But the next year brought with it an alteration in both Kingdoms, An. 1553. to the Clergies great content; King Edward the sixth of England, dieth for in England King Edward the sixth departed this life, a Prince of rare piety, and the special comfort of those who professed the Reformed Religion; in whose place Queen Mary succeeded, one wholly devoted to the Pope and his faction: And at home the Governor was induced by Robert Carnegie (on whom he relied much) and by Panter Bishop of Ross, Queen Regent admitted to rule by dimission of the Governor. to dimit the Regency to Queen mother, of whom the Clergy held themselves more assured. She following the directions of her brother the Duke of Guise, and the Cardinal of Lorraine, set herself to maintain Popish superstition at the uttermost, using less cruelty than did Queen Mary, but more policy, and to the same end. So as now the fear of change in Religion was gone, and the hopes quite dashed of those that sought Reformation; yet the Lord by his providence did otherwise dispose things, and made that a mean to advance Religion amongst us which men thought should be utterly extinguished; for some of those that fled from Queen Mary's persecution, taking their refuge unto this Kingdom, did not only help to keep in the light which was begun to shine, An. 1554. but made the Sun break up more clear than before. William Harlow a man of simple and mean condition, came first into the country; he had served some years in the English Church with good approbation, William Harlow a Minister. and was at this time very comfortable to the faithful. After him came john Willock a Franciscan sometime in the Town of Air, john Willock a Convert. who for love of Religion had left the country, and lived in England; when the persecution arose there, he fled into Embden in Friesland, where he professed Medicine, and by that occasion was made known to Anna Countess of Friesland, than a widow, who employed him in a Commission to the Queen Regent, in the year 1554. His Commission giving him some liberty, he kept most company with those he saw well affected in Religion; and during the time of his abode, was a great encourager of the professors. Returning the next year with commendatory letters from the same Countess to Queen Regent, he made his stay in Edinburgh, where notwithstanding he was visited with an heavy sickness for divers months, he ceased not daily to instruct and exhort such as came unto him, who were neither few, nor of the meaner sort. In the end of the year john Knox came into Scotland, john Knox returneth into Scotland. to whom many of good note repaired; for he taught daily in the house of one james Sim at Edinburgh, where he was secretly kept. In his teaching he laboured chiefly to inform his hearers, that in no case it was lawful to be present at the Mass, or to partake of the Papistical Sacraments. john Knox his conference with young Lethington, touching the presence at the Mass. William Maitland younger of Lethington, a man of good learning and utterance, resorting often to his Sermons, and perceiving his vehemency in that point, took occasion one day in the presence of his auditors to say, That he did not think his doctrine well grounded, and that wise men ought to serve the time, and not expose their lives to unnecessary dangers, and so make themselves unprofitable to the Church. For even the Apostle S. Paul, said he, to eschew the tumult of the people at jerusalem, went into the Temple, and purified himself with four men, that had a vow upon them, which otherwise then for eschewing the present danger, he would not have done. To this john Knox answered, That men ought so to serve the time, as they neglect not their obedience unto God, whose Commandment, how great soever the danger be, may not be transgressed. For the ensample alleged, he said, the dissimilitude was great, seeing to go into the Temple to purify and pay vows, was sometimes commanded by God himself, whereas the Mass from the first invention of it was abominable idolatry, and never allowed of God. Further he said, that it might justly be doubted, if either S. Paul's fact, or the advice that S. James and the Elders of Jerusalem gave him had any good warrant, seeing the event proved not such as they did promise to themselves; for S. Paul was so far from purchasing thereby the favour of the Jews, as to the contrary they rising in a tumult, threw him forth of the Temple, and had almost killed him; so as it seemed God did not allow his doing, for that it served to confirm the obstinate Jews in their superstition. By these and the like answers to the rest of the allegations propounded, the hearers were so satisfied, as they resolved to go no more to Mass, but to make an open separation, whose ensample divers others both of the Town and Country followed. This being observed by the Priests, The Priests offended at the dishant of the Mass. and others of the inferior Clergy they complained to the Bishops, and showed how the Church-service was contemned, and people drawn away to private conventicles. The Bishop's meaning the case to the Queen Regent, she was much commoved; yet advised them to use their own authority, and spare her for a little time, lest the Articles of the marriage which was then treating betwixt her daughter and the Dauphin of France, john Knox cited, and the Diet deserted. might receive some cross at the Convention of the Estates. Hereupon they took counsel to call john Knox, and summoned him to appear in the Church of Black friars at Edinburgh the fifteenth of May. But when the day came, they took a new device and deserted the Diet, pretending some informality in the Summons; howbeit the true cause was, that a number of Barons and Gentlemen were come to the Town to assist him. After that time his preaching grew public, and was more frequented then before. The Earls of Glencarn and Martial, repaired daily thereto, and were so taken with his Sermons, as they did counsel him to write unto the Queen Regent, and entreat her to make a Reformation of the Church; An. 1556. which he did; the letter was delivered by the Earl of Glencarne, but she calling it a Pasquil, gave the same to the Archbishop of Glasgow, and made no more account thereof. This is that letter which was afterwards published in Print, and entitled, A letter to Queen Dowager. Letters about the same time were brought to john Knox from the English Church at Geneva, He goeth to Geneva. declaring that they had elected him to be their Preacher, and requesting him to come and accept the Charge. This letter he communicated with those that were his ordinary auditors; and when he saw them exceedingly grieved for his departing, gave his promise to return, how soon they should find it fit to recall him. Soon after he took leave of them and went to his journey, He is condemned as an heretic, and burnt in effigy. but was not well gone, when upon a new citation directed by the Clergy (because he appeared not) he was condemned for an heretic, and burnt in effigy, at the Mercat-crosse of Edinburgh; This was done in the month of july, 1556. the copy of the sentence being sent unto him, he published an Apology, intituling it An appellation from the Clergy to the Nobility and Commons of Scotland. This year many prodigious signs were observed: A Comet of that kind, which the Astronomers call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Divers prodigious signs. the vulgars' a fiery Bissome, shined the whole months of November, December, and january; great Rivers in the midst of winter dried up, and in the summer swollen so high, as divers Villages were therewith drowned, and numbers of cattle feeding in the valley grounds carried to the sea; Whales of a huge greatness were cast out into sundry parts of the River of Forth; hailstones of the bigness of a Doves egg falling in many parts, destroyed abundance of Corns; and, which was most terrible, a fiery Dragon was seen to fly low upon the earth, vomiting forth fire both in the day and night season; which lasted a long time, and put the people to a necessity of watching their houses and Corn-yards. These direful signs (as every man is led by his fancy to presage) were taken by some to be progonosticks of great troubles that should ensue upon the Match with France; others said that thereby was signified some great change in the estate of the Church. And indeed after this the estimation of the Clergy daily diminished, The esteem of the Clergy decayeth. and divers of that number relinquishing their order, made open profession of the truth. Mr. john Dowglas, a Carmelite Friar, forsaking his Order, became a Chaplain to the Earl of Argyle, Mr. john Douglas a Carmelite forsaketh his Order. who resided then at Court, and spoke openly in his Sermons against Popish superstitions. In Dundy, Paul Methven did publicly exhort the people to renounce the doctrine of Rome, and submit themselves to the doctrine of Christ. And in all the parts of the country, some were daily breaking forth, especially from the Cloisters; and declaiming against the corruptions of the Church. The Bishops perceiving it would be to no purpose to convene the Preachers before themselves for heresy, moved the Queen Regent to call them before the Council for raising mutinies, and stirring up people to sedition, hoping that way at least to restrain their public teaching: The Preachers cited before the Council. but at the day appointed for their appearance, such numbers of people did accompany them, as it was held safest not to call them till the multitude was dispersed; and for that effect a Proclamation was given out, charging all persons that were come to the Town without licence of the Authority, A Proclamaon for the borders. to repair immediately to the borders, and attend the Lieutenant in the service against England, for the space of 15. days. The Gentlemen of the West country, The Gentlemen of the West complain of their oppression. who were but lately returned from the same service esteeming this a sort of oppression, went in a tumult to the Palace, and entering the Queen's Privy chamber, complained of the unreasonable Proclamation that was sent forth. The Queen began to excuse the matter, and show the necessity of their attendance for some short time, but they would not be satisfised; And one james Chalmers of Gaitgirth, a froward and furious man, stepping forward, said, We know Madam that this is the device of the Bishops who stand by you; we avow to God it shall not go so, they oppress us and our poor tenants for feeding their idle bellies, they trouble our Preachers, and seek to undo them and us all; we will not suffer it any longer. An. 1558. And with those words, every man made to his weapon. The Queen being extremely feared, gave them many good words, praying them to use no violence, and saying, that she meant no ill to their Preachers; that she would hear the controversy betwixt the Bishops and them; and that the present Diet with the Proclamation given out should be discharged: so the force ceased, and all was quiet for that time. Not long after, Commissioners chosen for the young Queen's marriage with the Dauphin. there arrived a messenger from the French King with letters to the Nobility, desiring that the marriage should be consummated betwixt the young Queen, and the Dauphin his son, and that certain Commissioners should be sent to assist the solemnity. A convention of Estates being called to this purpose in December following, choice was made of eight persons to go in that journey; for the spiritual Estate were named james Beaton Archbishop of Glasgow, and james Stewart Prior of S. Andrews, base brother to the young Queen; For the Nobility, Gilbert Kennedy Earl of Cassils', George Lesley Earl of Rothes, and james Lord Fleming; For the Burrowes, George Lord Seaton Provost of Edinburgh, and john Areskin of Dun Provost of Montrosse. The great dysasters that happened both in their going and returning, The misfortunes that happened in that voyage. brought many to think the marriage would not prove happy, and prosperous. For having shipped at Leith in the month of February, they were dispersed by a mighty tempest, and one of their vessels that carried their horses, cast away at S. Ebbs head, before they left the Scottish shore; another wherein the Earl of Rothes, and Bishop of Orkney sailed, with all the furniture for the marriage (which was very rich and costly) perished upon the coast of France, nigh unto Bulloign, the Earl and Bishop hardly escaping by the shipboat, which carried them to land. Neither had they any better fortune in their return homewards; for at Deep, divers of the chief persons fell sick and died. The Bishop of Orkney, a man of singular wisdom and experience, (who in his time had performed many honourable ambassages, to the credit and benefit of his country) ended there his life the 14. of September, 1558. the Earl of Rothes died two-dayes after him, and the Earl of Cassils' Thesaurer of the Realm, a virtuous Nobleman, went the same way. The Lord Fleming a brave young Nobleman returned to Paris, suspecting some contagion, and deceased in December following. These deaths falling out so suddenly together, bred a suspicion in many that they were made away by poison: which was the rather believed, because the French King was known to be displeased for their refuse of the matrimonial Crown to his son; however it was, the apprehension taken therefore, begat a great hatred of the French amongst the people of this Realm. In the month of April, The history of Walter Mill Martyr. Walter Mill an old decrepit Priest having ceased from saying of Mass, became suspected, and was upon the same apprehended in Dysert by Sir George Strachen, and Sir Hugh Torry, two of the Archbishops of S. Andews Priests; he was kept in the Castle, and earnestly laboured to recant and acknowledge his errors: but continuing firm and constant in his opinions, his trial at last made, and he accused in presence of the Bishops of S. Andrews, Murray, Brichen, Cathnes, and Athens; the Abbots of Dunfermlin, Lundors, Balmerinoth, and Couper; Dean john Winrame, Subprior, john Grison a black Friar, Mr. William Cranston Provost of the old College, and divers other Doctors of the University. When he came into the Church, and was led to the place where they had appointed him to stand, he looked so feeble partly by age and travel, partly by ill entertainment, as it was feared none should hear what he answered. Yet how soon he began to speak, he delivered his mind with such quickness and courage, as amazed his very enemies. Sir Andrew Oliphant, His examination. one of the Archbishop's Priests, commanded him to arise (for he was upon his knees) and answer to the Articles, said, Sir Walter Mill get up and answer, for you keep my Lord here too long; he notthelesse continued in his devotion, and that done he arose, and said, he ought to obey God more than man; I serve a mightier Lord than your Lord is. And where you call me Sir Walter, they call me Walter, and not Sir Walter; I have been too long one of the Pope's Knights: now say what you have to say. Oliphant then began with this question, What thinkest thou of Priest's marriage? He answered, I esteem it a blessed bond, ordained by God, approved by Christ, and made free to all sorts of men; but you abhor it, and in the mean time take other men's wives and daughters, you vow chastity, and keep it not. Oliphant proceeding said, Thou sayest that there is not seven Sacraments. He answered, Give me the Lords Supper, and Baptism, and take you the rest and part them amongst you. Oliphant. Thou sayest that the Mass is idolatry. He answered, A Lord sendeth and calleth many to his dinner, and when it is ready ringeth the Bell, and they come into the Hall, but he turning his back upon the guests, eateth all himself, giving them no part; and so do you. Oliph. Thou deniest the Sacrament of the Altar to be the body of Christ really in flesh and blood. He answered, The Scripture is not be taken carnally, but spiritually; and your Mass is wrong: for Christ was once offered on the Cross for man's sin, and will never be offered again, for than he put end to all sacrifices. Oliph. Thou deniest the office of the Bishop. He answered, I affirm they whom you call Bishops, do not Bishops works, nor use the Offices of Bishops, but live after their own sensual pleasures, taking no care for the flock, nor yet regarding the word of God. Oliph. Thou speakest against pilgrimage, and callest it a pilgrimage to whoredom. He answered, I say that pilgrimage is not commanded in the Scripture, and that there is no greater whoredom in any place then at your pilgrimages, except it be in the common brothels. Oliph. Thou preachest privately in houses, and sometimes in the fields. He answered, Yea man, and upon the sea too, when I am sailing. Oliph. If thou wilt not recant thy opinions, I will pronounce sentence against thee. He answered, I know I must die once, therefore as Christ said to Judas, Quod facis fac citò; you shall know that I will not recant the truth, for I am corn, and no chaff; I will neither be blown away with the wind, nor burst with the flail, but will abide both. These answers he gave with a great boldness, to the admiration of all that were present. Then did Oliphant pronounce sentence, Sentence pronounced against Walter Mill. ordaining him to be delivered to the temporal Judge, and burnt as an heretic; but because no man could be found to supply the place of a Judge, (for Patrick Lermond Bailiff of the Regalty did absolutely refuse) nor in the whole City so much as a cord to be had for money to tie him, The Bailiff of the Regality refuseth to be Judge. after he should be condemned, his life for one day was prolonged. The next morning one of the Archbishop's domestics called Alexander Somervaile, a wicked and flagitious man, supplying the place of the temporal Judge, condemned him to the fire; and because no cords could be had, the ropes of the Archbishop's Pavilion were taken to serve the purpose. As the time of his suffering drew near, His constancy at his suffering. his constancy and courage still increased; for being conveyed to the fire with a number of armed men, when he was come to the place, and the Priest Oliphant did command him to go to the stake, he said, No, I will not go, except thou put me up with thy hand; for by the law of God I am forbidden to put hands in myself, but wilt thou put to thy hand and take part of my death, thou shalt see me go up gladly. Then Oliphant putting him forward, he went up with a cheerful countenance, saying, Introibo ad altare Dei; and desired he might be permitted to speak to the people. Oliphant, and the executioners said, that he had spoken too much, and that the Bishops were offended with the delay. Yet some youths that stood by, willed him to speak what he pleased, giving the executioners and Bishops both to the devil. So after he had made his prayer upon his knees he arose, and standing upon the coals, spoke to the people a few words to this effect. Dear friends, the cause why I suffer this day, is not for any crime laid to my charge, though I acknowledge myself a miserable sinner before God, but only for the defence of jesus Christ, set forth in the old and new Testaments: for which as many faithful Martyrs have offered their lives most gladly, being assured after their death to enjoy endless felicity; so this day I praise God, that he hath called me of his mercy amongst the rest of his servants, to seal up his truth with my life, which as I have received of him, so willingly I offer it to his glory. Therefore as you would escape eternal death, be no more seduced with the lies of the Priests, Monks, Friars, Priors, Abbots, Bishops, and the rest ' of the sect of Antichrist; but depend only upon jesus Christ and his mercy, that you may be delivered from condemnation. The multitude that looked on made a great lamentation, The people exceedingly moved at his speeches. for they were exceedingly moved with his words. When the fire was kindled, and began to flame, he cried, Lord have mercy on me, pray good people whilst there is time; and thus departed, showing a wonderful courage and resolution of spirit. The Citizens took his death so grievously, that lest it should be forgotten, they made up a great heap of stones in the place where his body was burnt; and when the Priests had caused the heap twice or thrice to be carried away, denouncing such as should bring any stones thither accursed; still it was renewed, until watches were appointed to see who they were, that brought any stones to the place, and charge given to apprehend them. The Epitaph made upon him is worthy the inserting. Non nostra impietas, His Epitaph. aut actae crimina vitae Armarunt hostes in mea fata truces. Sola fides Christi, sacris signata libellis, Quae vitae causa est, & mihi causa necis. This man was the last Martyr that died in Sco●land for Religion, His death, the death of Popery in this kingdom. and his death the very death of Popery in this Realm; for thereby the minds of men were so greatly enraged, as resolving thereafter openly to profess the truth, they did bind themselves by promise and subscription to oaths, if any should be called in question for matters of Religion at any time after, they should take up Arms, and join in defence of their brethren against the tyrannous persecution of the Bishops. The work of Reformation did hereupon take a beginning, The worthy men that lived in this time. the story whereof before I set down (after I have remembered some worthy persons that lived in those times) I will add the Catalogue of our Bishops in the rest of the Sees of this Kingdom, so far as I have been informed or learned by diligent search. Sir David Lindsay of Mont shall first be named, Sir David Lindesay of the Mont. a man honourably descended, and greatly favoured by King james the first. Besides his knowledge and deep judgement in Heraldry (whereof he was the chief) and in other public affairs, he was most religiously inclined, but much hated by the Clergy, for the liberty he used in condemning the superstition of the time, and rebuking their loose and dissolute lives. Notthelesse he went unchallenged, and was not brought in question; which showed the good account wherein he was held. Divers poesies he wrote in his mother tongue, which gave evidence of his quickness of wit, and the knowledge he had in histories. In the beginning of the Governors' Regency, he did attend him till the Governor misled by ill counsel, made his authority subject to the Cardinal. After that time he lived for the most part private, and died in a good age, the Queen Regent having the administration of affairs. Next to him shall be remembered Mr. Patrick Cockburn, Mr. Patrick Cockburn. a Gentleman of the house of Langton, in the Merss; this man having attained by his studies to great learning, lived a long time in the University of Paris well esteemed. What course he took afterwards I know not, nor where he died; but by the Treatises yet extant that he wrote, it appeareth that he was a man of good learning, and a favourer of the truth. The third shall be john Mackbrair a Gentleman of Galloway, john Mackbrair. who forsaking the country for Religion, became a Preacher in the English Church; in the time of Queen Mary's persecution he fled to Frankford, and served the English congregation as Minister. Afterwards called by some occasion to the charge of a Church in the lower Germany, he continued there the rest of his days. Some Homilies he left upon the Prophecy of Hosea, and an History of the beginning and progress of the English Church. To these I shall add our countryman Robert Wachop, Robert Wachop Archbishop of Armagh. though he lived and died an adversary to the truth, An. 1130. seeing by his virtue and learning he purchased both credit and dignity in foreign parts; and, which almost exceedeth belief, being blind from his very birth, only by learning the lessons and conferences of learned men, he grew to such knowledge, as in the University of Paris none of the Doctors was held more learned, nor had a more frequent auditory: being afterward promoved to the Archbishopric of Armach in Ireland, he was employed in divers legations to the Emperor, and King of France by Pope Paul the third, which he discharged with such prudence, as he came to be greatly esteemed with all the Princes to whom he was known. At last in his return homewards from Rome, in the year 1551. he died at Paris, much lamented of all that University. Coming now to set down the Catalogue of Bishops in the rest of the Sees, I shall keep the order of the Provinces, and begin with Dunkeld, the Bishop whereof hath hitherto been reckoned in the first place. The Bishops of DUNKELD In the City of Dunkeld, Dunkeld erected to be a Bishopric. there was of old an Abbey founded by Constantine the third King of Picts, about the year 729. to the memory of S Columbe, in which the Culdees were placed; King David in the year 1130. did erect it to be a Bishops See; and recommending one Gregorius to the place, obtained Pope Alexander the third his confirmation thereof; The succeession of Bishops in that See. he sat 42. years, and was much favoured by that good King. The lands of Anchtertaile, with divers others appertaining to that See, were of King David his gift. This Bishop diet at Dunkeld, in the year 1169. 2. Richard, Chaplain to King William, was elected in his place, and consecrated in S. Andrews upon the vigils of S. Laurrence by Richard Bishop of S. Andrews. This Bishop was commended for vindicating the Church of Abercorne forth of the hands of a laic person named john Avonele, who claimed the Patronage thereof; he sat four years, and dying at Crawmold, was buried in S. Colmes Inche in the year 1173. 3. Cormacus succeeded in his place, to whom King William gave the lands of Dalgathy; he died in the year 1177. 4. In his place was chosen Walter de Bidden, who was Chancellor to King William, but he lived not many years. 5. john Scot an English man born, being Archdeacon of S. Andrews, had been elected Bishop of that See, but that his election being withstood by the King as we showed before, he was after Biddens death promoved by the Pope's consent to Dunkeld; a man that made conscience of his charge, and was painful in his office. The country of Argyle was at that time of the Diocese of Dunkeld, the people whereof did only speak Irish, and neither understood the Bishop, nor he them. Upon this he traveled to have the Diocese divided, and Argyle erected into an Episcopal See; and to that effect sent a letter to Pope Clement the third, entreating that one Evaldus his Chaplain, who could speak Irish, a wise and godly person, might have the charge of that part committed to him; for, How, said he, can I make an account to the judge of the world in the last day, when I cannot be understood of them, whom I teach? The maintenance is sufficient for two Bishops, if we be not prodigal of the patrimony of Christ, and will live with that moderation, which becometh his servants; it shall therefore be much better to diminish the charge, and increase the number of able workmen in the Lord's field. The Pope reading the letter, and considering how earnest he was to be eased of his charge, though to his own temporal loss, said, It is the study of others to enlarge their bounds and livings, not caring how it goeth with the people, and here is one that requesteth his Benefice may be parted in two. O how few Bishops are now in the Christian world so disposed! and so commending greatly the Bishop's disposition granted his request, sending back Evaldus (for he was the messenger) consecrated Bishop as was desired. The Bishop glad to have obtained his desire, entered Evaldus to the charge, and followed diligently his own in that part which remained. Some few days before his death, he rendered himself a Monk in Newbotle, and there departed this life in the year 1203. his body was interred in the Choir of that Church upon the North side of the Altar. An. 1210. William Bining, afterwards Abbot of Cowper, did write his life, but the story is perished. 6. After his death Richard Provand, King William's Chaplain, was consecrated Bishop, and lived a few years only in the See, for he departed this world in the year 1210. and was buried in Inchcolme. 7. john Leicester, cousin to King William, and elected successor, and dying at Crawmond, was buried in Inchcolme with his predecessor in the year 1214. 8. Hugo, called Hugo de sigillo, a Monk of Aberbrothock, succeeded unto Leicester, a man of a sweet and amiable disposition, he was called the poor man's Bishop, and lived not a year after his consecration. 9 Matthew Chancellor of Scotland was then elected, but he died the same year before he was consecrated. 10. To him succeeded Gilbert Chaplain to Bishop Hugo; he sat 22. years, and died in the year 1236. 11. Galfrid Liverance was elected in his stead. This Bishop was a zealous man, he reform the service of the Church ad usum Sarum; and ordained the Canons to make residence at Dunkeld, giving them the Commons of that Church for their entertainment. He died at Tibbermoore in the year 1249. and was buried at Dunkeld. 12. After Galfrids' death Richard Chancellor to the King succeeded, and dying the same year at Crawmond, was buried in Inchcolme. 13. After him Mr. Richard of Innerkething, Chancellor of Scotland, was elected, who sat 22. years; he built the great Choir of the Abbey Church in Inchcolme upon his own charges, and died very old in the year 1272. He is much commended for his faithful service done to King Alexander. His body was interred at Dunkeld, and his heart laid in the North wall of the Choir, which he built in Inchcolme. 14. Robert Sutevile Dean of Dunkeld, debarred at first from the Bishopric of S. Andrews, by the ambitious suit of Abill the Archdeacon, was at this time preferred to be Bishop of Dunkeld; he died in the year 1300. and governed the See 28. years, Moribus, scientia, & vita praeclarus. 15. After him Matthew by recommendation of Edward the first of England, who kept Scotland then under subjection, was advanced to the Bishopric, and sat 12. years. 16. William Sinclare a brother of the house of Roslin, and Uncle to William Lord Bisset, succeeded. This is he that King Robert the Bruce used to call his own Bishop; for the King being in Ireland with an Army for the supply of his brother Edward, the English taking advantage of his absence, sent two Armies to invade the kingdom; the one by land, the other by sea. The Sea Army landed in Fife, near to Anchtertaile, (where the Bishop had his residence) which the Sheriff of the country for hindering their depredations went to encounter, but at the sight of their numbers he gave back and fled; the Bishop hearing of their flight, brought forth his ordinary train, and casting himself in the Sheriff's way, asked why he fled: and having checked him bitterly for his cowardice, called for a lance, crying aloud, You that love the honour of Scotland, follow me. By this forwardness he put such courage in the rest, as they returning upon the English, did chase them all back to their ships, one of the ship-boats overcharged with the company that leapt into it was sunk, and in that conflict were drowned and slain 500 English and above. The honour of this victory was wholly ascribed to the Bishop's courage, for which he was greatly favoured by the King. He built in his time the Choir of Dunkeld from the ground, which the Army of England had demolished; redeemed the lands of Green oak from one Simon Cader, and gave to his Archdeacon the Church of Logia Leguhy, with the Vicarage pensionary of little Dunkeld; afterwards dying the 27. day of june, Anno 1338. he was buried in the Choir of Dunkeld, in a marble Tomb by himself erected. 17. The same year one Duncan an English man born was consecrated Bishop; he set in few the lands of Fordel to Walter Fotheringham, at the desire of Edward Balliol, and died in the year 1364. after he had sat 26. years. 18. To him succeeded Michael of Monimuske Chamberlain of Scotland; An. 1376. he died the first of March, 1376. and was buried in the Choir of Dunkeld. 19 After him Mr. john Peblis Chancellor to King David Bruce, came to the place, a man learned, and of great authority; he sat 20. years in the See. 20. In the year 1396. Robert Carden son to john Carden of that ilk, was consecrated Bishop, and governed the See the space of 40. years. He did many good things in his time to his Church, building and enlarging it at his own charge, and acquired thereunto divers lands, as the town of Crawmond, with the lands adjoining, for which he gave in excambion, the lands of Cambo in the same Parish, and the lands of Muchler besides Dunkeld. He died the 16. of january, 1436. and was buried hononrably in S. Ninians Chappel of Dunkeld, which himself had built. 21. To him succeeded Donald Macknachtan Dean of Dunkeld, Doctor of the Common law, and Nephew to Bishop Robert his predecessor; he was elected by the Chapter, but King james the first misliking the choice, opposed his entry, whereupon he took journey to Rome to obtain his election confirmed, and died by the way as he was travelling thither. 22. james Kennedy Nephew to King james the first by his sister, was then preferred to the See, two years he sat Bishop in Dunkeld, and was afterwards translated to S. Andrews, as before we have showed. 23. Upon his translation Mr. Alexander Lawder Parson of Rothow, and brother german to the Bishop of Glasgow, than Chancellor of the kingdom, was elected Bishop, but he died the same year (which was the year 1440.) at Edinburgh, and was buried with his Ancestors in the Church of Lawder. 24. Mr. james Bruce Parson of Killmeny, was after him consecrated Bishop of Dunkeld at Dunfermlin the fourth of February in the year of Christ 1441. and sat Bishop the space of 6. years. In the seventh year he was translated to the Bishopric of Glasgow, and made Chancellor of the kingdom. 25. To him succeeded Mr. john Ralston; he was Secretary to King james the second, and sit Bishop little above three years, dying in Dunkeld, in the year 1450. where he was buried. 26. Master Thomas Lawder, Preceptor or Master of Lowtrey, who had been Tutor to Kings james the second in his youth, at the age of 60. years was elected Bishop after Ralston by the King's recommendation; he took great pains in preaching, and by his continual exhortations and exemplary life, won that unruly people to the obedience of God and the King. Having finished the building of the Church, he dedicated the same in the year 1454. and adorned it in most magnificent manner. He obtained of the King an erection of the Bishop's lands on the North side of Forth, into a Barony called the Barony of Dunkeld; as likewise the lands in the South, into another which was called the Barony of Aberlady: built a Bridge upon the River of Tay, nigh to his own Palace; founded a number of Chaplanries', and prebend's, partly in Edinburgh, partly in Dunkeld; made purchase of two lodgings, one in Edinburgh, and another at Perth, for the receipt of his succescessours: and having done many good works, resigned his Bishopric because of his great age, to Master james Levinston Dean of Dunkeld. 27. This resignation was crossed a while by Thomas Spence Bishop of Aberdene, whose credit in the Court was great at that time, but upon transaction amongst themselves, the King's consent was obtained, and he consecrated at Dunkeld by john Hepburn Bishop of Dumblaine, john Balfour Bishop of Brichen, and the said Thomas Spence in the year 1476. He sat seven years two months and five days, and dying at Edinburgh, was buried in the Isle of Inchcolme. 28. The Chapter after Levingstones' decease made choice of Alexander Inglis Dean of Dunkeld, and Keeper of the Rolls in the time of King james the third, but Pope Sextus the fourth cassing his election, gave the Bishopric to George Brown Chancellor of Aberdene (who was then at Rome) and consecrated him Bishop in Saint james Church, Anno 1484. The King displeased with this promotion, declared him rebel, and complained thereof to the Pope and Cardinals; but the Pope maintaining his own gift, the King was afterwards reconciled to him, and he peaceably possessed in the Bishoprics. An. 1010. This Bishop was a strict observer of discipline, and by his austere and rigorous forms wrought a great reformation in all the parts of his Diocese, which he distributed in four Deaneries, placing one in the Borders of Athol and Drumalbane, another in Fife, Fothrick, and Strathern, the third in Angus, and the fourth in the parts besouth Forth. The penalties of offenders he gave to the use of the Church where they resided, saying commonly, Oleum peccatorum non impinguet caput meum. He was a man given much to hospitality, and withal very careful of the Church, for he recovered to the See the lands of Fordel and Muckarsie, with the Forest of Birnan, that had been alienated before his time, founded divers prebend's and Chaplanries, and gave many ornaments to the Cathedral Church. Before his death he was tormented with the Felt gravel, which he bore most patiently, professing that he was glad to endure those pains as serving to wean his heart and affection from the love of this world; and so departed this life most happily the twelfth of january, 1514. 29. Andrew Stewart brother to john Earl of Athol, was upon his death postulated Bishop, but it took no effect, Master Gawan Douglas brother to the Earl of Angus, and Provost of Saint Giles in Edinburgh being preferred thereto by Pope Leo the tenth. This gift was quarrelled by the Duke of Albany Governor, and the Bishop called in question for his traficking with Rome without licence; whereupon he was committed and continued prisoner a whole year. Afterwards compounding with Andrew Stewart, to whom he gave the Churches of Alight, and cargil, he got peaceable possession of the See; yet the troubles that followed in the country, made him forsake the same, and undertake a journey to Rome. In his way thither he died of the plague at London in Savoy house in the year 1522. A man learned, wise, and given to all virtue and goodness; some monuments of his engenie he left in Scottish meeter which are greatly esteemed, especially his translation of Virgil his books of AEneids. 30. George Creighton succeeded, a man nobly disposed, and a great housekeeper, but in matters of his calling not very skilled. In the question of Religion (which was in his time severely agitated) he loved to have things calmly carried, but his counsel took little place. It was he that said to one of his Vicars, whom he was persuading to leave his opinions, That he thanked God that he knew neither the Old nor the New Testaments, and yet had prospered well enough all his days. 31. Robert Creighton his Nephew was preferred upon his death to the See, in whose time fell out the reformation of the Church. The Bishops of ABERDENE. 1. Malcolm the second in memory of the defeat he gave the Danes at Murthlack, The succession of Bishops in the See of Aberdene. founded there a Bishop's seat in the year 1010. and preferred one Beanus thereto, a man of singular virtue and godliness, gifting to him and his successors the lands of Murthlack, Cloveth, and Dummeth. This Bishop sat 32. years, and dying in Murthlack, was buried at the Postern door of the Church, which himself had built. 2. Donortius who succeeded him, lived Bishop 42. years, and was interred with his predecessor. 3. Cormachus the third Bishop of this See governed the same 39 years, and was buried likewise with his predecessors. 4. Nectanus succeeded; in his time King David did translate the See from Murthlack to Aberdene, and gave to him and his successors the lands of old Aberdene, Sclaty, Goull, Moorecroft, Kurmundy, Mowmenlach, Clat, Talynstine, rain, Dawyot, and their Churches, with divers others lands, whereby the See was greatly enriched: this Bishop died in the year 1154. having sat 14. years at Murthlack, and 17. at Aberdene. 5. After the death of Nectanus, one Edward was promoved, who was greatly favoured by Malcolm the fourth, called the Maiden, and was thought to have persuaded the King to continue in his single life: he was the first Bishop that brought the Canons to do ordinary service in the Church of Aberdene, and died in the eleventh year after his consecration. 6. Matthew Kinninmouth Archdeacon of S. Andrews succeeded, a man famous for learning, and other excellent virtues. In his time began the Cathedral Church of Aberdene to be built unto the memory of S. Machar, to whom King Malcolm gave the lands of Tuligreg, Fetternew, Invercrowden, Banchordeneif, Balhelvy, and the Patronages of the Churches. He sat Bishop 34. years. 7. john Prior of Kelso was next elected Bishop; this man is greatly commended for liberality to the poor, and magnificence in the buildings and ornaments of the Church; he died the next year after his consecration. 8. One Adam was assumed in his place rather for satisfying King William's pleasure, then for any good affection born to the man by the rest of the Clergy; at first he showed no great care in his charge, giving himself wholly to temporal affairs; yet after King William's death, he grew quite another man, setting himself to amend his former negligences. He sat 21. years. 9 Upon his death the Clergy and people of Aberdene postulated Matthew Chancellor of the kingdom, who was willing to accept the place, but Dunkeld falling void in the mean season, King Alexander the second preferred him to that See. 10. And Gilbert Striveling a man well born, and much esteemed for his integrity of life, obtained the place, but he lived not many years, departing this world in the eleventh year after his election. 11. Radolph Abbot of Aberbrothotk succeeded, being with an uniform consent of the Clergy and people elected Bishop; he was brought with great difficulty to accept the charge; a man of great prudence, and painful in his calling: for he traveled through all his Diocese on foot, preaching and visiting the Churches, that he might know their true estate; and is said never to have changed his form of living that he used in the Cloister, and to have been more abstinent and sparing both in diet and apparel, than he was before; he died some eight years after his consecration, which was about the year of Christ, 1247. 12. Peter Ramsay, a man of good learning, was next chosen Bishop; he was a man very kind to the Canons, and parted many of his rents amongst them; he sat Bishop ten years, and deceased about the seventh or eighth year of King Alexander the third his reign. 13. Presently after his death Richard Pottock an English man was elected, who sat Bishop 13. years. 14. Hugh Benham elected by the Monks went to Rome, and was there consecrated by Pope Martin the fourth; after he had remained there the space of a year, he returned to Scotland, at which time there was a great contention between the Churchmen and the people of the country for certain tithes, that the Priests did exact too rigorously. The difference being submitted to him, he composed the same in a Convention of the Clergy at Perth, wherein the King and many of the Nobles were present, and died of a Catarrh, being very old, in the Isle of Louchgoull, about the year 1280. 15. Henry Cheyn, Nephew to the Lord Cummyn, was preferred to the See; the troubles which in his time broke forth in the Kingdom between Bruce and Balliol, wrought him great vexation; for whilst he took part with his Uncle against Bruce, he was banished into England, where he lived until the end of these wars, and then licenced by King Robert to return▪ he gave himself to repair the Church, and restore all things, which the licentiousness of war had disordered: he died the same year in which King Robert the Bruce ended his life, that is, in the year of Christ 1329. which was the 48. year after his consecration. 16. Alexander Kinninmouth Doctor of Divinity succeeded in his place, a great lover of learning and learned men, whom out of all parts he drew to make residence with himself. In the winter season he dwelled at Murthlack, and when the the spring opened, at Aberdene, because of the confluence of people all that time of the year: all the summer and harvest time he remained at Fetterneir and Rain, that he might the more commodiously discharge his office in every part of his Diocese. The English in his time set on fire the Town of Aberdene, which burned six days together, and did much harm; his own Palace, with the whole houses of the Canons were thereby consumed, which was thought to have hastened his death; he departed this life in the eleventh year of his consecration. 17. William Deyn was made Bishop in his stead, the most of his time the Realm was infested with wars, whereby he was impeded in many good purposes that he intended, and had much ado to keep the Clergy in obedience, for every man during the war, took liberty to do what they thought good; he sat Bishop the space of ten years. 18. After him john Raith Doctor of Divinity was chosen Bishop by the Monks; he lived only six years' Bishop, and was buried in the Choir of Aberdene. 19 King David Bruce returning from France about this time had brought with him in company one Nicolaus, a corrupt and ambitious man, who procured the King's recommendation to the Chapter of Aberdene for his election. The Canons excused themselves, saying, The Church of Aberdene was not so scant of men as to admit an unworthy person into the place. And howsoever the King in his Kingdom might do what he pleased, they were by their oaths astricted to admit none but learned men, and such as were approved for integrity of life: wherefore entreated the King in humble manner to suffer them, as they had been accustomed, to elect some wise and grave person, that could discharge the place with credit: which after some months they obtained, making choice of one Alexander Kinninmouth, who was consecrated in the Town of Perth, the King himself being present. This man answered fully the hopes conceived of h●m, and took great pains in his calling; for on the ferial days he taught the Civil and Canon law, and the holy days he spent in preaching and prayer. Thrice every week he fasted, contenting himself in the holy Eves with bread and water. He caused demolish the old Church of Aberdene, which he esteemed not so beautiful as was fitting for a Cathedral Church, and laid the foundation of another more magnificent. But ere the work was advanced six cubits high, he was employed by King Robert the second in an Ambassage to France, for renewing the old league, which he worthily performed; shortly after his return he died, having sate Bishop 24. years. 20. Adam Conningham, a man well descended, and of great authority, was after him elected. This Bishop is said to have been in such account for the his wisdom and sincerity, that in all matters of importance propounded in Council, his opinion did ever prevail. His frequent employments with the French King, as well before, as after his preferment to the See, and the happy success he had therein, manifested his prudence and dexterity of wit: yet as it falleth out often in Courts, upon some envious delations the King became jealous of him, as if he had practised with some Noblemen against the Royal succession, and pressed to reduce the old form of election of Kings. Finding that the King had taken some impression of the report, albeit nothing was more false, he took counsel to retire himself, and attend his charge at home: where he had not long stayed, but he fell in a new trouble, with a base son of the Kings, named Alexander, a man extremely vicious, and for his oppressions hated of all good men. To the Bishop he bore a special grudge, because of the liberty he had used in reproving his wickedness; and hearing in what dislike the Bishop was with the King, he violently possessed himself in the Bishop's lands, thrust forth his tenants, and behaved himself as Master, and Lord of all. The Bishop complained to the King, but finding no redress, he pronounced him excommunicate; wherewith the wicked man incensed, associating a number as wickedly disposed as himself, did swear to take the Bishop's life, and came to Aberdene of that intention. Whereof the Bishop getting advertisement, he went forth to meet him on the way, and how soon he saw him, discovering his head, which was all white, (for he was a man of great age) said, If this be it that thou seekest, I have brought it unto thee, take thee head, life, and all. The company admiring the old man's courage, and moved with some compassion of his white hairs, persuaded Alexander not to meddle with his blood. The report of this insolency going to the King, he sent for his son, and committing him to prison▪ caused satisfaction to be given for all the injuries the Bishop had sustained, An. 1300. and surety for his indemnity thereafter. After which he enjoyed reasenable quietness until his death, which happened in the year of Christ, 1390. having sate Bishop ten years. 21. Gilbert Grimlaw, a man learned, wise, and of great esteem with the Nobles of the Kingdom, was consecrated Bishop of Aberdene the same year; he had been Chancellor to King Robert the third a long time, which office he discharged with great credit, and to the contentment of all the subjects: after the King's death (the Earl of Fife brother to the deceased King then governing the Realm) he was employed in an Ambassage to Charles the seventh of France, and went thither in the company of the Earls of Buchan and Douglas, who with divers other Noblemen were afterward unfortunately killed at the battle of Vernoil. The Bishop at his return found all things out of frame, the Governor dead, his son Mordach placed in his room, and the whole estate miserable by the riots and oppressions which were used every where without punishment. This made the Bishop retire himself and live private at home, where soon after he died of a consumption in the year 1424. his body was interred in the Choir of the Cathedral Church. 22. After his death Henry Leighton Bishop of Murray was translated to Aberdene, a man learned both in the Civil and Canon law, of great experience, and in that regard postulated Bishop by the Canons: he stood doubtful a while whether he should condescend to the charge or not, yet was induced to consent at last, and so came to Aberdene, where he applied himself carefully to do the charge of a Bishop. But the Estates of the Realm meeting in a solemn convention for putting some order to the present confusions, he was sent with some others in Commission to England, to treat for redemption of King james the first, who was there detained captive. This business happily performed, he returned with the King, to whom he gave great content by his services and forwardness in reforming public abuses; he advanced greatly the fabric of the Church of Aberdene, and bestowed large sums for perfecting that work; he built also the Chapel called Saint john's Chapel within the Cathedral, and was therein buried himself in the year 1441. 17. years after his translation. 23. Ingram Lindesay Doctor of the Canon law, was upon his death with the great applause of all good men received Bishop, he was at that time very old, and by the policy of one Alexander who aimed at his place, moved to take journey to Rome: the man imagining that he should die in the voyage, whereof yet he was deceived. For the Bishop sailing to Marselles in France, went from thence by sea to Rome, and after some months stay returned more healthful than before. 17 years he continued Bishop, and ruled the affairs of the Church very wisely. A man constant in his promises of a spare diet, but very hospitable, for he entertained great numbers both of learned men and others, especially the eldest sons of Noblemen and Barons in the North parts; and notwithstanding of his age, and public employments was ever at study when he could find any free time from those cares. A little before his death he fell in the King's displeasure for denying admission to some whom the King had presented to certain Benefices, for that they were either mere ignorants or for their years incapable. But this did not much trouble his mind, as being no way conscious to himself of any just offence offered. He died at Aberdene much lamented of the Citizens who loved him dearly, and buried him in the Cathedral Church with great solemnity. 24. Then was Thomas Spence Bishop of Galloway translated to the See, a man of active spirit, and fitted for great business. Whilst he was yet very young, he went to France, trusted with a Commission by King james the second, and by his wise behaviour won such favour with Charles the seventh then reigning, as after divers great services performed to that King, he returned honoured with the place of a Chancellor, and a yearly pension of 3000. French Crowns, about which time the Bishopric of Galloway falling void, he was held most worthy to be preferred thereto, and from thence by the occasion of Bishop Lindesay his death, at the earnest entreaty of the Canons, was translated hither; most of his time after he was translated, he spent in Legations from the King and Estate, sometimes to the Duke of Burgundy, An. 1480. and sometimes to Edward the fourth of England. Not thelesse mindful of his Church he adorned the same in a most rich and sumptuous manner, and built of new the Bishop's palace, which since the burning by the English had been waist and ruinous. Amongst other charitable works, he erected an hospital at Edinburgh, acquiring thereto divers lands, and ended his life by sickness the fifteenth of April 1480. his body was interred in the Trinity College of Edinburgh. 25. Robert Blaicater being for the time at Rome, was by the provision of Pope Xistus the fourth made Bishop, at whose hands also he received consecration; a Gentleman well descended, and of good knowledge both in divine and humane learning: soon after he was translated to Glasgow, where he died. 26. William Elphinston succeeded to Blaicater, a famous and memorable person; he was born in the City of Glasgow, and trained up in the pedagogy of that City; where he made such profit in his studies, that all who knew him conceived even in his younger years great hopes of his advancement. By the advice of his Uncle Laurence Elphinston he went to France, being 29. years of age, and there abode some nine years, having purchased good reputation in the University of Paris for his skill in the laws, which six years together he professed, reading daily the Lectures thereof in a most frequent auditory. Then returning into his country, was preferred first to be Official of Glasgow, afterwards made Official of S. Andrew's, and promoved to be of the King's Council. Some jars falling out at that time betwixt King james the third, and Lewis the eleventh of France, which was like to have dissolved the ancient friendship betwixt the two nations, he was joined in Commission with the Bishop of Dunkeld, and Earl of ●uchan for pacifying the same, and by a wise and most eloquent oration brought matters so about, that the old league and amity was renewed, and all occasions of discord quite removed: whereupon the Bishopric of Rosse was at his return cast upon him, which he accepted with great difficulty. The See of Aberdene afterwards falling void, he was translated thither, and at that time was made Chancellor of the Kingdom; in which charge he carried himself with that moderation and equity, as he was both loved and reverenced of all persons. But the unhappy troubles that fell out betwixt the King and some of his Nobility, which by no means (though he did use his uttermost diligence that way) could be pacified, made him retire to his charge at Aberdene, where he gave himself to reform such things as he found disordered in the Church, and had doubtless effected the same if he had not been called back to Court, and employed much against his will in public affairs. King james the fourth then entering his reign, he was by the consent of the whole estate sent Ambassador to Maximilian the Emperor, to suit his daughter Margaret in marriage for the King: But she before his coming being promised to the Prince of Spain, the business took no effect, yet that his travel should not be altogether unprofitable, in his return from the Emperor's Court, he reconciled the variance, which long had continued betwixt this nation and the people of Holland, and thereby grew in such favour with the King, that whatsoever business he had, either within or without the Kingdom, the same was wholly committed to his trust. Neither did he in the mean while neglect to use his best means for the advancement of learning, having built a stately College in Aberdene, which for the beauty of the edifice and rich foundation was one of the rarest monuments this Kingdom had seen. The expense he bestowed partly on that work, partly for providing materials for building of the Bridge upon Dey, with the large alms he gave daily to the poor and religious of all sorts (not to speak of the help and relief he made to others of his kindred) exceeded almost all credit and belief: for he was ever observed to keep a good table, and had no Benefices in Commendam, (which was then grown into a custom amongst Churchmen) yet upon the rents of his own Bishopric, he did both maintain his estate, do all those great and magnificent works; and dying, left in treasure ten thousand pounds in gold and silver, which he bequeathed to the College, and the finishing of the bridge at Dey: that in him we may truly see how it is not the abundance of worldly goods, but the blessing of God that maketh rich. What time he could spare from the public service he spent in writing the history of his nation, An. 1514. and gathered in one volume all the Antiquities that could be found thereof. The memories also of those holy men who lived in former times, in this kingdom, he studied to preserve, committing to writing their worthy and memorable acts, and giving order that on solemn days the religious should read some part thereof in their common meetings; neither was he seen to be idle, but always in labour and striving how to benefit the public. Nor was there any man known to have been of more integrity of life and manners, sweet and pleasant conversation, of a cheerful countenance, and exceeding delightful. The constitution of his body was healthful and strong, old age which to others is of itself a disease, wrought in him no alteration either of mind or body; for being 83. years old, his judgement in the weightiest matters of State was observed to be as quick, and his memory as ripe, as when he was in the middle of his youth. That which is supposed to have hastened his death, was the unfortunate death of the King at Flowden; for after the report of that loss he was never perceived to laugh, nor willingly did he hear any thing that sounded unto mirth or gladness, and thereupon had resolved to live the rest of his time obscure and retired: yet being called by the Council to assist some great business, which for the time was in hand, he sickened in his journey towards Edinburgh, and the sixth day after his coming thither, died most christianly: his body embalmed, was carried afterwards to Aberdene, and entombed in his own College before the high Altar. They write that the day his Corpse was brought forth to the burial, the pastoral staff, which was all of silver, and carried by Alexander Lawder a Jurist, broke in two pieces, one part thereof falling in the grave where his body was to be laid, and that a voice was heard to cry, Tecum Gulielme mitra sepelienda, with thee the mitre and glory thereof is buried: 30. years he sat Bishop, and ended his course being very old in the year 1514. 27. The Canons assembling according to their custom to elect a Bishop in his place, the Earl of Huntley, a man of great power in the North, came upon them unexpected, desiring that Alexander Gordon his Cousin, than Chanter of Murray, might be chosen. The Canons not daring refuse, did all give their consents. In the mean time was one james Ogilvy presented thereto by the Duke of Albany, and at Rome Robert Forman Dean of Glasgow took a provision thereof from Pope Leo the tenth; yet both these did resign their titles afterwards at the Duke of Albany his persuasion, Ogilvy having received in recompense the Abbacy of Driburgh, and Forman yielding at the desire of Andrew Forman his brother, than Archbishop of S. Andrews, upon promise of the next place that should fall void. Thus after some month's delay, Gordon was received, and consecrated Bishop: but he enjoyed the place a short time, and was buried in the Cathedral Church of Aberdene. 28. Gawan Dumbar, Archdeacon of S. Andrews, and Master of the Rolls, a man of many excellent parts, was after him elected Bishop; he set himself to perfect all those works which Bishop Elphinston had begun, and were not as yet finished; especially the building of the Bridge upon Dey, with the houses that he had appointed for the several professions of Sciences in the College. The Executors of Bishop Elphinston he called to an account, and made them render the moneys left by him in legacy, adding thereto his own liberality, wherewith he accomplished all these works. He founded likewise an hospital for twelve poor men, and a Preceptor to attend them; and all the time he lived Bishop, which was 13. years, whatsoever profit or commodity he made by the Church, he bestowed wholly upon the poor, and such public works, without applying a farthing either to his own use, or the enriching of any of his kinsmen. He departed this life at S. Andrew's the ninth of March, 1531. 29. To him succeeded William Stewart son to the Laird of Minto, a man given to virtue, charitable to the poor, and ready to every good work; he built the Consistory house in old Aberdene, enlarged the territory of the College, and bestowed upon it a part of the rent it now possesseth; he built likewise the Library, with two schools, and founded therein four Chaplains; the office of the Chancellary in the State, conferred upon him by the King, An. 1160. he discharged with good credit, and dying at Aberdene in the month of April, in the year 1545. was buried in the Cathedral Church. 30. William Gordon, son to the Earl of Huntley, succeeded in the place. This man brought up in letters at Aberdene, followed his studies a long time in Paris, and returning thence, was first Parson of Clat, and afterwards promoved to the See; some hopes he gave at first of a virtuous man, but afterwards turned a very Epicure, spending all his time in drinking and whoring; he dilapidated the whole rents by fewing the lands, and converting the victual duties in money, a great part whereof he wasted upon his base children, and the whores their mothers; a man not worthy to be placed in this Catalogue; he died in the year 1577. The Bishops of MURRAY. This Bishopric was founded by King Malcolm the third, a worthy and religious King, The succession of Bishops in the Diocese of Murray. but who were the first Bishops in this See, I find not. The first that is named, is one William, who did consecrate Arnold Bishop of S. Andrews about the year, 1160. 2. To him succeeded Simon a Monk of the Abbey of Melrose, elected Bishop in the time of William King of Scots, who governed the See 13. years, he died in the year of our Lord 1184. and was buried at Birnay. 3. Richard, a Chaplain of King William, sit Bishop 19 years, and was buried in Spiny where he died. 4. Bricius Prior of Lesmahagow succeeded him, he continued Bishop 24. years, and was the first that founded the College of Canons; he died in the year of our Lord 1227. and was buried with his predecessor. 5. After him Andrew Dean of Murray, was consecrated Bishop; he founded the Cathedral Church of Elgin, and added ten Canons more to the College; he died in the year 1274 and was buried in the Choir of the Church, which he had founded towards the South. 6. Simon, Dean of the same Church, was preferred next unto this See, and lived Bishop 9 years only; he was buried in the Choir of Elgin. 7. Archebald, Dean of Murray, was after his death made Bishop, and sat 47. years; he built the Palace of Kinneddore, and departed this life in the year 1303. at Elgin, where his corpse was also interred. 8. David Murray after his death elected, was consecrated at Avignion, by Pope Boniface the eighth; he lived Bishop 27. years, and died in january 1330. 9 john Pilmore, who then stood elected to the Bishopric of Rosse, was by the provision of Pope john the 22. consecrated Bishop of Murray; he continued Bishop 27. years, and departed this life in the Castle of Spiny. 10 Alexander Bar Licenciator in the laws succeeded; he was consecrated by Pope Urban the fifth, and died in the Castle of Spiny the fifteenth of May, 1397. 11. William Spiny Chanter of Murray, and Doctor of the Canon law, was after his death consecrated Bishop by Pope Benedict the thirteenth, and lived Bishop nine years only; he died in the Chanory of Elgin the second of August, 1406. and was buried in the Choir of the Cathedral Church. 12. john Inns Parson of Duffus and Bachelor both in the Canon and Civil law, sat after him seven years, and died in the Chanory the fifteenth of April, 1414. 13. Henry Lichton Parson of Duffus, a Doctor in both Laws, after he had sat Bishop in this See 10. years, was translated to Aberdene. 14. Columba Dumbar succeeding, lived Bishop ten years, and departing this life in the Castle of Spiny, was buried in the Isle of S. Thomas the Martyr. 15. After him john Winchester Chaplain to King james the second, was preferred to the See, a man of good parts; he continued Bishop 13. years, and was buried in S. Marry Isle, within the Cathedral Church. 16. james Stewart Dean of Murray sat two years' Bishop. 17. To him succeeded David Stewart, his brother, Parson of Spiny, who governed the See 14. years, and was buried in S. Peter and S. Paul's Isle upon the South of the Cathedral Church. 18. After his death William Tulloch Bishop of Orkney, An. 1140. was translated to Murray, and lived five years only after his consecration. 19 Andrew Stewart Dean of Murray succeeded; he sat Bishop 19 years, and was buried in the Choir of the Cathedral Church. 20. Andrew Forman sat after him Bishop 15. years, and was then translated to S. Andrews. 21. Next after him james Hepburn governed the See 9 years, and was buried in our Lady Isle, nigh unto the Tomb of Alexander the first, Earl of Huntley. 22. Robert Shaw Abbot of Paisley, a man of great virtue, and exceedingly beloved, was next made Bishop; but he lived not above two years in the place. 23. Alexander Stewart, Brother german to the Duke of Albany, sat after him seven years, and was buried in the Monastery of Scone. 24. To him succeeded Patrick Hepburn, who was commendatory of Scone, in his time the reformation of Religion was made; he lived Bishop 36. years, and died in the Castle of Spiny the 20. of june, 1573. The Bishops of BRICHEN. In this See since it was founded by King David, Since the writing of this Catalogue, I have found four Bishops succeeding Edwardus one after another; Turpimis, Rodolphus, Hugo and Gregonus. But how long they sat Bishops, I cannot say. which was about the year 1140. there have been many worthy Bishops, yet most of them are buried in oblivion, these few that follow, I have gathered out of old Records. 1. Urwardus or Edwardus lived about the year 1260. a Monk at first at Couper in Angus, a man very zealous in his calling, for it is testified of him that he went on foot through the whole kingdom (with one Eustathius Abbot of Aberbrothock) preaching the Gospel wheresoever he came. 2. Albinus after him was Bishop some few years. 3. William Dean of Brichen elected successor, died at Rome in the year 1275. whilst he was attending, to have his election confirmed. 4. The fourth Bishop I find mentioned, is one john who governed the See in the year of God 1318. and got a new confirmation from King David Bruce, of all the lands possessions, and privileges enjoyed by his predecessors in former times, because of their rights lost in the time of the last war. This confirmation is dated in the year 1359. 5. To him succeeded Adam Chancellor of the Kingdom, but it seemed he sat few years. 6. Then Patrick who was his successor both in the Bishopric, and in the office of Chancellary in the year 1372. 7. Steven in the year 1384. 8. Walter, surnamed Forester in the year 1413. 9 john, who was likewise Chancellor, Anno 1434. In his time was the Church of Cortoguhy annexed to the Bishopric by Walter Palatine of Strathern Earl of Athol, Lord Brichen and Cortoguhy. 10. George Shoreswood succeeded him in both charges, anno 1483. In his time was the Church of Funeven made one of the Chapter. 11. Another called john, was made Bishop in the year 1483. 12. William Meldrum succeeded in the year 1500. 13. And after his death john Hepburn, Anno 1552. 14. To him succeeded ... Sinclare Dean of Restalrig, a little before the Reformation. The Bishops of DUMBLANE. The See of Dumblane was founded likewise by King David. The succession of the Bishops of Dumblane. 1. jonathus was the first Bishop, he died in the year 1200. or thereabout, and was buried at Inchaffray. 2. Simon, An. 1210. who succeeded him, lived not a year. 3. Abraham Chaplain to Gilbert Earl of Stratherne, was consecrated in the year 1210. This was the Earl who gave a third part of his lands to the See of Dumblane, and another third part to the Abbey of Inchaffray. 4. William called Gulielmus de Bosco was next preferred to the See, and shortly after created Chancellor. 5. Osbert, Abbot of Cambuskenneth succeeded, he died in the year 1231. 6. The sixth Bishop was Clemens, a Friar of the Dominican Order, consecrated in the stew Church of Weddal, in the year 1233. This man was an excellent Preacher, learned above many of that time, and of singular integrity of conversation; he gave divers lands and rents to the Church of Culross, and restored the Cathedral Church of Dumblane, which was decayed. Leander Bononiensis, in his third book De viris illustribus Praedicatorum, remembreth him with a special commendation. The like doth Philippus Wolphius in his third book De vitis peritorum virorum. He died in the year 1256. 7 Robert was after him elected. This is he who was sent with Richard Bishop of Dunkeld, by the rest of the Prelates in the year 1268. to protest against the proceedings of Ottobon the Pope's Legate for the contribution imposed by him upon the Scottish Clergy, towards the charge of the holy war. 8. Alpin after him governed the See some few years. 9 Then one Nicolaus was made Bishop, he gave the half of the Church of Strowan to the Abbey of Inchaffray. 10. After him succeeded Maurice Abbot of Inchaffray, a Prelate of great spirit, who gave great encouragement to his countrymen in that famous battle of Bonnockburn, and was therefore chosen by King Robert Bruce to be his Confessor after that battle: the See falling void, he was preferred to the same. 11. One William succeeded to him. 12. Then Walter Cambuslang in the year 1363. 13. And after him was Finlaw, commonly called Dermoch, who built the bridge of Dumblane, and died in the year 1419. 14. William Stephen, one of the first Professors in the University of S. Andrews, was after him preferred. 15. Upon his death Michael Ochiltrie succeeded, a wealthy Prelate, and well esteemed; he purchased to his See a great part of the forfeited lands of Stratherne, adorned the Cathedral Church with many rich ornaments, built the bridge of Knaig at Machant, with the Church of Muthill, and did in his time divers other good works. 16. After him succeeded Robert Lawder, who founded divers Prebendaries, and Chanonries in the Church of Dumblane. 17. john Hepburn succeeded in the year 1471. This Bishop had a long contention with the Abbot of Inchaffray for certain Churches claimed by the Abbot, but the matter was afterwards pacified. He died in the year 1508. and was buried in the Choir of the Cathedral Church. 18. james Chisholme obtained the Bishopric after his death by the Pope's provision, and carried himself in his charge very commendably; a severe censor he was of the corrupt manners of the Clergy, and recovered many lands and possessions, which were sacrilegiously taken from the Church before his time. He died in the year 1534. 19 To whom succeeded William Chisholme his brother, a wicked and vicious man, who for hatred he bore to true religion made away all the lands of the Bishopric, and utterly spoilt the benefice. The Bishops of Ross. 1. This See was also one of King David's foundations, The succession of the Bishops of Rosse. the first Bishop I find was one Gregorins. 2. Reynaldus a member of Melross, An. 1066. who died in the year 1213. 3. Andrew Murray was chosen in his place, but he shortly after resigned the same to 4. Robert, Chaplain to Alexander the second. 5. After him one Matthew was elected and consecrated by Pope Gregory the tenth at Viterbium, in the year 1274. Then succeed these in order. 6. Thomas Dundie. 7. Roger. 8. Alexander. 9 Thomas Urwhart. 10. Alexander Kilbuines. 11. William Bullock. 12. Thomas Tullich. 13. Henry Cokborne. 14. james Woodman. 15. Thomas Hay. 16. john Guthrye. 17. john Fraser. 18. Robert Cokburn. 19 William Elphinstone, who was afterwards Bishop of Aberdene. 20. james Hay. 21. Robert Carncrosse Abbot of Halirudhouse, a man of great wealth, and preferred by King james the fifth to this See about the 1534. year, and lived ten years' Bishop. 22. David Panter, Secretary to the Governor, was after his death elected in the year 1544. and immediately after employed in a legation to France, where he remained seven years. At his return he was solemnly consecrated, the Governor and many of the Nobility being present. He was a man learned, and of great experience in public affairs, and died about the year 1550. 23. To him succeeded Henry Sinclar, Dean of Glasgow, and Vicepresident in the College of Justice, a man of singular wisdom and learning, especially in the laws; which place he discharged with good credit. By his advice many things were bettered in the form of Justice, and divers abuses in the forms of process amended; his death fell out shortly after the Reformation, and in his place Mr. john Lesley, (of whom we shall have often occasion to speak) was preferred. The Bishops of CATHNES. 1. This Bishopric was founded by Malcolm the third, The succession of the Bishops of Cathnes. about the year 1066. who preferred thereto one Darrus, whom he favoured greatly. This man lived long, and in a good reputation, and after his death was honoured for a Saint. 2. There succeeded to him one Andrew, of whom Roger Hoveden makes mention, saying, that he came into England with William King of Scots in the year 1176. and shortly after his return home departed this life. 3. To him succeeded john, the Bishop that Harold the Earl of Orkney and Cathnes used most cruelly, cutting forth his tongue, and pulling out his eyes; which King William (in whose reign it happened) punished exemplarly, for he caused the Earl his eyes first to be pulled out, then made him to be executed by the hands of the hangman, and all his male children to be gelded, to extinguish their succession. 4. Adam another Bishop, whether his immediate successor or not, I cannot say, was no less barbarously used; for in the year 1222. or much thereabout, some wicked people suborned by the Earl of Cathnes assailed him being private at home, and killing his chamber boy, with a Monk of Melross, that did ordinarily attend him (for he had been Abbot of that Monastery) drew him by force into his kitchen, and when they had scourged him with rods, set the kitchen on fire, and burned him, therein. King Alexander the second was at that time upon his journey towards England, and upon notice of this cruel fact, turned back and went in haste to Cathnes, where he put the offenders and their partakers to trial: 400. by public sentence were executed, An. 1245. and all their male children gelded, that no succession should spring from so wicked a seed. The place where their stones were cast in a heap together, is to this day known by the name of the Stony hill. The Earl for withholding his help, and because he did not rescue the Bishop, was forfeited. And howbeit after some little time he found means to be restored, yet did he not escape the judgement of God, being murdered by some of his own servants who conspired to kill him; and to conceal the fact, set the house on fire, and burned his body therein: so was he paid home in the same measure he had used the Bishop. 5. To this Adam succeeded Gilbert the Cannon surnamed Murray, and son to the Lord of Duffus, who was in great esteem for the bold and courageous answer he made to the Pope's Legate at Northampton; he built the Cathedral Church of Cathnes upon his own charges, and lived to see the same finished, and shortly after the dedication died at Scravister in the year 1245. the posteri gave him the reputation of a Saint. 6. William, who succeeded, followed his steps, and did much good in his time, he died in the year 1261. 7. Then Walter Doctor in the Canon law, who lived ten years, and ended his days in the year 1271. 8. Archibald, a man much commended for his meek and tractable disposition, succeeding, died in the year 1288. 9 Andrew a man skilled in the laws, was preferred after his death, and lived Bishop 13. years. 10. Ferquhard succeeded to him; this Bishop was a strong defender of the liberties of the Church, and died in the year 1328. 11. David that followed lived 20. years' Bishop and departed this life, an. 1348. 12. Thomas Fingask was next Bishop, he died in the Chanonry of Elgin, anno 1360. and lieth buried in S. Mary's Isle in a Tomb erected by William Earl of Sutherland, whom he left his Executor. 13. To him succeeded Bishop Alexander, who lived many years in that See, and died in the year 1409. Then these in order. 14. Malcolm, a zealous and devout man, who died anno 1421. 15. Robert Strackbock died anno 1440. 16. john Inns Dean of Rosse, in the year 1448. 17. William Mudie died anno 1460. 18. After whom one Prosper was elected, but he resigned the place in favours of john Sinclar, son to the Earl of Cathnes, who was never consecrated, and so the See remained void the space of 24. years; during which time Mr. Adam Gordon governed the affairs of that See. After Sinclars' death succeeded Andrew Stewart Commendatory of Kelso and Ferne, he died in the year 1517. and was buried in the Cathedral Church of Cathnes. Andrew Stewart son to the Earl of Athol was preferred after him, and died in the year 1542. Then Robert Stewart brother to Matthew Earl of Lenox was made Bishop, he was afterwards made Prior of S. Andrews, and created Earl of March, upon his resignation of the Earldom of Lenox to Duke Esme: a man of noble disposition, but much addicted to his servants, whom he rewarded with dilapidation of the Church rends, whereto he was provided; he died at S. Andrews very old in the year 1586. The Bishops of ORKNEY. The Islands of Orkney lying over against Cathnes, The Bishops of Orkney. have always since they were made Christians, been governed by Bishops, but being possessed by the ... whilst that Kingdom stood, and for a long time in the hands of the Norvegians, from whom Alexander the third King of Scots recovered the same by composition. The first Bishops and their successors are utterly unknown, An. 1137. of the latter I have no intelligence, nor in the records that remain is there any mention of them, only I read of four or five that sat in this See before the Reformation. 1. One William that lived in the time of King Robert the third. 2. William Tullock, who was translated to Murray in the reign of King james the third. 3. To whom succeeded one Andrew. 4. After Andrew, Edward. 5. And after Edward Robert Reid, a man of excellent wit and great experience, employed in divers legations, and selected amongst others by the Estates to assist the marriage of Queen Mary with the Dauphin of France; he died in his return at Deep much regretted, for he was a man of great integrity, and careful in the administration of Justice. The Bishops of GLASGOW. This City at first was made famous by Kentigern, The succession of the Bishops of Glasgow. commonly called Saint Mungho, who is esteemed the first Bishop thereof. I spoke of him before, and showed how he was begotten by Eugenius the third upon Thametis daughter to the King of Picts; his mother finding herself with child, out of shame and fear of her father's wrath, stole privately away, and entering into a little vessel that she found at the nearest coast, was by the wind and waves cast on land, where the town of Culross is now situated; there was delivered of her birth, and leaving the child with a nurse, returned home: his Parents being unknown, he was brought to Servanus, and baptised and bred up by him; yet it ●●ems by the hymn, they did ordinarily sing in the Festivals, that his Father came afterwards to be known, for thus it begins. ... They report of him, that a Lady of good place in the country having lost a ring, which her husband gave her, as she crossed the river of Cluyd, and her husband waxing jealous, as if she had bestowed the same upon one of her lovers, she did mean herself unto him, entreating his help for the safety of her honour; and that he going to the river after he had used his devotion willed one who was making to fish, to bring him the first that he caught; which was done; in the mouth of that fish he found the ring, and sending it to the Lady, she was thereby freed of her husband's suspicion. The credit of this I believe upon the reporters; but howsoever it be, the See and City do both of them wear in their Arms a fish with a ring in the mouth even to this day. He was certainly a man of rare piety, and to the poor exceeding bountiful, lived to a great age, beyond the ordinary course of men, as in the conclusion of the hymn is said. Cum octogenos centum quoque quinque vir annos Complerat, sanctus est Glasgow funere functus. After his death for many ages the See was in a manner desolate unto the reign of Malcolm the third, who restored the same to some integrity. The first Bishop I find named after the restitution was 1. john Achaean, who took great pains in building the Cathedral, and having brought it to a reasonable perfection, did dedicate the same in the year 1137. King David being there in person, and bestowing upon the See the lands of Patrick, which the Bishops do yet enjoy. It was in his time that Thurstan Archbishop of York, encroaching upon his jurisdiction, (which at that time comprehended the country of Cumberland) placed a new Bishop at Carlisle, by the instigation of Henry King of England; This the Bishop took so heavily, as when he perceived his complaints not much regarded, he forsook his charge, and went into France, enclosing himself in the Monastery of Tours, where he abode until the Pope at the request of King Malcolm the fourth, compelled him to return: after which time he lived not long, for he died at Glasgow in the year 1146. the twenty eighth of May. 2. To him succeeded another called john, An. 1207. who was greatly favoured by King Alexander the first, and did counsel Eadmerus, because of the King's dislike, to leave S. Andrews, and return unto England. 3. Herbert was his successor, and in his time the controversy with York was great, for the superiority claimed by one Roger Archbishop of York over the Bishops of Scotland. This contention drew Angelramus Archdeacon of Glasgow, and Chancellor of the Kingdom for the time, to travel unto Rome, as was touched before; and Herbert dying whilst he was there, 4. Angelramus by an uniform consent of the Clergy and Laity was elected in his place, and upon notice given of the election, consecrated by Pope Alexander at Rome, from whom he obtained an exemption to the Church of Scotland from the jurisdiction of the English and all others, the Apostolic See only excepted; Shortly after his return he died. 5. jocelin Abbot of Melrosse was his successor; in his time the City of Glasgow was erected into a Burgh Royal; he died at Melrosse, and was interred in that Monastery. 6. Eugenius was chosen after his death, but how long he lived, I read not. 7. Hugo Chancellor of the Kingdom succeeded, and lived but a few years. 8. After him William Malvoisin a French man was elected, and consecrated in France by the Pope's direction; he was afterward translated to S. Andrews, and preferred to the office of Chancellary. 9 Florentius, son to the Count of Holland, was assumed in his place, and shortly after upon licence obtained of the Pope, he resigned the office, and died at Rome in the year 1207. 10. And then Walter Chaplain to King William, was consecrated Bishop; he lived in the place 27. years. 11. William Babington Chancellor of the Kingdom, was after his death elected Bishop. In his time, as Both writeth, the fabric of the Church of Glasgow was fully accomplished; his words are, Absolutum est ea tempestate templum Cathedrale Glasguense, sedes profectò magnifica, cujus haud exiguam partem Gulielmus ibidem Episcopus liberalitate sua extruxerat, nec diu operi perfecto superfuit. He died the 25. of january 1261. 12. The Canons' meeting to choose a successor, condescended upon Nicole Moffet Archdeacon of Teviot-dale, yet shortly after forthinking their election, they procured the same to be cassed at Rome, whither he was gone to obtain Confirmation. Thereupon john de Chyan an English man was by the Pope provided to the See, whom King Alexander the third admitted with great difficulty. This man is said to have been learned, but very troublesome to the Canons, upon whom he laid grievous impositions. The discord betwixt him and them waxing hot, he left the country, and going to France, died there in the year 1268. 13. Nicole Moffet Archdeacon of Teviot-dale was upon his death provided to the See, notwithstanding the opposition of the Canons, but he lived a short time, and died at Tannigham of the Apoplexy. He was no less hated of his Clergy, whom he is said to vex with many injuries. 14. William Wishart Archdeacon of S. Andrews, and Chancellor of the Kingdom, was chosen of the Canons in the year 1270. but S. Andrews falling void by the death of Gamelinus, before his consecration he was postulated thereto, and so returned to S. Andrews. 15. Robert Wishart Archdeacon of Lothian, and Cousin to the said William, was upon his change by the King's recommendation admitted to the place. This is he who made that reply to King Edward, in the consultation held at Norham for the right of the Crown, whereof we spoke in the life of William Fraser Bishop of S. Andrews; a worthy man, and a great lover of his country, for which he suffered much trouble, being made prisoner and sent unto London, where he was kept some years; afterwards obtaining liberty, he returned to his See, and therein performed many good works: he died the 26. of November, 1316. and was buried in the Church of Glasgow betwixt the altars of S. Peter and S. Andrew. 16. john Lindesay succeeded, An. 1325. a man given much to the adorning of his Church; he died the ninth of April 1325. and was buried in the Cathedral, nigh to the Altar of the Blessed Virgin. 17. Mr. Stephen Dundy was the same year elected Bishop, and going to Rome to be confirmed, died by the way, not without suspicion of poison given him at a feast made by the Friar's predicant of Glasgow. 18. In his place was chosen john Wishart, who in his return from Rome was taken prisoner by the English, and died some few days after. 19 William Rae, a good and zealous man, was after him chosen by the consent of the whole Chapter; he redeemed the possessions of the Church which his predecessors had alienated, built the stone bridge at Glasgow, and having done many good works, died in the year 1367. 20. After his death Walter Wardlaw succeeded; Pope Urban the sixth did prefer him to be Cardinal in the year 1384. and in the third year after he died. 21. Then was Mr. Matthew Glendouning provided to the place. In his time the steeple which was all built of timber, was burnt by lightning, in place whereof he intended to build one of stone, and made therefore great preparation, but was prevented by death in the year 1408. 22. His successor William Lawder finished the work; he was Chancellor of Scotland, and without the Chapters election provided by the Pope of mere authority, which was never done in that See before. 23. After him john Cameron was Bishop, a man given to violence and oppression, who committing many deeds full of cruelty and covetousness, especially upon his own Tenants and Vassals, made (as the fame goeth) a fearful and unhappy end; for in the year 1446. the night before Christmas day, as he lay asleep in his house of Lockwood some seven miles from the City of Glasgow, he seemed to hear a voice summoning him to appear before the tribunal of Christ, and give an account of his doings. Thereupon he awaked; and being greatly terrified, did call his servants to bring lights and sit by him, he himself took a book in his hand, and began to read; but the voice being again heard, struck all the servants with amazement. The same voice calling the third time far louder, and more fearfully, the Bishop after a heavy groan, was found dead in the bed, his tongue hanging out of his mouth. This reported by Buchannan almost in the same words, I thought good to remember as a notable example of God's judgement against the crying sin of oppression. 24. To Cameron succeeded james Bruce, who was translated from Dunkeld to this See in the year 1446. and preferred to be Chancellor of the Kingdom. 25. After him Mr. William Turnbull (others called him David) was chosen Bishop, he founded the College of Glasgow. 26. Upon his death Andrew Moorehead was elected. The hospital near the Castle was his foundation. 27. To Moorehead succeeded john Lang, who was Chancellor of Scotland. 28. He dying, Mr. George Carmighal was promoved, but not consecrated; for he died going to Rome for Confirmation. 29. Robert Blacader Bishop of Aberdene, was after his death translated to this See. In his time was the See of Glasgow erected into an Archbishopric, for which arose a great contention betwixt Shevez Archbishop of S. Andrew's, and him; which was after some treaty pacified, and Galloway, Argyle, and Isles appointed Suffragans to Glasgow. He lived until the year 1500. at what time taking his journey toward jerusalem, he departed this life in the way thither 30. Mr. james Beaton upon his death was preferred, and sat Bishop twenty two years, thereafter he was translated to S. Andrew's, of whom you may there read. 31. Mr. Gawan Dumbar tutor to the King upon his translation was promoved, a good and learned man; An. 631. he was afterwards made Chancellor of the Kingdom, and administered the office with good commendation. 32. Mr. james Beaton succeeded after his death, in whose time the Reformation fell forth, and of him we shall have occasion afterwards to speak. The Bishops of GALLOWAY. 1. S●. Ninnian had his chief abode in the country of Galloway, The Bishops of Galloway. and built there a Church all of white stone, which was therefore called Candida casa, and to this day in the country language Whitherne, as you would say, a white house; he is accounted the first Bishop of this See. 2. In the year 631. one Plechelmus (Beda calleth him Pectelmus) was here Bishop. 3. Frithwoldus succeeded to him, and died in the year 768. 4. After him Pethumus, who deceased anno 778. 5. Then Ethelbert. 6. And after him Baldulphus. Further mention I find not of any Bishop in this See in those first times; and it seems it hath been quite decayed, before Malcolm the third restored the same. In the latter times, I read only of these following. 7. john Bishop of Galloway, who resigned his charge, and became a Monk in the Abbey of Halirudhouse. 8. Thomas Spence translated from Galloway to Aberdene in the year 1458. 9 David, who was also Dean of the King's Chapel. 10. Alexander. 11. Henry. 12. George. 13. And Bishop ... Gordon, who lived at the Reformation, and embraced the truth. The Bishops of ARGYLE. This Bishopric was part of the Diocese of Dunkeld, The Bishops of Argyle. until john Scot Bishop thereof obtained of Pope Clement the third a division of the Bishopric, as you may read in the Catalogue of the Bishops of Dunkeld. 1. Then was Evaldus or Harold his Chaplain consecrated Bishop, and the seat appointed to be at Lismore within the country of Argyle, whence the Bishop of this See is styled Lismorensis Episcopus; this erection was made in the year 1200. 2. To Harold succeeded William, who perished by a tempest at Sea, in the year 1240. 3. And to him another of the same name. 4. Then David who was Bishop in the year 1330. 5. In the year 1425. one Finlaw Bishop of Argyle, Vir ordinis Dominicani, as Buchannan saith, upon the apprehension of Duke Murdach, joined with the Duke's youngest son against King james the first, and fled with him into Ireland. The King complaining of him to Pope Martin the fifth, he gave Commission to the Bishops of S. Andrew's and Dumblane to call him before them, and finding him guilty, to depose him from the place; but he in the mean time died in Ireland. 6. So by the provision George Laird of Balcomie in Fife, was preferred to the See; how long he lived Bishop, and who succeeded since his time, I have not learned. The Bishops of the ISLES. An. 1289. Of the Bishops of the Isles I have less to say, The Bishops of the Isles. only that the Isle of Man was at first the Cathedral seat, as by occasion we touched before; and that by the invasions of the Norvegians and English, the same was translated unto Ilcolmkill. In Man, Amphibalus was the first Bishop. I read of one Machilla likewise that was there Bishop, and confirmed the holy Brigida in her purpose of single life. After the translation of the seat to Ilcolmkill, I find only one Onacus mentioned about the year 1289. who is reported to have been a good and godly man; with another called Mauricius, whom King Edward the first of England sent prisoner to London. And thus far of the succession of Bishops unto the time of the Reformation. THE HISTORY of the CHURCH OF SCOTLAND. THE THIRD BOOK. The Contents. The History of the Reformation of the Church; and how it was wrought. THE Petitions put up to Queen Regent for reformation of the Church taking no effect, The Nobles and Barons resolve upon a Reformation. some Noblemen and Barons joining in Council, did bind themselves by outhes and subscriptions to assist one another; and hazard their lives and substance in advancing the cause of Religion. The principals were Archibald Earl of Argyle, Alexander Earl of Glencarne, James Earl of Morton, Archibald Lord of Lorne, An. 1558. Sir james sandeland's of Calder, john Erskin of Dun, and William Maitland of Lethington younger. They meeting together after deliberation what should be fittest first to do, concluded, That in all Parishes the Curates should be caused read the Prayers and Lessons of the Old and New Testament on Sundays and other Festival days, An act for public service. according to the form set forth in the Book of Common Prayers; and if they should refuse, that the most qualified in every Parish should do the same. But for preaching and interpretation of Scripture, History of the Church. the same should be used only in private houses after a quiet manner, till God should move the Queen to grant further liberty. This accordingly was performed in the parts where they had Commandment, The Clergy complaining to Queen Regent. and by their example in divers Towns and Parishes of the country the like was done, to the great offence of the Clergy, who complaining of that boldness to the Queen Regent were answered, that it was no fit time to enter into those matters, and that she should find occasion ere it were long to put order unto them. But the Clergy fearing delays did forthwith call a Provincial Council at Edinburgh; where professing to make reformation of abuses, they renewed some old Popish constitutions, which they made to be imprinted and affixed upon the doors of all the Parish Churches. The Bishop of S. Andrew's advertised of the Reformation begun in Argyle sent to the Earl, The Bishop of S. Andrew's letter to the Earl of Argyle. Sir David Hamilton his Cousin, with a letter, wherein after he had showed the peril in which he did cast both himself and his house by that open defection from the Church, he desired him in some honest fashion to rid himself of that defamed and perjured Apostate, who had seduced him: (This was one Mr. john Douglas, whom the Earl had taken to be his Minister) offering to provide him of a learned and wise Preacher, for whom he would lay his soul in pawn, that he should teach no other but true doctrine, and agreeable to the Catholic faith. The Earl of Argyle his answer. The Earl answered, That for peril he feared none either to himself or to his house, having resolved to live in obedience to his Prince, and to serve God as well as he could according to his written word: and for the defection alleged; seeing it had pleased God to open his eyes and give him the knowledge of his truth, which he took for a great argument of his favour, he would not relinquish or forsake it for fear of any inconveniences. As to the man he wrote of, he said that he heard him teach the doctrine of Christ, condemn idolatry, adultery, fornication, and such like wickedness, and that he should make him give an account thereof whensoever he should be cited. But to call him defamed and perjured there was no reason, seeing he was not declared to be such by any sentence; and if he had in former times made any unlawful oath, he had done much better in violating the same, then if he had observed it. Further, whereas he made offer to provide him of some learned man, he gave him thanks, considering the necessity there was of labourers in the Lord's harvest; but he understood what his meaning in that was, and minded not to be led with any such teachers. In end he wished him not to begin the battle with him, whereof the event would be doubtful; for as to himself he knew God was God, and should be God still, whatsoever man's craft could work or devise. The Bishop receiving this answer did communicate the same with the chief of the Clergy, The feast of S. Giles. who thereby conceiving that there was some business in hand, began to think of other defences; And the feast day of S. Giles, or Sanctus Egidius, falling out about that time to be kept at Edinburgh, they entreated Queen Regent to honour the solemnity with her presence. The custom was in that time of the year to carry the image of the Saint in procession through the town, (for they had S. Giles to their Patron) with Drums, Trumpets, and all sort of musical instruments; neither was there any day kept more superstitiously than this. The Queen agreed the rather to accompany the procession, for that some cumult was feared, which she thought her presence would repress. But when the time of the solemnity was come the Saint was missing, for some had stolen the image out of the place where it was kept. The procession disturbed by a tumul●● This made a stay, till another little image was borrowed from the Grey Friars; which the vulgar in mockery called young Saint Giles. Herewith they set forward, the Regent accompanying the people, till the procession was nigh ended; then withdrawing herself to the lodging where she was to dine, she was no sooner gone, than some youths provided for the purpose, drawing near unto the Fertor, and making a show to carry it upon their shoulders, after they had walked some few paces, and perceived by the motion they made, the image was fixed to the Fertor, they threw all to the ground; and taking the image by the heels, dashed the same against the stones, so as head and hands were beaten off, and the idol wholly defaced. The people hereupon fell a crying, the Priests and Churchmen betook them to flight, and a great stir was in the streets. Some hours the Fray continued, and being in end settled by the authority of the Magistrates, the whole Clergy that were in town assembled themselves; and making the best countenance they could, indicted a solemn meeting in the beginning of November next. To this diet Paul Methven was summoned, 〈…〉. and not appearing, was discerned for his contumacy to be banished the Realm; a prohibition likewise was given to all the subjects, that none of them should entertain or receive them in their houses. Notthelesse the town of Dundy where he abode, forbore not to hear his Sermons, and minister unto him all necessities. Mean while they who had combined for working a Reformation, did send into all parts of the Realm to solicit persons to join in that cause, and purchase the subscriptions of those that were willing, unto a bond which was framed to that effect. Some moved with a zeal to Religion, others out of a desire to change, and the greatest part longing to be relieved of the oppressions of the Churchmen, were easily moved to consent. So when they understood by the return of the subscriptions, that the country for the most part was inclined that way, and that in force and power they were nothing inferior to their adversaries, they resolved to begin and make an end of the work; yet lest they should seem to contemn authority, they concluded to present a supplication to the Queen Regent and Council, Supplication to Queen Regent for 〈◊〉 to whom the redress of all enormities both Ecclesiastical and Civil did orderly belong; (these were the words of the Supplication:) and to this effect made choice of Sir james sandeland's of Calder, an honourable Baron, and of great account, to present the Petitions following. 1. That their Ministers might be permitted in conceiving of public prayers, and the administration of the Sacraments to use the vulgar language understood by the people. 2. Petitions for reformation. That the Sacrament of the Supper might be ministered in both kinds according to our Saviour's institution. 3. That the election of Ministers should be according to the manner used in the primitive Church, that those who had the charge of election should inquire diligently of the life and doctrine of such as were admitted. 4. That seeing by corruption of time, ignorant and scandalous persons had been promoved to Ecclesiastical offices, they should after trial be discharged, and other more sufficient put in their places. These Petitions were no way pleasing to the Queen Regent, The Queen's answer. yet because the Parliament was approaching, wherein the matrimonial Crown and naturalisation of the French were to be passed, she thought best to keep them in hope, saying, That all they could lawfully desire, should be granted unto them; mean while they were licenciated to use their prayers and service in the vulgar language, providing they did keep no public assemblies in Edinburgh, or Leth, for eschewing of tumults. The Prelates having notice of this were highly incensed, and when their consent was required (for the same Petitions were presented to them) carrying themselves more imperiously than before, answered, that they would not depart a jot from the decrees of Trent. A dispute offered by the Clergy, and accepted by the Congregation. Afterwards being a little calmed, they made offer to commit the cause to dispute, which by those of the Congregation, (this was the title given commonly to the Reformers) was accepted, upon two conditions; one, that the controversies in Religion might be decided by the Scripture; the other condition was, that such of their brethren as were exiled or condemned, might assist the dispute, and have safe conduct given them to that effect. But both the conditions were denied; for neither would they admit any other Judge but the Canon Law and Council; nor would they dispense with any sentence by them pronounced. Some of them that affected quietness propounded other conditions of reconcilement; Ridiculous conditions offered to the Petitioners. That if the Congregation would suffer the Mass to be held in the wont reverence, if they would acknowledge Purgatory, confess the invocation of Saints, and admit prayers for the dead, they should be allowed to pray and administrate the Sacraments in a known language. But those conditions were held so ridiculous and absurd, as they were not vouchsafed any answer. Soon after this the Parliament being assembled, Articles presented by the Congregation to the Parliament. the Articles following were prepresented to Queen Regent. 1. That in regard the controversies in Religion, which had a long time continued betwixt the Protestants in Germany, and the Roman Church, were not as yet decided by a lawful general Council, and that they themselves upon the same grounds could not any longer communicate with Papists in their idolatrous religion; The humble desire of the Congregation was, that all such acts of Parliament, as warranted Churchmen to proceed against heretics, might be abrogated, or at least suspended, till in a lawful general Council the controversies depending were determined. 2. And lest it should hereby seem that they desired a liberty to profess what they pleased, they humbly required that all such might be led before the temporal Judge, the Prelates and their officers being only permitted to accuse; with this proviso, that an authentic Copy of the accusation should be delivered to the person accused, and a competent term assigned him to answer. 3. That all lawful defences should be received from persons accused of heresy, and they allowed to accept against the witnesses according to law. 4. That the party accused should have liberty to expone his own mind, and that his Declaration might carry more faith than the deposition of whatsoever witnesses, forasmuch as no person ought to suffer for Religion, who is not known to be obstinate in his wicked opinions. 5. That none of their profession should be condemned for heresy, unless they were first convinced by the word of God, to have erred from the faith which the holy Spirit witnesseth to be necessary to salvation. The Queen receiving the Articles answered in effect as before, That it was not safe for her to utter her mind at that time; Queen Regent stayeth the presenting of the Articles. which if she should do, the spiritual Estate would not fail to oppose her in all business. But how soon the public matters were passed, they should know what a good mind she bore unto them. Howbeit this answer did no way content the wiser sort, yet knowing that the Articles would not pass in an Act, if she should disassent, they resolved to surcease from presenting them to the Estates, only desired they might be permitted to make a Protestation, which they did in this sort. It is not unknown to this honourable Parliament, The Protestation made by those that desired Reformation. what controversy is of late arisen betwixt those that will be called Prelates and Rulers of the Church, and a great number of us the Nobility and Commonalty of this Realm, for the true worshipping of God, the duty of Ministers, and the right administration of the holy Sacraments. And how we have complained to the Queen Regent, that our consciences are burdened with unprofitable ceremonies, and we compelled to endure many idolatrous abuses; that such as take upon them offices Ecclesiastical, do perform no part of the duty which is required of true Ministers, and that we and our brethren are most injustly oppressed by their usurped authority. As also we suppose it to be sufficiently known to your Honours, that we were of mind this present Parliament to seek redress of these enormities, but considering the troubles of the time do not suffer such a reformation, as we by the warrant of God's word do require, we are enforced to delay that which of all things most earnestly we desire; and yet lest our silence should give our adversaries occasion to think that we repent us of our former intentions, we cannot cease to protest for remedy against that injust Tyranny, which heretofore patiently we have sustained. Therefore first we protest, that seeing we cannot obtain just reformation according to God's word, that it may be lawful to us to use ourselves in matters of religion and conscience, as we must answer unto God, until such time as our adversaries be able to prove themselves the true Ministers of Christ's Church, and purge themselves of such crimes as we have already laid to their charge, offering ourselves to prove the same, whensoever the sacred Authority shall please to give us audience. Secondly, we protest, that neither we, nor any other of the godly that please to join with us in the true faith, which is grounded upon the word of God, shall incur any danger of life or lands, or other political pains, for not observing such acts as have passed heretofore in favour of our adversaries, or for violating such rites as have been invented by man without the Commandment of God. We thirdly protest, that if any tumult or uproar shall arise amongst the members of the Realm for the diversity of religion, and if it shall chance that abuses be violently reform, the crime be not imputed to us, who now do most humbly seek that all things may be reform by order. But that whatsoever inconvenience shall happen to ensue for lack of timely redress, the same may be imputed to those that will not as now hearken to our petitions for reformation. And last we protest, that these our requests proceeding from conscience do tend to no other end, but only to the reformation of abuses in religion; most humbly beseeching the sacred Authority to think of us as faithful and obedient subjects, and take us in their protection, keeping that indifferency which becometh Gods Lieutenants to use towards those that in his name do call for defence against cruel oppressors and bloodthirsty tyrants. These protestations made in face of Parliament, The Protestation refused to be inserted in the records. were desired to be insert in the books of public records; but Queen Regent answering that she should remember what was protested, and put a good end to all things, the desire was rejected. Yet how soon the Parliament broke up, The Queen's countenance changed towards the Congregation. and all matters in it went to her contentment, it was observed that her countenance was quite altered upon those that favoured the Reformation, and often she was heard say, That being now freed of the vexations which most troubled her mind, she would labour to restore the authority by some notable example to that reverend esteem, which in the late times it had lost: whereby divers did apprehend that a tempest was breeding, albeit the same did not break forth until the next spring; At which time taking up the names of all the Ministers in the country, she caused summon them to appear at Striveling the tenth of May. Hereupon the Earl of Glencarn, An. 1559. and Sir Hugh Cambel Sheriff of Air, were sent to inquire the reason of that citation, and to entreat her not to molest the Ministers, unless they could be charged with preaching false doctrine, Ministers cited to appear at Striveling. or behaving themselves disorderly. The Queen in passion replied, That maugre their hearts, and all that would take part with them, these Ministers should be banished Scotland, though they preached as sound as ever. S. Paul did. The Noblemen marveling what should move her to such passion, Commissions directed to the Queen. besought her in humble manner to think of the promises she had made to them from time to time. Hereat growing into a greater choler she said, That the promises of Princes should be no further strained, than it seemed to them convenient to perform. Then said they, if this be the conclusion which you have taken, that you will keep no promises to the Subjects, we cannot any longer acknowledge your authority, and will henceforth renounce all obedience to you; what inconveniences may arise of this, you may bethink yourself. This unexpected answer calming the Queen a little, after a few more words, she said, that she would think how to remedy these evils in the best and most quiet sort. The same day at night advertisement was brought to the Queen of the reformation begun in the town of Perth, Reformation begun at Perth. wherewith she was much disturbed, and calling the Lord Ruthven, commanded him to go and suppress these novations: he answering, That he should make their bodies and goods subject, but had no power over their minds and consciences, she was so commoved, that she avowed to make both him and them repent what they had done. The Diet appointed for the appearing of the Ministers at Striveling drawing nigh, the Professors in all parts of the country prepared to accompany them. In the parts of Angus and Mernis such was the zeal of people, as none would stay at home, all professing to go and yield confession of their faith with their Ministers. The Queen advertised of this concourse of people from all parts, The Queen Regent dealeth with the Lord of Dun to stay the contentions of people. employed john Areskin of Dun to cause them return home, promising that the Diet should desert, and nothing to be done to the prejudice of the Ministers. This he signified by letters to the principals of the Congregation, advising them to dismiss the multitude. But they suspecting (as it also came to pass) that some advantage should be taken of the Ministers not appearing at the day, resolved to make the Commons return to their houses. The Barons and Gentlemen staying at Perth in the mean while with the Preachers, when the day appointed came, notwithstanding of the promises made, the Preachers not appearing, were denounced Rebels. The Laird of Dun offending herewith, departed from Court, and coming to Perth excused himself of the advice he had given, declaring that they were not to expect any favour, and that they should do wisely to provide against the worst. Whilst these things passed, john Knox joineth with the Congregation at Perth. john Knox returned from Geneva unto Scotland, and joining with the Congregation, did preach to them at Perth. In his Sermon he took occasion to speak against the adoration of Images, showed that the same tended to God his dishonour, and that such Idols and monuments of superstition, as were erected in Churches, aught to be pulled down, as being offensive to good and godly people. The Sermon ended and the better sort gone to dinner, a Priest rather to try men's affections, than out of any devotion, prepared to say Mass, opening a great case, wherein was the history of divers Saints exquisitely carved. A young boy that stood by saying, that such boldness was unsufferable, the Priest gave him a blow. The boy in anger casting a stone at the Priest, happened to break one of the pictures: whereupon stir was presently raised, some of the common sort falling upon the Priest, others running to the Altar and breaking the images, so as in a moment all was pulled down in the Church that carried any mark of idolatry. The Monasteries demolished at Perth. The people upon the noise there of assembled in great numbers, and invading the Cloisters, made spoil of all they found therein. The Franciscans had store of provision both of victuals and householdstuff: amongst the Dominicans the like wealth was not found, yet so much there was, as might show the profession they made of poverty to be feigned and counterfeit. The Carthusians, who passed both these in wealth, were used in like manner, yet was the Prior permitted to take with him what he might carry of gold and silver plate. All the spoil was given to the poor, the rich sort forbearing to meddle with any part thereof. But that which was most admitted, was the speed they made in demolishing these edifices. For the Charterhouse (a building of exceeding cost and largeness) was not only ruined, but the stones and timber so quickly taken away, as in less than two day's space a vestige thereof was scarce remaining to be seen. The Images pulled down at Couper in Fise. They of Cowper in Fife hearing what was done at Perth, went in like manner to their Church, and defaced all the Images, Altars and other instruments of idolatry; which the Curate took so heavily, as the night following he put violent hands in himself. The report of these things being brought to Queen Regent, she was greatly incensed, Queen Regent intendeth to surprise Perth. especially against those of Perth, and presently dispatched letters to the Duke of Chattellerault (the Lord Hamilton was so styled) and to the Earls of Argile and Athol, desiring them to come to her with diligence. The French garrison were likewise called, her purpose being to surprise the town at unawares. But they within the Town receiving advertisement of her preparation, sent messengers to all the parts of the kingdom for aid and assistance. Many came to their succours from Angus, The Earl of Glencarne cometh to assist the town. Mernis, Fife, and the adjacent Shires: some also from Lothian. But the celerity which Alexander Earl of Glencarn used, was most admired; for he upon warning given him of the danger wherein the town stood, taking his way through the mountains, traveled night and day till he came to Perth, bringing with him two thousand and five hundreth men, a good and opportune support; The Lord Ruthven having a little before fallen from them, and gone to the Queen; which bred a great discouragement to the rest. The principals that came in Glencarns company were the Lords of Boyde and Ochiltrie, the Sheriff of Air, the Lairds of Cragie, Sesnok, Carnal, Bar, and Garthgirth. The Queen getting intelligence that the Earl of Glencarn was come to assist them, and that in the town there was seven thousand Gentlemen, besides the Burghers, An accord mediated by the Earl of Argile and Lord james. resolute men all; sent the Earl of Argile and the Prior of Saint Andrew's, called then Lord james, to inquire the reason of their Convocation, and mediate an accord. The Earl of Glencarn and Laird of Dun selected to treat with them, answered to the first point, that they were come thither to defend their friends, and save the town from destruction. As to the accord they professed to mediate, they said, that ●f Queen Regent would cease from troubling the professors of true Religion, and suffer the reformation begun in the town to proceed, they should in all other things be obedient to her commandments. The Noblemen employed in this treaty were known to be well affected to the cause, which made them within the town hearken to the conditions proponed; and so much the rather, that the Noblemen did promise, if the Queen did either refuse to accept reasonable conditions, or the same being accepted did violate the least jot thereof, The conditions of the accord. they should in that case join themselves openly with the Congregation, and undergo the like hazard that they did. Thus at their persuasion the Articles following were drawn up and agreed unto by both parties. 1. That both the Armies dissolving, the Town should be left patent to the Queen. 2. That none of the Inhabitants should be molested or called in question for the alteration they had made in Religion. 3. That no French men should enter into the Town, nor approach to it by the space of three miles, and that when the Queen retired, there should no French garrison be left in the Town. 4. That all other controversies should be delayed unto the next Parliament, or meeting of the Estates. This appointment was made the 29 of May, anno 1559. after which public thanks being given by john Knox for the good issue of the present trouble, the Congregation departed forth of the town, having first obliged themselves one to another, that they should all concur in maintaining the true Religion, and be ready at all occasions to defend the Professors thereof; for still they feared that promises should not be kept with them: And that the Queen would find occasions to violate the Articles, whensoever she pleased, as the success also declared. For immediately upon their departing, she entered into the town with some French soldiers in her company, contrary to the Articles; Queen Regent entereth into Perth. one of whom marching by the house of Patrick Murray a Citizen, who was known to be most forward in the cause of Religion, whether casually or of purpose, it is uncertain, killed with a shot his son, a boy of 13. years old, that was beholding the Queen's entry. The child being brought and laid before the Queen's lodging, she asked whose son he was; answer made that he was the son of one Patrick Murray, she said that the case was to be pitied; and the more, that it had fallen on the son, and not on the father; but she could not help misfortune. The Articles of peace violated. Before three days passed, all the heads of the Capitulation were broken, some of the Citizens exiled, others fined in great sums, the present Magistrates thrust out of Office, new Rulers intruded, and four Companies of soldiers left in the town for a Garrison, who were charged to permit no other Service but that of the Roman Church, which against promise she had of new established. Some that desired matters should be more peaceably carried, told her that the placing of a Garrison would be interpreted a breach of the Articles; she answered, that the promise was to leave no French soldiers in the town, which she had done, for they were all Scottish men that were there: and it being replied, that all who took wages of the French King, would be counted French soldiers: she said, that promise was not to be kept to Heretics, and if she could make as honest an excuse after the fact committed, she would take upon her conscience to kill and undo all that Sect. But Princes, saith she, ought not to have their promises so strictly urged. These speeches being divulged did procure to her much ill will. Some reason indeed she had to assure the town, it being the town of all the Kingdom most commodious for the assembling of forces out of all quarters, and the people by nature bellicose, and at that time greatly inclined to those of the Congregation: but the advantage she made of this was little or nothing to the malice she incurred by the breach of promises. Neither did ●he after this time ever see a good day, but was of all sorts of people despised and misregarded. The Earl of Argile and Lord james thinking their honours touched by the breach of the peace, The Earl of Argile, and Lord james forsake the Regent. which they had mediated, did forsake her and went to the Congregation: whereupon they were charged to appear before the Council; but they answered, That seeing the Queen had broken Conditions, which by warrant from herself they had made with the Lords of the Congregation, they would have no more meddling in such dishonest courses, and do the best to repair things. The Noble men remained at that time in Saint Andrew's; and because they foresaw this their answer would not be well accepted, and feared some sudden attempt, (for the Queen with her French men lay then at Falkland) they sent to the Lords of Dun and Pittarrow, and others that favoured Religion in the Countries of Angus and Mernis, and requested them to meet at Saint Andrew's the 4. day of june. Mean while they themselves went to the town of Craile, whither all that had warning came, john Knox in a sermon preached at Craill persuadeth the expulsion of the French. showing great forwardness and resolutions; and were not a little encouraged by john Knox, who in a Sermon made unto them at the same time put them in mind of that he foretold at Perth, how there was no sincerity in Queen Regent's dealing, and that conditions would not be kept, as they had found. Therefore did he exhort them not to be any longer deluded with fair promises, seeing there was no peace to be hoped for at their hands, who took no regard of Contracts and Covenants solemnly sworn. And because there would be no quietness till one of the parties were masters and strangers expulsed out of the Kingdom, he wished them to prepare themselves, either to die as men, or to live victorious. By this exhortation the hearers were so moved, Images pulled down at Crail and Austruther. as they fell immediately to the pulling down of Altars and Images, and destroyed all the Monuments which were abused to idolatry in the town. The like they did the next day in Austruther, and from thence came directly to Saint Andrew's. The Bishop hearing what they had done in the Coast-towns, and suspecting they would attempt the same reformation in the City, came to it well accompanied, of purpose to withstand them: but after he had tried the affections of the townsmen, and found them all inclining to the Congregation, he went away early the next morning towards Falkland to the Queen. That day being Sunday, The Monasteries of S. Andrew's demolished. john Knox preached in the Parish Church, taking for his theme the History of the Gospel touching our Saviour's purging of the Temple: and applying the corruption which was at that time in jerusalem to the present estate in the Church, and declaring what was the duty of those to whom God had given authority and power; he did so incite the Auditors, as the Sermon being ended, they went all and made spoil of the Churches, rasing the Monasteries of the Black and Grey Friars to the ground. Proclamation to meet the Queen at Couper. The report of this carried to Queen Regent, she was sore incensed, and presently gave order for the marching of the French companies towards Saint Andrew's, directing Proclamations to all the parts about for meeting her in arms the next morning at Couper. The Lords taking purpose to prevent her coming, The Lords of the Congregation prevent her. went the same night thither accompanied with 100 horse only, and as many foot; but such was the readiness of men in that quarrel, as before 10. of the clock on the next day their number grew to 3000. The Earl of Rothes and Lord Ruthven brought with them many Gentlemen from Lothian; the Lairds of Calder, Ormston, Halton, Restarig and Coalston brought only a few; for the warning they got was late, yet their presence did greatly encourage the rest. The towns of Dundy, Saint Andrew's and Couper showed great resolution and courage. In the morning early the Noble men had drawn forth their Companies to the Moor on the West side of the town, The meeting at Couper moor. and committed the direction of all things to Mr. james Halleburton, Provost of Dundy, a man of good experience, and much esteemed both for valour and counsel, who made choice of a plot of ground most convenient for defence; for it lay so, as the Munition might play on all sides upon the enemy without receiving any annoyance from them, till it should come to handy blows. A little river ran also between the Armies, which the enemies behoved pass before they gave the onset. The Lord Ruthven with the horsemen was placed in the vanguard, the other Lords with the Gentlemen of Angus, Mernis, Fise and Lothian, made the battle. The townsmen of Dundy, Saint Andrew's and Couper were set in the rear, and a certain space from them were the serving men and followers of the Camp appointed to stand, which made show of an auxiliary force provided against all accidents. In Queen Regent's Army the French were commanded by Monsieur de Offell, The estate of the Queen's Army. and the Scots by the Duke of Chatterault: the morning was dark, and the fields covered with a foggy mist, which hindered the Armies that they could not see one another. About noontide when the air began to clear, the French sent some of their company to view the numbers and order kept by the Congregation: who beholding them from a far, as they stood ranged in three battles, and perceiving behind them the multitude of serving people, which they took to be a supply of French men, affirmed at their return the numbers to be greater than in truth they were. Upon this a Post was directed to the Queen (who was not as yet come from Falkland) to inform her how matters went, and to show that the Lords were much stronger than was supposed, and very forward to fight; as likewise that they perceived a secret muting in their own Army, some openly professing, that they would not fight against their friends and Countrymen for the pleasure of strangers. A treaty for peace. She hearing this was content they should treat for peace; so the Lord Lindsey and Wa●ghton were employed by the Duke to confer with the Lords, who at first were not suffered to approach nigh to the Army, and had answer that they knew the Queen had sent those forces to pursue them, and if they would invade they should find them prepared to defend. But they professing all their desires to be for peace, and that they were sent to that effect, were afterwards permitted to go to the Lords: who told them, that they had been so often abused with the Queen Regent's promises, as they could not trust her words any more; but if she would send back the French men that troubled the Country and give surely that no violence should be used to those that profess the true Religion, The French required to be ●mitted. they should not be found unreasonable. It was answered, that for dimitting the French men, she could say nothing till the French King was advertised; and for the security craved, she could give no other but her own word, nor stood it with her honour to do otherwise. Thus because a present peace could not be concluded, a truce for eight days was made, upon condition that the French soldiers should be transported unto Lothian, and promise given, that before the expiring of that time some indifferent men should be sent to Saint Andrew's, authorized with sufficient power for making a firm and solid peace. The truce accorded. This truce made at Garlibank the 13. of june, 1559. was signed by the Duke and Monsieur de O●sell in name of the Queen. This done the Lords of the Congregation departed leaving the fields first at the Duke's request, The town of Perth complaineth of their oppressions. and returning to Coruper gave public thanks for that the enemies had failed of their purpose. The next day dismissing the multitude, they went to Saint Andrew's, where attending some days, (but in vain) the coming of these indifferent persons who were promised to be sent thither, for concluding a final peace, complaints were daily brought unto them of the oppressions used by the Lord of Kinfawns, whom Queen Regent had placed Provost in the town of Perth. The Earl of Argile and Lord james did hereupon write to the Queen, showing how at her special desire they had traveled with the Congregation then being at Perth, and brought them to accept of the conditions propounded by herself: the breach whereof chiefly in one point, that is, the placing of a Garrison of soldiers in the town of Perth, was no less dishonourable to them who had given their promises to the contrary, than it was grievous to the people: Therefore they desired the Garrison might be removed, and the town restored to the former liberty. No answer returning, The Lords be siege Perth. the Lords resolved to expulse the Garrison by force, and coming to Perth the 24. of june, they summoned the Provost, Captains and Soldiers to render, assuring them, if they held out, and that it happened any one to be killed in the assault, all their lives should pay for it. The Provost and Captains answered, That they had promised to keep the town for Queen Regent, and would to the last drop of their blood defend the same. As these things were in doing, the Earl of Huntley, the Lord Areskin, and Mr. james Bormatyne, Justice Clerk, came by direction of the Queen to persuade the Lords to delay the siege, at least for some days: but they refused to defer it the space of one hour, praying them, if they loved the safety of the besieged, to advise them to render; for if any harm should be done in the assault, their lives should answer it. 〈◊〉 offending that his intercession availed not, left them without a farewell. Then were the Provost and Captains again summoned, but they expecting no sudden assault, and being confident that the Queen would send relief, answered as before; whereupon the Lord Ruthven that lay on the West quarter began to batter the walls with his munition. The men of Dundy who lay upon the East side, played upon the town in like manner with their pieces, which put the besieged in fear; so as considering their own weakness, and doubting the succourse should come too late, they demanded a Parley, Perth yielded upon Composition. wherein it was agreed, that if the Queen did not send relief within the space of 12. hours, they should depart and go forth of the town with their weapons and ensigns displayed. Thus was the town yielded, Kinfawns expulsed, and the Lord Ruthven repossessed in his charge, and the inhabitants restored to their Liberties. The next day the Abbey of Scone, The Abbey of Scone demolished. situate a mile above Perth, was burnt to ashes by the townsmen of Dundy: The Noble men were earnest to have the Church and house saved from fire, but the people were in such fury because one of their company was killed by a shot from the house, as by no means could they be pacified. Intelligence in the mean time coming to the Lords, that the Queen was of mind to place a Garrison of French soldiers in Striveling to stop that passage and seclude the Professors beyond the river of Forth from those of the South, they made haste to prevent her, and rising at midnight came early in the morning to the town, and immediately after their coming pulled all the Monasteries to the ground. The Altars and Images in all the Churches within and about the town were broken and defaced, The Abbey of Cambuskehneth ruined. and the Abbey of Cambuskenneth ruined and cast down. Three days they abode at Striveling, and on the fourth marched towards Edinburgh, doing the like at Linlithgow, which is in the way. The rumour of their approach, though they were but few in number (for they passed not three hundred men in ally did so terrify the Queen and the companies that were with her, as with all the haste they could make, they fled to Dumbar. The Lord Seaton, who for the time was Provost of Edinburgh, Images and Altars pulled down at Linlithgow and Edinburgh. and took upon him the protection of the Black and Grey Friars, abandoned the charge, and left all to the spoil of the multitude, who before the arriving of the Lords had demolished all the monasteries within the Town, and carried away whatsoever they found in the same. It is strange to think how by so weak means in such a disorderly way those things should have been wrought, seeing upon the least show of resistance the enterprisers would in all probability have lest their attempt. But God put such a fear in the adversaries hearts, as they did flee, none pursuing. Queen Regent not knowing how to redress these things, A Proclamation by Queen Regent. gave forth a Proclamation, wherein she declared, That having perceived a seditious tumult to be raised by a part of the Liege's, who named themselves the Congregation, and under pretence of Religion had taken Arms, she by the advice of the Lords of the Privy Council, for satisfying every man's conscience, and pacifying the present troubles, had made offer to call a Parliament in january next, or sooner if they were pleased, for establishing an universal order in matters of Religion by the advice of the Estates, and in the mean time to suffer every man live at Liberty, serving their conscience without any trouble, until further order were taken. And because much appeared to consist upon the state of the Town of Edinburgh, she in like manner had offered to permit the inhabitants to use what manner of Religion they would during that time, to the end none might have just cause to say, that they were forced to any thing against their minds. But that they of the congregation rejecting all reasonable offers, had by their actions clearly showed, that it is not Religion, nor any thing pertaining thereto that they seek but only the subversion of authority, and the usurpation of the Crown. In testimony whereof they daily brought English men into their houses that come with messages unto them, and returned answers back to England, and of late had violently possessed the Palace of Halirudhouse, and intromitted with the Irons of the Mint-house, one of the chief things that concerned the Crown. Wherefore she commanded all persons belonging to the said congregation, (the inhabitants of the Burgh excepted) to depart forth of the town of Edinburgh within six hours after the charge, as likewise all that were of their society to forsake them, and live obedient to the authority, except they would be reputed and holden traitors to the Crown, etc. Together with this Proclamation rumours were dispersed, Rumours dispersed to the prejudice of the Congregation. that the Lords of the Congregation had conspired to deprive the Queen Regent of her authority, and to disinherit the Duke of Chattelerault, and his heirs of their succession and title to the Crown. These rumours were believed of divers, and prevailed so far, as many that assisted the Congregation began to shrink and fall away: in regard whereof it was thought needful they should clear themselves. both by their letters to the Queen, and open Proclamation to the people; which they did in manner following. First in the letters directed to the Queen they said, The Lords purge themselves to the Queen. That they had notice given them of a Proclamation lately made, wherein they were traduced as usurpers of their Sovereign's authority and invaders of her person, who in absence of their Sovereigns governed the Realm, which they esteemed to proceed of a sinistrous information made by their enemies, and was an imputation most false and odious; their intentions being no other, but to abolish idolatry and superstitious abuses, that did not agree with the word of God, and maintain the true Preachers thereof from the violence of wicked men. They did therefore beseech her, to use her authority to that effect, and for other matters she should find them as obedient as any subjects within the Realm, whereof they promised to give testimony and assurance, so as they might have safe access to her Highness. This was the substance of the letter which was sent by the Lords Ruthven and Ochil●rie unto her. In the Proclamation they did call God to witness, The Proclamation of the Lords. That such crimes as they were charged with, never entered into their hearts, and that their only intention was to banish idolatry, and advance true Religion, and defend the Pre achers thereof, promising to continue in all duty towards their Sovereign and her mother their Regent, provided they might enjoy the liberty of their consciences. As to the intromission with the Irons of the Minthouse, they said, That they being born Counsellors of the Realm, and sworn to procure the prosit thereof; when they understood the subjects to be greatly hurt by the baseness of the money which increased the dearth of all necessary wares, they could do no less of their duties, then stay the coining of more lay money, until the Nobility and Council had taken surther deliberation therein; And where it was given out, that they had spoiled the Minthouse of great sums, in that point they did remit themselves to the Declaration of Mr. Robert Richardson Master of the Mint, in whose hands they delivered all the gold and silver both coined and uncoined, which there was found, etc. For the Intelligence with England nothing was replied: whereby it seemed there was some dealing that way for expelling the French men, which they did not deny, and thought not convenient as then openly to profess. The Queen taking hold of the last words of the letter sent unto herself, The Lairds of Pittarrow and Cunningham-head, sent to the Queen. and desiring to know what they would say, as likewise trusting to gain somewhat by conference with them, did offer a safe conduct to any they pleased: whereupon the Lairds of Pittarrow and Cunningham-head were sent in name of the Congregation, to declare that their intent and purpose was no other, but that they might enjoy the liberty of their consciences; and unable Ministers by removed from all Ecclesiastical administration; Christ Jesus might be truly preached, and his holy Sacraments rightly administered; and that their Preachers might be licenced to do their offices without molestation, until such time as by a general Council lawfully convened, or by a Parliament within the Realm, the controversies of Religion should be decided. which things being granted, they did faithfully promise in all other things dutiful obedience. Only to be assured of sincere dealing, they desired that the French companies which were to the country a burden, and fearful to them, might be sent home to their native country. These Propositions were not pleasing, The Queen's desire to speak with the Earl of Argyle, and the Lord james. yet made she no show of any dislike, but using gracious words, said, That if she could be assured of their honest and dutiful meaning to her daughter, and herself, their demands seemed not unreasonable. But she longed to speak with some of their number who were of greater authority, meaning as afterwards she uttered that her desire was, the Earl of Argyle and Lord james should come unto her; for when she saw the Lord Ruthven and Ochil●rie returned not unto her, with the Laird of Pittarrow; she fell a complaining, that she was not sought in a courteous manner, and that they in whom she put her most confidence, had left her in her greatest need. In end she said, That she could not be satisfied till she spoke with the Earl of Argyle, and Lord James, for still she suspected there was some higher purpose amongst them then religion. This reported to the Lords, The Lords suspecting some practice, refuse to send the Noblemen. they would not by any means condescend that these Noblemen should go unto her, doubting some practice against them; for she was heard say, That if the means could be found out to divide these two from the rest, she was sure to prevail: one likewise of her chief attendants was said to have bragged, that before Michaelmas next both these Noblemen should lose their heads. This not succeeding, it was agreed that the Duke, the Earl of Huntly, the Lords Erskin and Summervaile, with the Abbot of Kilwining, and Justice Clerk should meet for the Queen, with such as the Congregation did appoint, for treating of the best means to settle a constant and solid peace, and for the part of the Congregation were named the Earls of Argyle and Glencarne, the Lord Ruthven, Boyd, and Ochiltrie, the Lord james, the Lairds of Dun and Pittarrow. These meeting at Preston, A meeting at Preston. to the number of an hundred on each side, (as was appointed) conferred together a whole day, but without any conclusion; for the Queen seeming to yield unto the free exercise of Religion would have it provided, that in what place she happened to come, the Ministers should cease from preaching, and the Mass only be used. The Lords answered, That this were to leave them no Church, for when the Queen pleased, she might change the place of her residence, and so there could not be any certain exercise of Religion, which were all alike, as to overthrow it: In these terms they parted that night, yet the Lords named for the Congregation unwilling to break off the conference, said, they would think more of the business, and advertise what would be yielded unto. After some deliberation, The answer of the Lords to the condition proponed. the Lord Ruthven and Pittarrow were remitted with this answer, That as they could not impede her to use what exercise of Religion she pleased, so could they not agree that the Ministers of Christ should be silenced upon any occasion, much less that the true service of God should give place to superstition and idolatry. Wherefore they humbly requested (as often they had done) liberty to serve God according to their consciences, and did beseech her to remove the French soldiers, otherwise there could be no firm and solid peace. The Queen hearing all, replied only that she wished there might be peace; but to none of the points proponed made she any direct answer. Whereupon the Noblemen resolved to bide together at Edinburgh, and not depart till matters were fully composed. News in this time were brought of the French King Henry the second his death, News of the French Kings death. which put the Lords in some better hopes, but withal made them more careless; for divers, as though nothing was now to be feared, did slide away to attend their private affairs, and they who remained expecting no invasion, lived secure, keeping neither watch nor ward, as if there had been no enemy to fear. The Queen on the other side became more watchful, observing all occasions whereby she might weaken the faction, and assure herself: So getting notice of the solitude which was at Edinburgh, she hasted thither with the companies she had. The Lords advertised of her coming, grew doubtful what to do, for howsoever they might save themselves by flight, they saw the town by their retiring should be lost, and the Church, which in some good fashion was then established, be utterly cast down; therefore with the small number they had, they issued forth of the town; and putting themselves in order, stood on the East side of Craigingate, to impede the approach of the French. The Duke and Earl of Morton, who were gone that morning to meet the Queen, and give her the convoy, laboured to compose things, but prevailed not; only that day they kept the parties from falling into an open conflict. The Queen prepareth to enter into Edinburgh. The next day when the Queen, which lay all that night at Leith, prepared to enter into the town by the West port, and that the Lords were advancing to stop her in the way; the Lord Areskin, who until that time had carried himself a neuter, threatened to play upon them with the Canon, unless they suffered the Queen to enter peaceably, and without trouble. This it was supposed he did, to make them accept the conditions of truce offered the day before, which they seeing no better way, were content to yield unto The Articles were as followeth. 1. The Articles of the Truce. That the Congregation, and their adherents, (the inhabitants of Edinburgh only excepted) should depart forth of the town, within the space of twenty four hours, to the end the Queen Regent and her companies may enter peaceably in the same. 2. That the Congregation should render the Palace of Halirudhouse, with all the furnishing they found therein, redeliver the Minthouse and Printing Irons the next morning before ten of the clock: and for observing this and the former Article, the Lord Ruthven, and Laird of Pittarrow should enter as pledges to the Queen. 3. That the Lords of the Congregation, and all the members thereof should remain obedient subjects to the King and Queen's authority, and to the Queen Regent, as governing in their place, observing the laws and customs of the Realm, as they were used before the raising of this tumult in all things, (the cause of Religion excepted) wherein the order after specified, should be followed. 4. That the Congregation should not trouble nor molest any Churchman by way of deed, nor make them any impediment in the peaceable enjoying and uplifting their rents, and that it should be lawful for them to dispone, and use their benefices and rents, according to the laws and customs of the Realm, until the tenth of january next. 5. That the Congregation should use no force nor violence in casting down of Churches, religious places, or defacing the ornaments thereof, but the same should be harmless at their hands, until the tenth of january next. 6. That the town of Edinburgh should use what Religion they pleased, until the said day, and none of the Subjects in other parts of the country be constrained against their minds in matters of that kind. 7. That the Queen should not interpone her authority, to molest the Preachers of the Congregation, nor any other their members in their bodies, lands; possessions, pensions, or whatsoever other kind of goods they enjoyed; nor yet should any spiritual or temporal Judges trouble them for the cause of religion, or other action depending thereupon, until the said tenth of january, but that every man should live in the mean time according to conscience. 8. That no man of War, French or Scottish, should be put in Garrison within the town of Edinburgh, only it should be lawful to the soldiers to repair thither for doing their lawful affairs; which done, they should retire themselves to their proper Garrisons. This truce, and the heads thereof published, The Lords depart to Striveling. the Lords departed towards Striveling. leaving john Willock Minister to serve in the Church of Edinburgh, As they departed, the Duke and Earl of Huntley met with them at the Quarry holes, promising if any part of the appointment should be violated, to join all their forces for expulsing the French out of the Realm: and indeed the Queen was then more careful nor in former times she had been, to see that no breach should be made; howbeit many ways she went about to re-establish the Mass, and bring the favourers of Religion in contempt. The Queen desireth the Church of S. Giles for the exercise of Mass. In Edinburgh she employed the Duke, the Earl of Huntley, and Lord Seaton, to deal with the Magistrates and Council of the Town, that they would appoint some other Church then S. Giles where their Minister might preach, reserving that Church to her use, and for the exercise of the Mass. The Magistrates answered, That S. Giles Church had been the ordinary place of their meeting to Sermon and other Religious Exercises, and could not be taken from them without a manifest breach of the truce; seeing by one of the Articles it was provided, that the Preachers of the Congregation should not be molested in any thing they possessed at the making of the appointment. Huntley replying, That the Queen meant to keep all conditions, and desired this only of their favour; or if they would not change the place of their preaching, The Magistrates answer. that at least they would permit Mass to be said either before or after Sermon in the Church of S. Giles: They answered, That they were in possession of that Church, and would never consent that Idolatry should be there again erected; or if men would do it violently, they behoved to suffer, and would use the next remedy. This being refused another device was invented, The French Captains and soldiers trouble the people in hearing the Sermon. that the French Captains, with their soldiers, should in time of Sermon and prayers keep their walks in the Church, and trouble the exercise so much as they could. This they thought would enforce them to make choice of a more retired place for their Sermons, or then irritate the people, and breed an occasion of some disorder, so as the breach of the peace should proceed from them. The insolence was great they committed in this kind, for they did laugh and talk so loud all the time, as the Preacher could not be heard, yet was it patiently digested, knowing that an occasion of trouble was only sought. In other places their behaviour was no better, for at Leth they did cut in pieces the Pulpit erected for the Preachers, and set up the Mass, which had been suppressed before in that town. The like did they in the Abbey Church, forcibly abolishing the service of Common Prayers, which there was ordinarily used. And in what place soever they came, some one disturbance or other they wrought to the professors of the turth. Herewith a rumour was dispersed amongst the vulgar, That it was not Religion as the Congregation pretended, but an open rebellion they went about; and that their purpose was to disinherit their lawful Queen, and set up Lord James her base brother in her place: which by divers was apprehended as truth, and wrought a great alienation of minds from the cause. About the same time came Monsieur Crook a French Gentleman with letters from the Queen and King Francis her husband to Lord james, full of exprobrations and menacings, as appeareth by the Copies here insert. Francis King of France to james Prior of S. Andrew's. COusin, A letter to Lord james from King Francis. when I understood as well by letters as common report the tumults raised at this time in Scotland, I was much commoved, especially when it was said that you, to whom my dear wife, my father deceased, and myself have given so many benefices, should be the head and principal fosterer of the same. That you should be so forgetful of our love, and of the duty you have at all times professed unto the Queen, I would not believe; or if it was so as the same commonly reporteth, I did think that you were induced by the promises and flattering persuasions of others to take the fault upon you whereof they were the cause, supposing the offence would be esteemed either none, or very small in your person. This my conceit of you, if it be true, shall be as joyful to me as that which should be most joyful, for I should with by this mean some part of my displeasure mitigated into which you are worthily fallen, having deceived the hope which I had of your piety towards God, and your faithful service towards myself. Therefore since nothing can be more acceptable to me, then to hear that controversies are composed, and all things compacted without tumult, according to law and good order; and since I am persuaded this may be easily done by your credit, I thought meet to advertise you by these letters, and for the good will I bear you, I do earnestly request that you will return to the obedience from which you have foully fallen, that so I may see you carry another mind, then that which your foolish actions have manifested. This will appear to be so, if that you apply your diligence to bring those things which now are out of order in those parts, back again to the ancient and sound form of obedience, which you know is due to God and me. Otherwise I would have you, and all those that adhere unto you, persuaded that ere it be long I shall take such punishment of you and them, as your wickedness deserveth, which I have given the bearer charge to make known unto you at more length, whom I will you to credit as myself, praying God, my Cousin, to have you in his protection. Paris the 17. day of july 1559. The Letter sent by the Queen, was of the tenor following; MARY, Queen of Scotland and France, to james Prior of the Monastery of S. Andrew's. I Cannot my Cousin wonder enough, how you that are nighest us in blood, Another letter from the Queen of Scots to Lord james. and greatly benefitted by our liberality, as yourself knoweth, should be so presumptuous and wickedly disposed, as by one and the same fact to violate the Majesty of God, and the authority belonging to me, and my husband; for to me it is a wonder that you, who being with me did complain of the Duke of Chattellerault, and divers others for dismissing my authority, should now be the leader of a faction in matters of greatest weight, wherein not only the honour of God is touched, but my authority all utterly taken away: which I would have more easily believed of any other of my subjects then of you, for I had a special hope of your sidelity, and am not a little grieved that you should have deceived me; Though yet I can scarce be persuaded, that you are gone so far from truth and reason, as to be carried away with such blind errors which I wish were not, as any in the world else, beseeching God to illuminate you with his light, that returning into the right way you may show yourself (by doing things contrary to that you have already performed) a good man, and obedient to our laws; whereof by these letters I thought good to admonish you, and withal earnestly to entreat you to amend your by gone faults, with better deeds in time coming; that the anger which I and my husband have conceived against you, may by that means be mitigated. Otherwise I would have you understand, that we will take such punishment of you, that you shall ever remember us, which shall be to me a most grievous thing. God I beseech to keep you from all danger. Paris the 24. of july. 1559. Lord james having perused the Letters, and conferred a space with the Gentleman, who was commanded to say unto him, The answer given by Lord james. That the King would rather spend the Crown of France, than not be revenged of the seditious tumults raised in Scotland, made answer in writing as followeth. That he was no way conscious to himself of any und●tisulness either in word or deed a 'gainst his Sovereign's laws. That it was true he had joined himself with these of the Nobility who went about the reforming of Religion, and would not deny it, but this he did not esteem a fault against the King or Queen. For thereby nothing is sought, but the advancement of God's honour and the Gospel of jesus Christ, from which if he should desist it were in effect to renounce his Lord and Saviour. Then this cause only excepted, he and the rest who were charged with the crime of Rebellion, should in all other things be most obsequent. This writing he delivered to Monsieur Crook, who gave it Queen Regent, she opening the same and reading it, said, that such a proud and rebellious answer was never given to a King and Queen. Some few days after this, A French Captain called Octavian, arriveth with a regiment of soldiers. arrived a French Captain called Octavian with a Regiment of soldiers, who brought with him great sums of money, and other necessary provisions for war: But the Queen did incontinent send him back to entreat the French King for other four companies to make up the number of twenty Ensigns with an hundred horsemen, and four ships well appointed to keep the Haven of Leth: trusting therewith, as she said, The Queen maketh to fortify Leth. and with the assistance she promised herself in the Country, to daunt all the rebels and bring them to obedience. Mean while, she began to fortify the town of Leth, as being a Port fit to receive fresh supplies, and a place that might serve the French companies for a refuge, if they should happen to be redacted to any necessity. The Lords of the Congregation kept at that time a Convention in Striveling, The Earl of Arrane joins with the Lords at Striveling. and thither came the Earl of Arrane (the Duke his eldest son) having left France upon this occasion. Being one day in conference with the Duke of Guise (who then ruled all things in the French Court) and falling in speech of those that professed the reformed Religion, he did utter his mind too freely in their favours: which was so ill taken, as it was resolved to call him in question. Of this, and other speeches that had escaped the Cardinal of Lorraine in the Court of Parliament, he was advertised, and thereupon retired quickly from Court, and went to Geneva; there he became acquainted with Mr. Randolph an English man (who was afterwards employed in many honourable Legations to Scotland) and came with him into England, where he was much graced by Queen Elizabeth, and by her persuasions induced to promise, that at his return he should join himself with those that sought to expel the French forth of Scotland, and move his father so far as in him lay, to take part in that cause. Both which he truly performed; for immediately upon his return he came to the Noblemen at Sriveling and made offer of his assistance in the common quarrel both of Religion and the liberty of the Country. Then going to visit his Father at Hamilton he won him to their side, and reconciling some old grudges betwixt his father and certain Noblemen, brought them all to meet together at Hamilton, and to write a common Letter to Queen Regent, A letter directed to the Queen from the Lords. which was to this effect: That it was to them a marvel, ho she not provoked by any injury, could go so soon from the late appointment, as to expulse the ancient inhabitants of the town of Leth, place therein a Colony of strangers, as minding to keep the Country under a Tyrannical subjection; This they said was against her promise, against the public weal, and against the laws and liberties of the Kingdom; wherefore they entreated her to desist from that course, and not to drive them into a necessity of seeking the concurrence of the Subjects for resisting the mischief intended against the whole. This letter dated at Hamilton the 29. of September, was subserived by the Duke of Chattellerault, the Earls of Arrane, Argile, Glencarn, and Mentieth; the Lords Ruthven, Boyd, and Ochiltrie, and divers other Barons and Gentlemen. They wrote also to the Lord Ereskin keeper of the Castles of Edinburgh and Striveling; Desiring him as a Nobleman and a Member with them of the same Commonwealth to look circumspectly to his own person, A letter sent by them to the Lord Ereskin. and to the strengths committed to his trust, and not to suffer himself to be abused with the promises and policies which they knew would be used. Hereof they did think it needful, as they said, to give him warning, not that they stood in doubt of his sidelity, but that they esteemed it their duty to advertise him of the common danger, and to assure him, if by violence any should go about to bereave him of those sorts, their assistance should not be lacking. Queen Regent not liking to make an answer to the Lords in writing, Sr. Robert Carnagie and Mr. David Borthuick directed to the Duke. sent Sir Robert Carnagie, and Mr. David Borthuick with a letter of credit to the Duke. That which they had in credit to say was, that she wondered much at his joining with the Lords, or that he should have permitted the Earl of Arrane his son take that course; and to advise him to come and stay with her at Court; or if they could not obtain that point, that they should dissuade him from taking part with them. The Duke ask what the Queen meant to do concerning the fortification at Leth and dispatch of the French men; they said, If all things were put in the Queen will, she would be gracious enough. Whereunto he replayed, That both he and the rest of the Lords would most willingly serve her, so as she would be ruled by the counsel of natural Scottish men; but so long as she kept about her strangers, who were a trouble and great to the Country, he believed no wise man would give either him, or them advise to put themselves in her hands. This answer reported to the Queen, A Proclamation given forth by the Queen. because she perceived the arriving of the French soldiers to be generally ill taken, she gave forth a Proclamation; Wherein complaining of the calumnies dispersed against her by wicked people, especially that she had broken the appointment made with the Congregation at Leth, (which she said was only to entertain division in the Realm) by receiving of French forces which they aggredged so far against all reason, it not being an Article of the appointment; that albeit for every Frenchman that was in Scotland, there were a hundreth at her command, there should not a jot that was promised be broken, nor the least alteration be made in any thing, if the Congregation did in like manner faithfully keep their part. Therefore willed all good subjects not to give ear to such informations, nor suffer themselves to be led thereby from their due obedience, assuring them that they should ever find with her truth in promise, and a motherly love towards all loyal subjects. Besides the Proclamation, The Queen seeketh to disunite the Lords she employed in the Country some whom she especially trusted, to inform the Subjects of her good meaning; the principals were, Mr. james Balfoure Official of Lothian, Mr. Thomas and Mr. William Scots sons to the Laird of Balwery, Sir Robert Carnagy and some others. Neither did she omit to deal with the specials of the Congregation, sending Sir john Bannatyne Justice Clerk to the Lord Ruthven, The persuasions used. with many liberal promises, if he would leave the faction, and Mr. john Spence of Condy to Lord james with a letter bearing this effect; That having understood the cause of his departing from her, to be the love he bore to Religion: Albeit she did mislike the same, yet knowing his mind, and the minds of other Noble men to be so far bend that way, as there was no possibility to reclaim them, she had now resolved to tolerate their profession, and at their own sights, to grant such liberty as might stand with the common policy of the Realm and their Sovereign's honour. As for the men of War, and fortification at Leth so much complained of, she said, that some had given her to understand, that it was not the advancement of Religion which was sought, but that the same was made a pretext to overthrow the authority of his sister, (whereof she believed he would never be participant) and this was the true cause of inbringing the said forces, whereas if suspicions and jealousy could be removed, she would be well pleased to dimit them; for it grieved her much to see the troubles that were in the Country, neither desired she any thing more, than a perfect peace and reconciliation, wherein she requested his assistance, praying him to keep faith and kindness to his sister (who trusted more in him then in any man living) and to show her what he desired for his own particular, and she would faithfully the same should be performed to his contentment. By such policies as these she laboured to disunite the Lords; Lord james his Answer. but the love of the cause, and their own safeties, which they apprehended to consist in their fastness and fidelity to others, kept them together. The many breaches they had also found, begat in them such a distrust, as nothing, though never so truly meant, could be believed; his answer therefore was, That in the matter proponed to him he could say nothing by himself, for they had all taken oath to have no private dealing with her, or to make any several address for themselves, which for his own part he would keep unviolate, and how soon the Noblemen were convened, he would show what was written unto him, and leave nothing undone, that served to establish peace in the Realm; provided the glory of God was not interessed: neither doubted he if she were found as tractable as by her letter she professed, but she would obtain of the rest that which might in reason content her. Further he said, that he had communicated to her servant some things that misliked him in her proceedings with a true heart, which he wished of God she, and all men knew. When as Queen Regent perceived these means could not divide them, A Proclamation by the Queen, declaring her purpose in the fortifying of Leth. she gave forth a new Proclamation of this tenor. That whereas the Duke of Chattellerault had directed his missives unto all the parts of the Realm, informing that the French men lately arrived, were begun to plant in Leth for the ruin of the Commonwealth, and that the fortification made there was a purpose devised in France to bring the subjects under servitude, which he and his partakers could not patiently endure, she esteems it needful for the manifestation of her proceeding since the last appointment, to make the Declaration following: First, that divers of the Congregation, and those not of the meanest sort, had violated the said appointment in sundry heads, yet she, in hope that they would have returned to their duties, did connive at many things, and took no notice of their doings, till of late (having perceived by their frequent messages to, and from England, and by the defection of many great personages from her obedience, that there was some other purpose in hand, than the establishing of Religion) she was forced to have her recourse to the law of nature, and as a bird that is pursued will provide a nest for itself, and for her followers: for which cause she had made choice of the town of Leth, as a place most convenient, being her daughter's property, whereunto no person could lay claim; a place fortified of old, and such as made best for her safety. Further she said, that it was not religion that they sought, but a mere rebellion they were entered into against their Sovereigns, as appeared by many evidences. First, by the taking of Broughtie Castle, and expulsing the Keepers thereof by some of the Congregation: Next, by the contempt of the offer made by herself unto the Lord Duke, when he complained of the fortification of Leth, that if they would cause amend the wrongs committed against the Laws of the Realm, she would do what in reason they could require. Thirdly, by the charges he had sent to the free burgh's to choose such Magistrates as they thought would assist them in their purpose. And fourthly, by the withholding of provision, against all humanity, from her and from her family. All which things to those that had any eyes made more than manifest, that it was no other but a plain usurpation of authority they went about; the particulars whereof she had certainly understood, it being detected unto her, that the Earl of Arrane had joined with the Congregation for no other end, and that the Crown was promised by them unto him: yet she no way doubting of the subjects good affection, and that they would when need should be, stand in defence of their Sovereign's right against all pretenders, thought meet to give them warning of these practices, and prohibit the Liege's to put themselves in Arms, or take part with the Duke, and his assisters, etc. The Bishop of Amiens, and some Doctors of Sorbon active at Leth. Monsieur Pellence Bishop of Amiens, (he was afterwards Archbishop of Scent, and created Cardinal arrived about this time at Leth, accompanied with three Doctors of Sorbon, Doctor Furmer, Doctor Brochet, and Doctor Ferretier. Monsieur le brooch a French Knight, gave them the convoy with two thousand foot. The Doctors gave out, that they were come to dispute with the Preachers of the Congregation. The other two pretended a Legation, and sent to some of the Nobility resident at the time in Edinburgh, to desire a hearing. It was answered, That they came not as Ambassadors, but as enemies, to brag and threaten them with Arms, otherwise they needed not have brought so many armed soldiers in their company. If they meant to treat with weapons in their hands, they would likewise fortify themselves, and make it seen that they were not moved to any thing by compulsion, but guided by reason: nor would they have them think they were sorude and ignorant, as to fall in reasoning with adversaries, that might force them to conditions at their pleasure. Wherefore if they desired peace and quietness, as was pretended, it should be fittest to dimit these for ain soldiers, and seek to have matters composed according to reason and Justice. This answer given, there was no more heard of the Legation, nor of the Doctor's disputes. The Lords in the mean time published a Declaration answering the other lately made by Queen Regent, A declaration published by the Lords. wherein first they declared, That as they had often complained of the inbringing of French soldiers, and the manifold oppressions done by them, so they could not but seek redress thereof by all means, in regard the same tended to an open conquest of the country, and the laying upon their necks an intolerable servitude; for whereas the Queen did pretend the defection of divers great Personages from her obedience, and the frequent messages to, and from England, to be the cuase of their inbringing; it is well known that before the arrival of these strangers, there was no such defection, but all lived peaceable and obedient, according to the appointment made by herself. And for the Messages to England, time will make manifest that the support craved was to no other end but to maintain Religion, and suppress idolatry; wherein they think they have done nothing against their duties, it being lawful for them where their own power faileth, to seek help and assistance, wheresoever they may have it. Next touching the convenience of Leth for a place of fortification; they grant it is a port very fit to receive strangers; but had the Queen intended no more than her own security, Dumbar, Blackness, and other forts already built, would have better served to that use. And where she called Leth her daughter's property, they answered that it was notoure, the sums paid to the Laird of Restalrig Superior of Leth were disbursed by the inhabitants, and a large taxation given to herself upon promise, that their town should be erected into a Burgh royal; in place of which, some of the indwellers were expulsed from their own houses, others rob of their substance, and all that choosed to remain there, kept in such fear and terror, as in effect they esteemed nothing their own. Neither was this only done to those that professed themselves reform, but to all the inhabitants indifferently; which show clearly, that the French did mind nothing less, then to subdue the whole nation, if it lay in their power. And where it was said, that the town of Leth was fortified of old, the same was never done without the consent of the Nobility and Estates of the Realm, whereas the present fortification was made expressly against their wills signifying to her in writing. Concerning the Earl of Arrane, and their purpose to place him in authority, they took God to record, that the same never entered into their hearts; and that neither the said Earl, nor any pertaining unto him, did ever move them in such a matter; which if they had done, they were not so foolish as to promise that, which afterwards they must needs have repent. Then for the particulars adduced to qualify their intended rebellion, they answered, that the taking of Broughty was to prevent the danger that might have ensued, if the French should have planted tin that place as they had done at Leth, whereof the conjectures were not obscure. As to the Duke's misregard of her offer, they did remit the truth of that, to the report of the persons employed by herself. Further it was said, that they had directed charges to the free burgh's to elect Magistrates at their appetites; and truth was, that some towns asked their advice in this business, and that the answer given them was, that if they elected such as feared God, and loved equity, and justice, they could not err in their choice. But that she should object this, seemed strange, seeing it was known, that she herself did force the town of Edinburgh to take Magistrates of her appointment, and against their own liking. Lastly, for the impeding of necessary provisions to her and her family, they utterly denied the same; only they had taken order to stay the furnishing of strangers (that oppressed the country) with victuals, and did forthink the same was not sooner and more strictly done: concluding, that seeing nature did oblige them to love their country, and the oath they had given to be true to the Commonwealth, forced them to hazard whatsoever God had given them in defence thereof; they being Counsellors of the Realm by birth, could not forbear to seek that by force of Arms, which hitherto had been denied them. Therefore required all natural Scottish men to judge between the Queen and them, and not to abstract their just and dutiful support from their native country in so needful a time, assuring them who did otherwise, that they should be esteemed betrayers of the Kingdom into the hands of strangers. This Declaration made, the Lords assembling their forces, The Lords come to Edinburgh and write unto the Queen. came to Edinburgh the eighteenth of October, and on the same day Queen Regent by the counsel of the French men entered into Leth, with the Bishops of S. Andrew's, Glasgow, Dunkeld, the Lord Seaton and some others. The day following they sent a letter to the Queen declaring, how they were convened to see a redress made of the great disorders that were in the Realm, especially to have the town of Leth made patent for the free traffic of the subjects, and desiring her to command all the strangers and mercenary soldiers to depart forth of the same, and to cause the forts to be demolished which were newly erected; otherwise they would take it for an argument, that her meaning was to bring the Kingdom into servitude; against which mischief they would provide by the best means they could. The messenger who carried this letter, after he had been detained a whole day, was dismissed without answer. Mean while the rumour increasing of the Duke his usurpation of the authority, The Duke purgeth himself and his son of any aspiring. he thought it necessary to make a public purgation, as he did at the Mercat Cross of Edinburgh, by sound of Trumpet, protesting both for himself and for his son the Earl of Arrane, that none of them did seek any pre-eminence, nor meant to usurp the authority Royal, but that they were convened with the rest of the Nobility to maintain the cause of Religion, and liberty of their native country invaded by strangers; which he desired all men to believe, and not to be carried with the false and malicious reports of enemies, devised only to withdraw the hearts of natural Scottish men, from the succour they owed to their oppressed country. Two days after Robert Forman, The Herald directed to the Lords. Lion Herald, was directed by Queen Regent to the Lords with this writing. After commendations we received your let of the date at Edinburgh the 19 of this instant, which to us appeareth rather to have come from a Prince to his subjects, then from subjects to those that bear the authority; for answer whereof we have sent unto you this bearer the Lion Herald King of Arms sufficiently instructed with our mind, to whom you shall give credit. At Leth the 21. October. 1559. The credit, The credit given to the Herald by the Queen. as the Herald related the same, was this; First, he showed the Queen did think it strange, there should be any other to command within the Realm besides her daughter and her husband: in fomer times had been given just causes of suspicion, so now she perceived clearly by the contents of the last letters, they did not acknowledge any authority superior to themselves in the Kingdom. Next he was desired to ask the Duke of Chatteller ault how his doings did agree with his words and writing, whereby he promised not only to obey the King himself, but also to kept his son of the Earl of Arrane from meddling with the present broils and tumults of the country. Thirdly, in answer to their letters, he was willed to say, that it never came in her mind to overthrow the liberty and laws of the Realm, much less to make a conquest of it; for to whom should she seek the same, it being her daughter by right, and she already possessed thereof? nor could they think her so unnatural, as to bereave her own child of the Crown, and acquire it to another. As to the fortification of Leth, and entertaining of strangers, he was bidden ask if any thing in that kind was by her attempted before they did show themselves manifest contemners of the Authority, by surprising Towns, and making bonds both amongst themselves, and with the ancient enemies of the Kingdom; and to omit other things, Could they think it lawful to them to keep an Army at Edinburgh, for pursuing her who was their Regent, and her Council, and that it should not be lawful to her to entertain a few companies at Leth for her own safety? Belike they would have her to flee from place to place, as hitherto she hath done, declining their fury. In their whole letters was there a word sounding to obedience, any overture of peace, or so much as an intimation of willingness in them to have debates composed, and all things reduced to their former estate? They might cover it as they pleased with the pretexts of the Commonwealth, and their care of the good and quiet thereof, but nothing less was meaned by them. For if they desired peace, she hath often showed the way unto it. Neither could they be ignorant, that the French soldiers would long before that time have been recalled by the command of their King, if they themselves had not been a let and hindrance thereto. Further he was required to say, that if as yet they would live obedient to their Sovereigns, she for her own part would refuse no means of concord, nor should she omit any thing that made for the good of the Commonwealth. Neither was this her mind alone, but the mind likewise of their Sovereigns, who had sent two chief men, one of the Church estate, and the other an honourable Knight, to signify so much unto them, whom they so far despised, as they would not vouchsafe them either answer, or audience, Lastly, the said Herald, as he was enjoined, did charge the Duke, the noblemans and others their assisters and partakers, to depart forth of the Town of Edinburgh, and dissolve their forces under the pain of less Majesty. The Herald having in this sort delivered his credit, The Lords deliberate upon discharging the Queen of her Regency. the Lords convened in Council with a number of Barons and Burgesses, whom they called to assist. In this meeting the Lord Ruthven presiding, declared how the Queen had refused their Petitions, and that there was no expectation of the yielding up the Town of Leth, or dimitting the French companies by a peaceable treaty, so as now they were to think of the next course. The reverence of authority, (which as yet was in the person of Queen Regent) deterred many at first from uttering their minds, yet after some short silence, they began to speak of discharging the Queen of her Regency. The motion seemed dangerous to some, as wanting example, at least for a long time: The like, they said, had been sometimes done, but it was always carried under the show of authority; they in whose hands the King was at that time, taking upon them in his name to suspend the present Government. But that the Nobility and Estates without, and against the Prince's consent, should assume that power to themselves, was never heard, and would be thought strange. Others held, that she being a Regent only, might very well be prohibited to use the name of the King and Queen for authorising of her proceedings, especially when they were known to be hurtful and pernicious to the whole Kingdoms. The opinion of the Preachers required. In this variation of judgements it was thought meet to take the opinion of the Preachers, and to that effect Mr. john Willock, and john Knox being called, they delivered their minds one after another in this sort. Mr. john Willock first speaking, said, That albeit Magistracy be God's Ordinance, Master Willock his opinion. and that they who bear rule have their authority from him, yet their power is not so largely extended, but that the same is bounded, and limited by God in his word. And albeit God had appointed Magistrates his Lieutenants on earth, honouring them with his own title, and calling them Gods, yet did he never so establish any, but for just causes they might be deprived; for even as subjects, said he, are commanded to obey their Magistrates, so Magistrates have direction given them for their behaviour towards those they rule; and God in his word hath defined the duties both of the one, and the other. In deposing Princes, and those that have borne authority, God did not always use his immediate power, but sometimes he used other means, such as in his wisdom he thought good. As by Asa he removed Maacha his own Mother from the honour and authority which before she did exerce: By Jehu he destroyed Joram and the whole posterity of Achab, and by divers others he deposed from the Government, those whom he established before by his own word. Of these ensamples he inferred, That since Queen Regent had denied her chief duty to the subjects of the Realm, which was to minister justice indifferently, to preserve them from the invasion of strangers, and to suffer the word of God to be freely preached: seeing also she was a maintainer of superstition, and despised the counsel of the Nobility, he did think they might justly deprive her from all regiment and authority over them. john Knox being next desired to speak, after he had approved all which his brother had said, did add this more, That the iniquity of the Queen Regent ought not to withdraw their hearts from the obedience due to their Sovereigns; john Knox his sentence. nor did he wish any such sentence to be pronounced against her, but that when she should change her course, and submit herself to good counsel, there should be place left unto her of regress to the same honours, from which for just causes she ought now to be deprived. It had been a better, The Preachers ought not to have meddled in that business. and wiser part in these Preachers, to have excused themselves from giving any opinion in these matters, for they might be sure to have it cast in their teeth, to the scandal of their profession. Neither was the opinion they gave sound in itself, not had it any warrant in the word of God; for howbeit the power of the Magistrates be limited, and their office prescribed by God, and that they may likewise fall into great offences, yet it is no where permitted to subjects to call their Princes in question, or to make insurrections against them, God having reserved the punishment of Princes to himself. And for the ensamples they alleged, The examples they brought, did not warrant their opinion. they are nothing to the purpose; for Asa was King of judah, and in possession of the Crown, and Maacha, though in nature his Mother, was by condition his subject, and might lawfully be discharged from the authority (which by his favour she enjoyed) after she fell to the erecting and worshipping of Idols. As to the ensample of jehu, it is nothing better, seeing what he did was by God's express Commandment, who giveth and taketh away Kingdoms as he pleaseth; but no man hath this power, and they that presume otherwise, go expressly against the Commandment of God, and the duty of Christian profession. Always the Lords and others then assembled, Act depriving Queen Regent of her government. as having now their determination sufficiently warranted, fell to gather the voices of such as were present, who all uniformly consented to her deprivation. So by an Act, and Decree of Council, (wherein were reckoned out all the enormities alleged to have been committed by Queen Regent; namely, the pursuing of the Barons and Burgesses of the Realm with open hostility, no process nor order of law being first used; nor they called and convict of any crime in lawful judgement; The thrusting in of Magistrates upon people within Burghes against their liking, and without any order of election; The inbringing of forainers into the Realm, without the advice and counsel of the Nobility; The laying of Garrisons in some Towns to the oppression of peaceable subjects; The coining of base money to the impoverishing of the country; The placing of a stranger in one of the greatest offices within the Realm, as the office of Chancellary, which she had conferred to Monsieur Ruby a French man; The sending of the great Seal forth of the Realm, against the advice of the Council; The altering of the Laws and Customs of the Realm, especially in graces and pardons granted to the Liege's, and the obstinate refusing of the Nobility and Barons their request, when they sought redress of these evils) they in name and by the authority of their Sovereigns did suspend the Commission granted to Queen Regent, discharging her of all authority until the next Parliament that should be called by their advice, and consent. Prohibiting likewise the officers and others serving her, under colour of the said authority, to exerce their offices from henceforth, and to coin either gold or silver without express consent of the Council and Nobility, conform to the laws of the Realm. This Act ordained to be published in all the head Burghes of the Kingdom, was subscribed in this manner; By us the Nobility and Commons of the Protestants of the Church of Scotland. Assoon as this Act was by found of Trumpet proclaimed, The Herald dimitted, and the Act intimated to the Queen by letters from the Lords. the Herald whom they had detained two days, was dismissed with an answer conceived in this form: By the letters and instructions you have sent by the Herald unto us, we take up how ill you are set against God his truth, the liberty of this our native country, and the common good of all. To defend these, as in duty we are bound, we in the name of our Sovereign Lord and Lady suspend your Commission, and all administration public which you thereby may pretend, as being assured that your proceedings are direct contrary to their minds, which we know are inclined to the weal and common good of the country. And seeing you refuse us who are natural born subjects of the Realm to be your Counsellors, we will no longer acknowledge you for our Regent, and lawful Magistrate, considering the authority (if any you have committed unto you by our Sovereigns) is for most just and weighty reasons suspended by us in their name, whose Counsellors we are by birth, in these matters chiefly, that concern the safety of the Commonwealth. And howbeit we have determined, with the hazard of our lives to set that Town at liberty, wherein you have most injustly planted your mercenary soldiers and strangers, yet for the reverence we bear unto you, as being the mother of our Queen, we earnestly beseech you to depart thence at this time, when we constrained by public necessity are by force of Arms to recover it. We further request you to bring forth of the Town with yourself, all that carry themselves as Ambassadors, and are come unto the country, either for taking up of controversies, or assisting the government of public affairs, within the space of twenty four hours, and to cause the Captains, Lieutenants, and soldiers (whose blood we would gladly spare because of the old amity and friendship betwixt us and the Realm of France, which the marriage of our Sovereign Lady to that King, ought rather to increase then diminish) to remove themselves within the same space. This letter was subscribed, By all the Nobility and Barons present, the twenty third of October, 1559. The 25. The town of Leth summoned. day of the same month was the Town summoned, and all the Scots and French men, of whatsoever state and degree, commanded to leave the same within the space of 12. hours. This denied, and defiance given on both sides, there followed some light skirmishings, without any great slaughter. The Lords had resolved to enter the Town by scalade, and were preparing ladders for that use, which being dressed in S. Giles Church, did impede the ordinary meetings to Sermon and Prayer, to the great offence to the Preachers, who in their Sermons did sharply reprove that intermission of religious exercises, foretelling that the enterprise could have no good success, which brought with it in the beginning such a neglect of God his service. And so indeed it proved, for upon the sudden they became so terrified, as not only was that purpose of the scalade broken, but very nigh they were to have utterly forsaken the cause. The Duke grew fearful by the falling away of some to the Queen, the soldier's mutinied in default of their pay; they found their most secret counsels also disclosed, and had lately intercepted letters with a servant of james Balfour, as he was going to Leh, giving intelligence of all their purposes. These things with some others more, did cast them in a great diffidence one of another. But such as were of better courage, Moneys failing, they sent to borrow from England. taking counsel how to remedy those evils, made it their first care to content the soldiers. And because there was no way to do this, but by present money, it was devised that a collection should be made amongst the Lords and Barons; by whom some being unprovided, others niggardly disposed, the sum could not be made up which was required. Thereupon it was agreed that every Nobleman should give his silver plate to be coined for supply of the present necessity. But when that came to be done, the irons and instruments of the Minthouse could not be found. This failing, their only hope of relief was from England, and that they considered could not come in due time; whereupon they resolved to use their private credit with Sir Ralph Sadler, and Sir james Crofts (who had the charge of the Town of Barwick) and borrow of them some moneys. In this business Sir john Cockburn of Ormston was employed, whose journey was not so closely carried, but the Queen had notice both of it and his errand. Thereupon she dealeth with the Earl of Bothwell to lie in Ormston his way, The Laird of Ormston surprised by Bothwel, and spoiled of his money. and surprise him with the money at his return. The Earl had but a few days before sworn solemnly to be no enemy to the Lords, and had given hopes to join with them, so as no danger was suspected from him: yet not regarding his oath, he came upon the Gentleman at unawares, and after some wounds given him took him prisoner, and robbed him of four thousand Crowns, which he had received in loan. The rumour hereof coming to the Lords, the Earl of Arrane, and Lord james taking some companies of horse with them, made towards Creichton, whither Bothwel (as they were advertised) was gone, But finding that he was escaped they seized upon the house, The house of Creichion on taken. and gave it in keeping to Captain Forbes. The same day that this happened, The Provost of Dundy put to flight by the soldiers at Leth. the Provost of Dundy with his Townsmen, and a few mercenary soldiers, went down towards Leth carrying with them some pieces of Artillery, which he planted on a hill near unto the Town. The French had warning, that most of the horsemen were gone about other business, and knowing the footmen to be few, made a sally upon them with some companies. The Townsmen of Dundy sustained the fight for a while, trusting to be seconded by the soldiers, but they turned backs in the very beginning of the conflict, the townsmen were forced to retire, keeping still their ranks, till a cry was raised that the French were entering by Leth Wind, to cut them off from the Town. This caused such a perturbation, as every man took the way he held best for his safety; and in the flight (as commonly it falleth) one hindering another, many were overthrown, some ten soldiers were killed, Captain Mowak taken prisoner, and Mr. Charles Geddes servant to the Master of Maxwell. The flight held to the midst of the Canon gate, where the Earl of Argyle, and Lord Robert Abbot of Halirudhouse turned the Chase, and pursuing the French, made them fly as fast as they followed. This little advantage of the French made Bothwel so insolent, as he simply refused to restore the moneys he had taken. And thus all hopes of money failing, and the soldiers refusing to serve, some not of the meanest sort, stole away secretly, the few that remained were distracted in opinions among themselves, and grew doubtful what to do. The fifth of November upon advertisement that the French were issued forth of Leth, A conflict betwixt the Scots and French to intercept the provision that was carrying to Edinburgh, the Earl of Arrane, and Lord james, with their domestics, went out to defend the Careers, and were followed with divers of the Citizens, these giving the onset upon the French with more courage than foresight, advanced so far, as they were almost encompassed by the enemy, and cut off from the Town. For the French had divided their companies in two: one part took the way directly from Leth to Halirudhouse, the other marched somewhat more Eastward, and nearer the Sea. The Lords who were gone as far as Restalrig, beholding the French to march towards Edinburgh, returned with expedition, fearing the case of the Citizens, and that they themselves should be cut off; which in all appearance had been done, if the Laird of Grange and Alexander Whitlaw with a few horsemen had not kept them in skirmish for a little time. The other French companies that came by Restalrig beholding the Lords retire, made after them, and pursued so hotly, as the Earl of Arrane, and Lord james, were forced to quit their horses for safety of the foot, who were in great disorder. Captain Alexander Halliberton, a man of good spirit, and forward in the cause of Religion, staying behind to hold off the French, received divers wounds, whereof the same night he died. In this conflict there fell some 25. or 30. men. The Master of Buchan, with the Lairds of Pitmilly, Fairnay, and some others of smaller note were taken prisoners. A little before this time William Maitland of Lethington Secretary to the Queen, Secretary Lethington forsaketh the Queen Regent. perceiving that he was hated of the French for the freedom he used in his counsel, did secretly withdraw himself, and joined with the Lords. He was earnest to have them abide together, laying before them the dangers, that might ensue upon their dissolving, but few or none consenting, conclusion was taken to leave the Town, and after midnight to depart towards Striveling. The day after the Lords departing, the French went up to Edinburgh, The Lords leave Edinburgh, and the French possess the Town. and took possession of the Town. All that professed the Religion, were compelled to fly, and seek their refuge in other places. Mr. Willock the Minister went unto England, and immediately was the Roman service restored. The Church of S. Giles (as if infected with some contagion by the Sermons preached therein) was of new hallowed by the Bishop of Amiens, with a number of Ceremonies; and such triumphing was amongst the Popish sort, as they thought the game to be theirs. The Queen sent advertisement to France, requiring new forces with expedition, to make the victory absolute. Whereupon the marquis D'Elbeuf, and Count Martiques a young Nobleman were directed with some companies both of foot and horse; The Queen sendeth for new forces from France. but they embarking at Deep were dispersed by tempest, 18. Ensigns cast away upon the coast of Holland, and the rest driven back into France. A while after the marquis putting to Sea arrived at Leth about the beginning of the spring, with a thousand foot, and some few horsemen. The Lords at their coming to Striveling were in great heaviness, The Lords send to England for a supply. and doubtful what course to take, till encouraged by a Sermon that john Knox made unto them they gathered new spirits, resolving to send unto England for supply, and till answer should come to divide their companies. The Duke and Earl of Glencarne, with the Lords Boyde, Ochiltry, and their friends were appointed to remain at Glasgow; the Earls of Arrane and Rothes, Lord james, the Master of Lindesay, and their friendship to stay together in Fife; and for making intelligence one to the other, Mr. Henry Balnaves was ordained to attend the Noblemen at Glasgow, and john Knox these of Fife. The Duke at his coming to Glasgow caused all the Images and Altars to be pulled down, Altars and Images demolished at Glasgow. and took the Castle pertaining to the Bishop. Upon the report of this, the Bishop taking with him a number of French men, and assisted by the Lords Semple, Seaton, and Rosse, marched hastily thither, recovered the Castle, (for the Lords advertised of their coming, The Bishop recovereth the Castle. had left the Town) and staying there one only night, returned to Edinburgh. In Fife there was more quietness, all things continuing peaceable, till a little before Christmas, at which time answer was returned from England, and hopes given of support from thence. William Maitland younger of Lethington, and Robert Melvil brother of the Laird of Raith, Commissions sent unto England. had been entrusted with that business. They at their coming to the Court of England, did inform the Queen of the troubles of the country, the difficulties whereunto it was reduced, and the danger that England should fall into, if Scotland were once subdued by the French, entreating her aid and assistance for their expulsion. She remitting the matter to the Council, it was long debated, whether or no any supply should be granted: some maintaining that it was a thing of ill example to assist the subjects of another Prince in their Rebellion, and that the same might draw upon themselves a dangerous war. Others holding that they were obliged in conscience to defend their neighbours from the oppression of strangers; and that to suffer the French, who were naturally enemies to the English, A supply granted, and the Duke of Norfolk sent to treat of the conditions. fortify themselves in Scotland, would prove a hurtful and preposterous course. In end the Queen inclining that way, it was concluded that a supply should be granted, and the Duke of Norfolk sent to Berwick to treat of the conditions with the Commissioners of the Scottish Nobility. The French advertised of this conclusion taken, The French resolve to make an end of the war before the English be prepared. resolved to make an end of the war before the English support could be in readiness, and to begin with the Lords residing at Fife, Thereupon taking their journey to Striveling, they spoiled Linlithgow in the way, with the lands of Kinneil, and all that they understood belonged to the Duke in those parts. The like pillage they made in Striveling, and passing the Bridge they kept the side of the River, robbing all the villages, and Coast Towns which were in their way. It was their purpose to have kept the coast still, till they came to S. Andrews, and then to have fortified the Castle, and City: but the Earl of Arrane and Lord james hearing that they were past Striveling, sent some forces under the charge of the Lord Ruthven, a Nobleman of good experience and courage, to withstand their attempts. In his company was the Earl of Sutherland, who was come to the Lords some days before, directed as he gave out by the Earl of Huntley to make offer of his assistance; howbeit his principal Commission was unto the Queen Regent, as afterwards was known. The first encounter with the French was at Pitticurre, An encounter with the French at Pitticurre. (so they call the Haven on the West of Kingorne) by occasion of some small vessels that were espied to come from Leth, which as the Lord Ruthven did stop from landing, the French that were further advanced than he supposed, did charge him on the back, and forced him to fly, six or seven soldiers were killed in this conflict, and a Dutchman called Paul Lambird, with a French boy taken and hanged upon the Steeple of Kingarne. The Earl of Sutherland wounded a little in the Arm with the shot of an Harquebuse, returned the same day to Couper. The Lords, The Lords came to Dysert to stay the progress of the French. to stay the further progress of the French, drew all the forces they could make in these parts to the Town of Dysert, where they remained 20. days together, keeping the French soldiers (that were numbered to be 4000) in such work that the country was generally saved from spoil, and the hurt and damage that was done, falling for the greatest part upon their friends and confederates; For of all that were professed enemies to the French, the Laird of Grange only had his house blown up with Gunpowder; whereas the Laird of Weimes, Seafield, Balmaito, Balwery, Balgony, Dury and others of the French, faction, were forced to furnish them with corns, cattle, and what else they stood in need of; or if the soldiers lacked any thing, the readiest goods upon their ground were taken to provide them. Hereof divers complaints being made to the French Captains, the poor owners were scornfully answered, that their goods were of the Congregation; and if they made faith that the same were their own proper goods, they were railed upon, and called cowards and unworthy niggards, that made more account of their goods then of their friends. Such as professed Religion, and expected the worst, putting their goods out of the way, or standing to their defence, were in a much better condition; and Grange who had his house cast down as I have said, avenged himself sufficiently a few days after. For knowing that the French used to send forth some soldiers into the country every day to bring in provision, The Laird of Grange defeats a company of the French. he laid an Ambush near to Kingorne, and as Captain le Batu with an hundred soldiers came forth, after they were passed a mile from the town, he broke upon them with a number that he had selected to that purpose; the Captain with his soldiers retiring to a little country house, defended themselves a while with their shot, and dangerously wounded David Kircaldy brother to the Laird of Grange, and a Gentleman called Robert Hamilton, who were both at first supposed to be slain. The French had the advantage, for they were within ditches, and Le Batu having taken a little house, kept the gate with some Harquebuses. Grange and his company carried spears only, yet in that heat of valour, which ordinarily at such occasions he showed, he rushed in upon the French and was followed by the Master of Lindesay, and others whom his example did animate. The Captain refusing to render himself with fifty of his company was slain, the rest were all taken, and sent prisoners to Dundy. By this time the Lords that remained in the West parts, Commissioners sent to treat with Norfolk. being advertised of the answer returned from England, and how the Duke of Norfolk was coming to Berwick to attend the Scottish Commissioners, that should be chosen to treat of the conditions of the supply, they sent of their number some to assist the Noblemen of Fife in making that choice. The meeting was at Couper, where by common consent choice was made of Lord james, the Lord Ruthven, the Masters of Maxwel and Lindesay, the Laird Lethington younger, and Laird of Pittarrow, and Mr. Henry Balnaves; and power given them by the Duke and remnant Lords to contract and agree with the Queen of England and her Lieutenant, upon all such things as might serve for the good and conjunction of the two Kingdoms, and particularly for expelling the French soldiers out of the Realm of Scotland. These taking journey by Sea came about the midst of February to Berwick, and after some short treaty a contract was form betwixt Thomas Duke of Norfolk, Earl Marshal of England, and Lieutenant to the Queen's Majesty in the North, in name and behalf of her Highness on the one part, and Lord james Stewart, Patrick Lord Ruthven, Sir john Maxwel of Tareglife Knight, William Maitland of Lethington younger, john Wishart of Pittarrow, and Mr. Henry Balnaves of Halhil, in name and behalf of the noble and mighty Prince james Duke of Chattellerault, second person of the Realm of Scotland, and the remnant Lords joined with him for maintenance and defence of the ancient Rights and liberties of the country on the other part, to the effect following. 1. That the Queen's Majesty having sufficiently understood as well by information from the Nobility of Scotland, as by the proceedings of the French, that they did intend to conquer the Realm of Scotland, The contract with England. suppress the Nobility thereof, and unite the same to the Crown of France, perpetually contrary to the Laws of the same Realm, and the pactions, oaths, and promises of France; and being most humbly and earnestly requested by the said Nobility, for and in the name of the whole Realm, to receive the Kingdom of Scotland, the Duke of Chattellerault declared heir to the Crown thereof, with the Nobility and other subjects into her protection and maintenance, only for preservation of the Scots in their own freedoms and liberties, during the time that the marriage did continue betwixt the Queen of Scots and the French King, and a year after, should employ her best means for and in their defence. 2. That her Majesty should send with all convenient diligence into Scotland a sufficient aid of men of war, horse and foot, with artillery, munition, and other instruments of war, as well by sea as by land, to join with the forces of Scotland, for the expelling the French forces presently within that Realm, and stopping so far as may be all others to enter therein in time coming. 3. That her Majesty should continue her aid to the Nobility and subjects of Scotland, until such time as the French (enemies to the said Realm) should be utterly expelled thence, and should transact, agree, nor conclude any league with the French, except the Scots and French should be also agreed, and the Realm of Scotland left in freedom; neither should she leave the maintenance of the said Nobility and other subjects, whereby they might fall as a prey into their enemy's hands, so long as they did acknowledge their Sovereign Lady and Queen, and should endeavour themselves to maintain their own liberty, and the estate of the Crown of Scotland. 4. If in case any Forts or Strengths within the Realm shall be recovered out of the hands of the French by her Majesty's aid, the same shoudl be immediately demolished, or delivered to the Duke of Chattellerault, and his partakers at their election; neither should the power of England fortify within the ground of Scotland, but by the advice of the said Duke, Nobility, and Estates of Scotland. 5. That the said Duke and Nobility, as well such as be already joined, as such as hereafter shall join with him for defence of the liberty of the Realm, should to the uttermost of their power aid and support her Majesty's Army against the French and their assisters with horse and foot, and all manner of other aid they possibly can make, and shall provide victuals to the Army by land and sea, and continue so doing, during the time her Majesty's Army shall remain in Scotland. 6. That they should be enemies to all such Scottish men and French, as shall in any ways show themselves enemies to the Realm of England for the aiding and supporting of the said Duke and Nobility, and should never assent nor permit the Realm of Scotland to be conquered or otherwise united to the Crown of France, than it is at the present, only by the marriage of the Queen their Soveraing to the French King, and as the Laws and liberties of the Realm do allow. 7. That if it should happen the French men at any time thereafter to invade or cause the Realm of England to be invaded, they should furnish the number of 1000, horsemen and 2000 footmen at the least, or such part of either of them as should be required, at the charge of the Queen of England▪ and should conduct the same to any part of the Realm of England, that should be appointed, upon the charges always of the Queen of England And in case the invasion should be made on the North part of England, either upon the North of the water of Tyne towards Scotland, or against Berwick, on the North side of the water of tweed, they should convene and gather their whole forces upon their own charges, and should join with the English power, and continue in an earnest pursuit of the quarrel of England, during the space of 30. days, or so much longer, as they are accustomed to abide in the fields for defence of Scotland. 8. That the Earl of Argyle, Lord Justice of Scotland, being presently joined with the said Duke, should employ his force, and good will, when he should be required by the Queen of England for reducing the North parts of Ireland to her obedience▪ conform to a mutual contract, which should be made betwixt her Majesty's Deputy of Ireland for the time and the said Earl, wherein should be expressed what each of them should do for support of others, in case either of them had business with Macc-o-neale, or any other of the Isles of Scotland, or Realm of Ireland. 9 That the Scots for performance and sure keeping of their part of this contract, should deliver such pledges to the Duke of Norfolk before the entry of her Majesty's Army in Scottish ground, as the said Duke did presently name, who should remain in England for the space of six months, and be exchanged by deliverance of new hostages, for six months to six months, or four months to four months, at the pleasure of Scotland; the pledges always being of the like or as good condition as the former, and the lawful sons, brethren, or heirs of some of the Earls or Barons of the Parliament: and the time of the continuance of the said hostages should be during the marriage of the Queen of Scots to the French King, and a year after the dissolution of the same, till further order may be had betwixt both the Realms for peace and concord. 10. That the Duke and Nobility joined with him being Earls and Barons of Parliament, should subscrive and ●eale these Articles within the space of twenty or thirty days at the furthest, after the delivering of the said hostages; and should procure, and persuade all others of the Nobility that should join themselves thereafter with the said Duke for the cause above specified, to subscrive and seal the same Articles within the space of twenty days after their conjunction, upon requisition made by them of England. 11. That the said Duke and Nobility joined with him, certainly understanding that the Queen's Majesty of England was moved to grant the present support only upon respect of Princely honour and neighbourhood, for defence of the freedom of Scotland from conquest, and not of any sinister intent; did by these presents testify and declare▪ that neither they nor any of them do mean by this contract to withdraw their due obedience from their Sovereign Lady the Queen, or yet to withstand the French King her husband, in any lawful thing which tendeth not to the subversion of the just and ancient liberties of Scotland, for the preservation whereof they acknowledge themselves bound to spend their goods, lands, and lives. This contract of the date at Berwick the 27. of February 1559. was confirmed by the Queen of England, and a Patent thereof delivered under the great Seal of England to the Duke and Nobility: the Lords of Scotland did in like manner ratify the same by their subscriptions, at the Camp before Leth the tenth of May following. How soon the French heard that the Lords were removed from Dysert, The French soldiers upon sight of the Navy return to Leth. they marched forward according to their first purpose towards S. Andrews, and kept the Coast, partly because of the ships which carried their victuals, partly by reason of a great snow which then was fallen, and made the nearest ways unpassable. After that they had crossed the water of Leven, and were come unto Kincraige, they espied a fleet of ships bearing up the Firth▪ which they did apprehend to be a supply sent unto them; but when they saw them fall upon the ships that carried their victuals they became doubtful, and shortly after, were assured by a boat which had spoken them▪ that it was an English Navy sent to the support of the Congregation, and that a land Army was also prepared to come into Scotland. These news troubled them not a little, and made them doubtful what course to take; for to return by Striveling was a long way, and to transport the soldiers to the other coast, there were no vessels, so as they feared to be kept from joining with their fellows at Leth. Their resolution therefore was to make the longer journeys, as they did; and setting to the way the same night, they came on the third day to Leth, having lost divers of their company by the way. Fife thus delivered from their oppressions, Divers houses in Fi●e taken by the Lord. public thanks were given to God in the Church of S. Andrews. This done, the Lords took purpose to besiege the houses of Weimes, An. 1560. Seafield, Bagome and Dury, which were taken without resistance, and the Lords thereof made prisoners; but shortly after they were dimitted, and the houses restored upon condition, not to assist the French any more. The Earl of Huntley at the same time being advertised that the Barons of Mernis were come to Aberdene to make reformation in that City, The Cathedral of Aberdene saved by the Earl of Huntl●y. hastened thither to withstand their proceedings, and by his coming saved the Cathedral Church; the houses of the Dominicans, Carmelites, and other Religions being already demolished, and cast down. Yet when he heard that the English forces were advancing, he sent to the Lords, and made offer to join with them. A meeting to this effect was appointed at Perth, whither he came, and staying some three days, departed homewards upon promise to return unto the Army in the beginning of April; for Proclamatinos' were gone through the country▪ charging all the subjects to meet in Arms at Linlithgow the last of March, and from thence to pass forwards in pursuit of the French that had fortified at Leth. For fulfilling the Article whereby the Lords were tied to send pledges unto England, Pledges s●nt to the Admiral of England. Colin Campbel Cousin to the Earl of Argyle, Robert Douglas brother to the Laird of Lochleven, and ... Ruthven son to the Lord Ruthven, were delivered to the English Admiral, and by sea conveyed to the Town of Newcastle. After which, The English forces enter into Scotland. the English forces consisting of 2000 horse, and six thousand foot, entered into Scotland, conducted by the Lord Grace, under whom commanded the Lord Scroop, Sir james Crofts, Sir Henry Percy, and Sir Francis Lake. The Scottish Army joined with them at Preston the fourth of April, whereof the principal leaders were, the Duke of Chattellerault, the Earls of Argyle, Glencarn, and Menteith, Lord james. the Lords Ruthven, Boyd, and Ochiltrie, who were assisted by all the Barons and Gentlemen professing Religion in Lothian, Fife, Angus, Mernis, and the West countries. Queen Regent entereth into the Castle of Edinburgh. The same day the Queen Regent removed her family to the Castle of Edinburgh, and was received by the Lord Aresken, a Nobleman of approved honesty and wisdom; he was not ignorant of the Queen's intentions, and the desire she had to have the French Masters of that strength; yet he would not at that time deny her entry, but used such circumspection, as she and the house both were still in his power. The Noblemen resolving to fall presently to work, A letter from the Lords to the Queen Regent. did yet think to move the Queen of new for dismissing the French companies, and to that effect they directed a letter of this tenor. Madame, We have often before this time by letters and messages been instant with you to remove the French soldiers out of the Realm, who now the space of a year and more have oppressed the poor people with evils intolerable, and threaten to bring this Kingdom under a miserable servitude. But seeing we could not prevail by our lawful requests, we were forced to mean our estate to the Queen of England our nearest neighbour, and entreat her support for expulsing these strangers by Arms (if otherwise we cannot obtain it.) And now albeit she pitying our distresses hath taken us and our cause in her protection, yet for the duty we owe unto you as the Mother of our Queen, and the desire we have to eschew the shedding of Christian blood, we have advised once again to entreat the dismission of these French men with their Captains and Commanders, for whose commodious transport the Queen of England will be pleased to lend her Navy, and give to others of them a safe passage by land. If this condition shall be rejected, we take God and men to record, that it is not malice nor hatred which moveth us to take Arms, but that we are driven by necessity to use extreme remedies for preserving the commonwealth, and saving ourselves, our estates, and posterities from utter ruin: neither shall we for any peril that can happen (howsoever we suffer many wrongs and indignities, and are daily in expectation of worse) forsake that dutiful obedience which we owe to our Queen, or yet resist the King her husband, in any thing that shall not tend to the subversion of the ancient liberties of this Kingdom. Therefore most gracious Queen, we beseech you again and again, to weigh the equity of our Petition, the inconveniences of war, and to consider how needful it is that thus your daughter's afflicted Kingdom should be put to some rest and quietness. If so you do, you shall give to all nations a testimony of your moderation, and procure the peace of the greatest part of Christendom. This letter dated at Dalkeith the fifth of April, was subscrived by all the Noblemen that were present. The English General did in like manner direct Sir George Howard, and Sir james Crof●s, to make offer that if the French would peacably depart forth of Scotland, The English General intreateth the Queen to dimit the French they likewise should return into their country without molesting any person. Her answer was, that she would think of what was propounded, and give answer the next day. But the Army not liking to admit these delays, advanced the next day, which was Saturday, towards Leth, keeping along the sea coast, till they came to Restalrig. The French issuing forth of Leth to the number of 1300. or thereby, and planting themselves upon a little hill called the Hawkhill, The first conflict of the siege of Leth. (where they knew the English Army would encamp) for the space of five hours continued in fight, the one striving to make good the place, the other to carry it. At last the Scottish horsemen did charge the French with suh a fury, that they not able to maintain it any longer, took the flight and retired to the Town, from which they had been quite cut off, if the English horse had seconded the Scots, as was appointed. In this conflict three hundred of the French were killed, and some few of the English. Then begun the Army of England to place their Pavilions betwixt the Town of Leth and Restalrig. The situation of the Scottish and English Camp. The Lord Grace lodging in the Deans house in Restalrig, and the most part of his horsemen in the same village, the foot lay all in the tents, upon the South and Southeast side of Leth, and near unto them were the Scots Noblemen encamped, trenches cast, and a little mount erected, which was called Mount Pellain, from the name of the Captain, whereupon eight Canons were placed to play upon S. Antony's Steeple, on which the French had planted some Ordinance. These thundering night and day battered the steeple, and forced the French to dismount their artillery. The English after this growing negligent, and supposing the French would make no more sallies, The French entered into the English trenches where divers were killed. followed their sports, some of the Captains going to Edinburgh, and the soldiers falling to play at Dice and Cards, as though there had been no enemies to fear: wherefore the French getting intelligence, they issued forth, and entering the English trenches before they were perceived, put many to the sword. The slaughter was great, and esteemed to exceed the loss of the French in the first encounter. This accident taught them to be more watchful all the time that the siege continued, A fire in the town of Leth, and because their numbers were so few for besieging the Town in all parts, they devised to raise certain mounts in every quarter, and to remove the Canon to the West side of the water of Leth. more near the walls then before. The last of April a sudden fire kindling within the Town, burned all that night, which destroyed many houses, and consumed a great part of the soldier's provision. During this burning, the English playing continually with the Canon upon the places where they saw the flames rising to stop the quenching of the fire; and entering the ditches did in the mean time measure the height of the walls to provide ladders for the scaling which they intended. The seventh of May having resolved to give an assault, The English thinking to scale the walls are repulsed. they brought the ladders a little before day towards the walls, but they proved too short, and so that purpose failed. The English lost 160. at this enterprise: such as were affected to the French, did hereupon take courage trusting the siege would rise, and the English Army depart but the accident did no way dismay either the English or Scots, every man animating another to constancy and continuance; and about the time came letters from the Duke of Norfolk, which greatly confirmed their minds. Thereby he charged them not to break up the siege by any means, assuring they should not lack men, so long as any could be had between tweed and Trent, (for in those bounds he commanded as Lieutenant) and giving hopes to come in person to the Camp, he caused his Pavilion to be set up, and sent thither his officers, and provision. Shortly after, a fresh supply came from England of 2000 men, which made all former losses to be forgotten. The French for some days made divers sallies, but were ever put to the worst; for all the hurt which fell either to Scottish or English, from that time until the rendering of the Town, was only the loss of two men, Robert Colvil of Cleish Master household to Lord james, a Gentleman much commended both for wisdom and valour, (he was wounded in the thigh by the shot of a great piece from the town, and died of it within two hours) and Alexander Lochart brother to the Laird of Bar, who lying too open in the trenches was discovered by the enemy, and shot in the head. The French King hearing in what distress the companies at Leth were, The offer of the French King to the Queen of England. and by reason of other affairs, not able to supply them in time, sent Count Randon and Monsieur Monlu●k Bishop of Valence Ambassadors to the Queen of England, desiring her to retire her Army out of Scotland, with offers to restore the town of Callais, if she would call them back; her answer was, The Queen's answer. that she did not value that fisher Town so much, as to hazard for it the state of Britain. The French perceiving that peace could not otherwise be made, but by calling back the French soldiers, and thinking it dishonourable for the King and Queen of France to treat with their own subjects they entreated the Queen of England to send her Ambassadors to mediate an agreement: Sir William Cecil and Doctor 〈◊〉 sent to mediate an agreement. which was easily assented unto, and Mr. William Cecil principal Secretary of England, with Doctor wotton Dean of Canterbury and York, appointed to go with the French Ambassadors into Scotland, and use their best means for pacifying the present troubles. Whilst they were in their journey, Queen Regent sickneth and dieth. Queen Regent partly out of sickness, and partly of displeasure, died in the Castle of Edinburgh the tenth of june, 1560. Before her death she desired to speak with the Duke of Chattellerault, the Earls of Argyle, Glencarn, She conferreth with the Lords before her death. Martial, and Lord james; to whom she expressed her grief for the troubles of the Realm, commending earnestly the study of peace unto them, advising them to send both French and English forth of the country, and beseeching them to continue in the obedience of the Queen their Sovereign, and to entertain the old amity with the King and Realm of France. After some speeches to this purpose bursting forth in tears, she asked pardon of then all whom any way she had offended, professing that she did forgive those who had injured her in any sort, and embracing all the Nobles one by one, kissing them, she took her farewell. To others of meaner sort that stood by, she gave her hand, and so they departed. Afterwards, disposing herself for another world, she sent for john Willock the Preacher, who was then returned from England, and conferring with him a reasonable space, openy professed, that she did trust to be saved only by the death and merits of jesus Christ: and thus ended her life most Christianly. She was a Lady of honest and honourable conditions, Queen Regent her just come lations. of singular judgement, and full of humanity, a great lover of justice, helpful to the poor, especially to those that she knew to be indigent, but for shame could not beg. Compassionate of women in travel, whom she did often visit in her own person, and help both with her skill and counsel. In her Court she kept a wonderful gravity, tolerating no licentiousness; her maids were always busied in some virtuous exercise, and to them she was an ensample every way of modesty, chastity, and the best virtues. A great dexterity she had in government, which appeared in the composing the tumults in the North, and in pacifying the Isles which by her wisdom were reduced to perfect obedience. ●s to those wars which afflicted the Kingdom in her last days, it is not to be doubted, but the same happened much against her will, neither had they fallen out at all, if affairs had been carried according to her mind. But she was to govern by direction, and in all matters of weight must needs attend responses from the French Court, which were the Oracles whereby all affairs at those times were framed. This made her in matters of Religion more severe then of her own nature she was, and led her into many errors of State, neglecting the Natives, and born Noblemen of the country, and following the counsels of the French that attended her, who making no conscience of their promises, and minding nothing but the bringing of Scotland in subjection to France, as they conceived things to serve unto their ends, moved her to follow courses unsure and dishonourable. Otherwise she was of a most mild disposition▪ and was heard often to say, The malice ● of the author of the story called john Knox his history. That if her own counsel might take place, she doubted nothing to compose all the dissensions within the Realm, and settle the same upon good conditions in a perfect tranquillity The Author of the story ascrived to john Knox in his whole discourse showeth a bitter and hateful spite against her, forging dishonest things, which was never so much as suspected by any, setting down his own conjectures as certain truths, and misinterpreting all her words and actions; yea the least syllable that did escape her in passion, he maketh in an argument of her cruel and inhuman disposition; but when he cometh to speak of her end he will have all her sickness, and death (though in none of the two there was any thing extraordinary) to be the judgement of God inflicted upon her, as if death and the ordinary visitations which bring death, were not common to Princes as well as others. Then for her burial, because by direction of her friends, and (as some say) at her own desire order was taken to carry her corpse to the Abbey of Rheims in Campaigne, where her sister was Abbess, which of all necessity required a protraction of time, he construed the delay to be the punishment of her inhumanity, and the want of sepulchre in this Kingdom, a prognostic of the short continuance of her race, and the Guisian blood (as he speaks) in this Realm. Pardon me good Reader for this digression. To detract from the same of Princes, and miscensure their words and actions, favoureth of malice, and no way becometh a Christian, much less a Minister of Christ. Shortly after the death of Queen Regent truce was taken for hearing the Ambassadors sent from France and England, A truce taken upon the death of the Queen Regent. who coming to Edinburgh, entered into consultation first amongst themselves, upon the best and easiest means to compose the present quarrels. Then calling to them certain of the Scottish Nobility, began to treat of the sending of the French soldiers forth of the Realm. Wherein two difficulties occurred. One was, that the Commissioners of France did urge the retaining of a number of men of war in some sorts of the country for the King and Queen, after peace was concluded. The other, that the companies that should be broken, might depart unchallenged with all their baggage. The Scottish Noblemen did oppose these desires, esteeming it unreasonable that they should be suffered to depart before they gave satisfaction to those they had wronged; And to place strangers in forts, they thought it could not but breed trouble, and occasion a new war more dangerous than the present. This contention held some days, at last both parties wearying, they were brought to agree upon the conditions following. 1. Conditions of the peace. That the French men of war in the town of Leth, should be sent home within the space of twenty days with bag and baggage; and for their better transport, should be furnished with ships of England, they giving pledges for the safe return of the same. 2. That Leth being rendered to the Lords of Scotland, the walls thereof should be demolished, as likewise the fortifications at Dumbar, if so it should seem good to the Lords after they had viewed the same; and that the King and Queen should make no new forts within the Realm, nor augment these that were already made, nor yet repair these that were demolished, without counsel and consent of the Estates. 3. That a Garrison of threescore French men should be permitted to remain in the Castle of Dumbar, and as many in the Isle of Inchkeeths, until the Estates should find means to maintain the said forts upon their own charges from all peril of foreign invasion; the said soldiers in the mean time living obedient to the laws of the Realm, and taking nothing from the subjects without payment of ready money. 4. That an Act of oblivion should be made for abolishing the memory of all injuries and wrongs attempted or committed against the laws of the Realm, since the sixth day of March, 1558. until the first of August 1560. which Act should be ratified in the next Parliament, and confirmed by the Queen with consent of her husband. 5. That a general peace and reconciliation should be made amongst the Lords and subjects of the Realm, so as they who were called of the Congregation, and they who were not of the same, should bear no quarrel to others for any thing done since the sixth of March, 1558. 6. That the King and Queen should not pursue, revenge, or suffer to be revenged, any violence or injury that had been done since the said time, nor should deprive or seek any colour to dispossess the subjects, or any of them, of the benefices, houses and estates which they have enjoyed before, they always continuing in the due obedience of their Sovereigns. And that it might be known that the King and Queen were not willing to keep any remembrance of the troubles past, it was accorded the Duke of Chattellerault, and all other Noblemen of Scotland should be repossessed in their livings and benefices within France, after the manner that they did enjoy the same, before the said sixth day of March; and that all capitulations agreed upon in time past, should be observed as well for the part of their Majesties, as the part of the Nobility and people of Scotland. 7. That where any Bishops, Abbots, or other Churchmen, should allege themselves to have received any injuries either in their persons or goods, the same should be considered by the Estates of Parliament, and redress made according to reason; and in the mean time, that no man should stop them to enjoy their rents, nor do any hurt or violence to their persons; and if any should do contrary to this Article, he should be pursued by the Lords as a perturber of the Commonwealth. 8. That in time coming the King and Queen should depute no strangers in the administration of Civil and Common Justice, nor bestow the offices of Chancellary, Thesaurer, Comptrollary, and the like upon others, then born subjects of the Realm: as likewise that it should not be lawful to give the office of Thesaurary, or Comptrollary to any Churchman or other person that is not able to administrate the same. Further, that the Thesaurer and controller appointed by them, and instructed with sufficient commission, should do nothing in disposing of casualties without the consent of the Council, to the effect all things may be done for the profit of the King and Queen: yet should it not be thought that this Article did either bind the King or Queen, but that they may give where and when they should think expedient. 9 That the Estates of the Realm should convene and hold a Parliament in the month of August next, for which a Commission should be sent from the French King, and the Queen of Scotland, and that the said convention should be as lawful in all respects, as if the same had been ordained by the express Commandment of their Majesties: providing all tumults of war be discharged, and they who ought by their places to be present, may come without fear. 10. That for the better government of this Realm choice should be made of a Council which should consist of twelve worthy men of the Kingdom, of which number the Queen should choose seven, and the Estates five; which twelve in their Majesty's absence should take order with the affairs of Government, and without their authority and consent nothing should be done in the administration of public business. And that the said Council should convene as oft as they might conveniently, but no fewer than six together; or if any matter of importance occurred, they should all be called, or the most part of them: providing it should not be prejudicial to the King and Queen, and to the Rights of the Crown. 11. That the King and Queen should neither make peace nor war in these parts, but by the counsel and advise of the Estates, according to the custom of the country, as it was observed by their predecessors. 12. That none of the Lords of the Nobility of Scotland should make convocation of men of war, except in ordinary cases approved by the laws and custom of the Realm, nor should any of them cause men of war strangers to come into these parts, much less attempt to do any thing against the King and Queen, or against the authority of the Council, and other Magistrates of the Realm; and in case any of them had occasion to take Arms, the same being first communicated to the Council, their Majesties likewise should be made acquainted therewith, and nothing to be done by them, that ought not to be done by good and faithful subjects, that love the quietness of the Realm, and will abide in the obedience of their Sovereigns. 13. That Lord David son to the Duke of Chattellerault, detained prisoner at Bois de Vincennes, should be put to liberty, and suffered to return into Scotland at his pleasure. 14. That with the French men no Artillery should be transported forth of the Realm, but those which were sent, and brought in since the decease of Francis the first, and that all other Artillery and Munition, especially that which hath the Arms of Scotland, should be put into the places out of which they were taken. 15. That the Army of England should return home immediately after the embarking of the French, and that all the Scottish men of war should be broken, and licenced to depart. 16. That for the Articles concerning Religion presented for the part of the Nobility and people of Scotland (which the Commissioners would not touch, but referred to their Majesties) it was promised that a certain number of Noblemen should be chosen in the next Convention and Parliament to be sent to their Majesties, to expone unto them the things that should be thought needful for the estate thereof; and for the Articles presently decided, they should carry with them the ratification of the same by the Estates, and return a confirmation thereof from their Majesties. Lastly, that the Queen of Scotland, and King of France should not hereafter usurp the titles of England, and Ireland, and should delete the Arms of England and Ireland out of their scutcheons and whole householdstuff. This accord made, The French embark, and the Army of England departeth. the French prepared to depart, and for returning the ships of England that were lent to transport them, the Bishop of Amiens and Monsieur le brooch remained hostages. On the sixteenth day of july the French embarked, and the same day did the English Army depart towards Berwick; the third day after their parting, a solemn thanksgiving was kept in the Church of S. Giles by the Lords, and others professing true Religion, The Ministers distributed amongst the burgh's. and then were the Ministers by common advice distributed among the burgh's. john Knox was appointed to serve at Edinburgh, Christopher Goodman at S. Andrews, Adam Heriote at Aberdene, john Row at Perth, William Christeson at Dundy, David Ferguson at Dunfermlin, Paul Methven at jedburgh, and Mr. David Lindesay at Leth; besides these they did nominate for the direction of Church affairs, some to be Superintendents, as Mr. john Spotswood for Lothian and Mers, Mr. john Winram for Fife, and john Areskin of Dun for Angus and Mernis, Mr. john Willock for Glasgow, and Mr. john Kerswel for Argyle and Isles; with this small number was the plantation of the Church at first undertaken. The time appointed for the Parliament approaching, A Parliament, and the lawfulness thereof questioned. warning was made to all such as by law or ancient custom had any voice therein to be present, and at the day the meeting was frequent; In the beginning there was great altercation, divers holding that no Parliament could be kept, seeing their Sovereigns had sent no Commission, nor authorised any to represent their persons. Others (alleging that Article of the peace whereby it was agreed, That a Parliament should be kept in the month of August, and that the same should be as lawful in all respects, as if it were ordained by the express commandments of their Majesties) maintained that the said Article was a warrant sufficient for their present meeting: and this opinion by voices prevailed. So after some eight days spent in these contentions, they began to treat of affairs, but as they had no commission, so the solemnities accustomed of Crown, Sceptre, and Sword, which are in use to be carried at these times, were neglected. There were present of the spiritual Estate, the Archbishop of S. Andrews, the Bishops of Dunkeld, Dumblane, Galloway, Argyle, and Isles; The Prior of S. Andrews, the Abbots of Couper, Landors, Culross, S. Colmes Inch, Newbottle, Halirudhouse, Kinlose, Deire, and New-Abbey, with the Priors of Coningham, and S. Marry Isle; Of the Nobility, the Lord Duke, the Earls of Arrane, Argyle, Marshal, Cassils', Cathnes, Athol, Glencarne, Merton, and Rothes: The Lords Ruthven, Glammis, Areskin, Boyd, Ochiltrie, Carlisle, Levingston, Ogilvy, and Somervil, with many of the inferior Barons; The Clergy offended with the election of the Lords of the Articles. and of the Commissioners of burgh's none were absent. In electing the Lords of the Articles, the Noblemen that had the nomination of the Clergy passing by such amongst them as they knew to be Popishly affected, made choice of the Bishops of Galloway, and Argyle, the Prior of S. Andrews, the Abbots of Abberbrothock, Kilwining, Lundors, Newbottle, and Culross; at which the Prelates stormed mightily, alleging that some of them were mere Laics, and all of them Apostates (for they had openly renounced popery, and joined themselves with the Professors of the truth) but there was no remedy, the course was changed; and now it behoved them to take law, who formerly had given it to others. The first thing they moved in the Articles, Petitions proponed in favour of the Reformers. was a supplication of the Barons, Gentlemen, Burgesses, and other subjects concerning religion, wherein three things were petitioned. First, that the Doctrine of the Roman Church professed and tyrannously maintained by the Clergy should be condemned, and by Act of Parliament abolished. Some particulars they named, such as the Doctrine of Transubstantiation, the adoration of Christ's body under the form of bread, the merit of works, Papistical Indulgences, Purgatory, Pilgrimage, and praying to Saints departed. These they reckoned to be pestilent errors, such as could not but bring damnation to the souls of those who were therewith infected: therefore desired a punishment to be appointed for the teachers and maintainers of such Doctrines. Next, that a remedy should be found against the profaning of the holy Sacraments by men of that profession, and the true Discipline of the ancient Church revived and restored. Thirdly, that the Pope of Rome his usurped authority should be discharged, and the patrimony of the Church employed to the sustentation of the Ministry, the provision of Schools, and entertainment of the poor, of a long time neglected. This last clause was not very pleasing to divers of the Nobility, who though they liked well to have the Pope his authority and doctrine condemned, had no will to quit the Church Patrimony, wherewith in that stirring time they had possessed themselves. So making no answer to the last point; the Ministers were desired to draw into several heads the sum of the Doctrine they craved to be established, that the same might be seen and considered by the Parliament. This accordingly was done, and the fourth day after (which was the 17. of August) exhibited to the Estates under this title, The Confession of Faith put in form and presented. [The confession of the Faith and Doctrine, believed and professed by the Protestants of Scotland;] It is the same confession word by word that you have registered in the first Parliament of King james the sixth, which (that the story may on with an uninterrupted delivery) I thought not needful here to insert. The Confession read in open Parliament and put to voices, the Earl of Athol, the Lords Sommervill and Bothwick only of all the temporal Estate disassented, The Confession approved. saying, They would believe as their fathers before them had believed. The Popish Prelates were silent, and answered nothing; whereupon the Earl Martial broke forth into these speeches; It is long since I carried some favour unto the truth, and was somewhat jealous of the Roman religion, but this day hath fully resolved me of the truth of the one, and falsehood of the other: for seeing my Lords the Bishops (who by their learning can, and for the zeal they should have to the truth, would as I suppose gainsay any thing repugnant unto it) say nothing against the confession we have heard, I cannot think but it is the very truth of God, and the contrary of it false and deceivable doctrine. Thus was the confession of Faith approved, and by public voices of the Estates authorized. At the same time there passed three other Acts in favour of the Professors; one for abolishing the Pope's Jurisdiction and authority within the Realm; The Pope's authority abolished. a second annulling all Statutes made in preceding times for maintenance of idolatry; and a third for punishment of the sayers and hearers of Mass. With these Acts Sr. james Sandelands' Knight of the Rhodes, The Lord Torpichen directed to France. a Gentleman of good account (who had carried himself as neuter in all these broils) was directed to France for obtaining a ratification of the same from the Queen and the King her husband; and therewith was desired to clear the Noblemen and other Subjects from imputations of disloyalty cast upon them, and to pacify the minds of their Sovereigns, (whom they understood to be much exasperated) by all the good ways he could use. But he found his Ambassage and himself both contemned; the Guisians (who were the only men then in account with the King) checking him bitterly at his first audience, for that he being a Knight of the holy Order, should have taken a Commission from Rebels to solicit a ratification of execrable Heresies: The Gentleman did what he could to mitigate their wrath, but nothing could avail. So was he dismissed without answer, whereof the Archbishop of Glasgow, the Abbot of Dunfermlin, and the Lord Seaton, 〈◊〉 from Leth with the company of French, were generally blamed. The cold entertainment he found in that Court was soon advertised; The Earls Morton and Glencarn sent into England. which troubled greatly the 〈◊〉 of the Professors, for they were sensible of their own weakness, and 〈…〉 from England, if France should again invade, because of the loss the 〈…〉 received in the late expedition; neither had the Earl of Morton and Glencarn (who upon the breaking up of the Parliament were sent into England to render thanks to the Queen, and to entreat the continuance of her favour) given any advertisement of their acceptance. But whilst they stood thus fearful, The French King dieth. news was brought of the French Kings death, which raised their hearts not a little, neither were they more glad, than the French faction were sorrowful. These meeting in the most secret manner they could, Mr john Lesly sent from the French faction to persuade the Queen's return. took counsel to send Mr. john Lesley (afterwards Bishop of Rosse) with letters to the Queen, entreating her to return into Scotland; withal to show her that the best course she could take, was to land at Aberdene, where she should be honourably received, and find such assistance of the Noblemen in these quarters, as at her first coming she might re-establish the Catholic Religion: he was also desired to warn the Queen not to give ear to the counsels of her brother, who (as they said) was of an aspiring mind, and aimed at no less than the Government of the Realm; whom she should do wisely to cause be detained in France, till matters at home were fully settled. The letter he carried was subscribed by the Archbishop of Saint. Andrew's, the Bishops of Aberdene, Murray and Rosse; the Earls of Huntly, Craford, Athol, Sutherland, and Cathnesse. On the other side the Noblemen that had assisted the expulsion of the French, Lord james by the Noblemen of the Reformation to the same end. how soon they heard of the death of King Francis convened at Edinburgh, and after counsel taken directed Lord james to the Queen to persuade her in like manner to return: But Lesly using greater diligence came to her some days before him, and finding her at Vitrie in Champagne, (wthier she was gone to seek a secret place for her sorrow) delivered the letters and credit he was trusted with. The Queen hearing all, answered, that the Prelates and Noblemen by whom he was employed, should rest assured of her favour, willing him to advertise so much, and to attend till she could resolve upon her return. Incontinent after Leslies coming the Queen's uncles did enter in deliberation what course was best for her to take, and whether or not she should return to Scotland; for they conceived the passage by Sea would be dangerous, (she not being assured of the Queen of England's friendship) And in her own Kingdom the late troubles not being fully appeased, they considered her peril would be great, The Queen resolveth to return. and that she should be cast in many difficulties: yet finding her own mind to incline that way, and hoping to have her more subject to their counsels whilst she lived at home, then if she remained in France; they resolved to give way to her return, and to provide a fleet for her safe transport. Lord james at his coming, though he was advertised of the conclusion taken, yet dissembling his knowledge thereof, did signify the great desire that the subjects had to enjoy her presence, and their longing for her return, using the best reasons he could to persuade her unto it. Hereby she was much confirmed in her purpose, and after a day or two imparting to him her resolution, willed him to return with diligence, and making advertisement of her journey, take care that nothing should be attempted against the pacification made at Leth before her coming. In March following there arrived at Leth one Noalius a Senator of Bordeaux, An ambassage from France. bringing a Commission from the King that had now succeeded his brother, whereby three things were craved; First, that the old league betwixt France and Scotland should be renewed. Secondly, that the late confederacy with England should be dissolved. Thirdly, that the Churchmen should be restored to their places, from which they had been thrust. The Council not willing to meddle with matters of that importance, delayed his answer to the Convention appointed in May, at which time Lord james returned; he had audience and answer given him to this effect: That the Scots were no way conscious to themselves of any breach of the ancient league, but chose the French had broken to them, seeking of late 〈◊〉 deprive them of their ancient liberties, and under the profession of friendship to bring them into a miserable servitude. That they could not violate the contract made with England, except they would 〈◊〉 accounted of all men living the most ingrate; for having received the greatest 〈◊〉 and benefit at the hands of the English, which one neighbour Nation could possibly 〈◊〉 another, if they should requite them with such ingratitude, they would bring upon themselves a perpetual and everlasting shame. And for repairing the Churchmen in their places, they said that they did not acknowledge those whom they so styled to be Office-bearers in the Church, and that Scotland having renounced the Pope, would maintain no longer his Priests and vassals. Noalius dismissed with this answer, Morton and Glencam return from England. the Earls of Morton and Glencarn, who a little before this time were returned from England, did relate the good acceptance they received from the Queen, and the promises she made to assist them in the defence of the liberties of the Kingdom, if they should stand in need at any time of her help; which was heard with great content. They had been trusted with a more private business; this was to try if the Queen might be pleased to take the Earl of Arrane to her husband, and that way to unite the Kingdoms in a more firm amity. But to this she did in fair terms answer, That she was not as yet wearied of the single life, and professing herself adepted to the Nobleman's good affection, said that if she should try her kindness in any other matter, he should find his love not ill bestowed. The Earl took the repulse more patiently, because of the French Kings death, and trusting he should gain the favour of his own Queen, whom he greatly affected: but of this he was likewise disappointed as we will hear. IN the Convention kept at Edinburgh in january preceding a form of Church-policy was presented, A form of Church policy. and desired to be ratified. Because this will fall to be often mentioned, and serveth to the clearing of many questions which were afterward agitated in the Church; I thought meet word by word here to insert the same, that the Reader may see what were the grounds laid down at first for the Government of the Church, so we shall the better decern of the changes that followed. The first Head of Doctrine. SEeing that Christ jesus is he whom God the Father hath commended only to be heard and followed of his sheep, we judge it necessary, that his Gospel be truly and openly preached in every Church and Assembly of this Realm, and that all Doctrine repugning to the same be utterly suppressed as damnable to man's salvation. The Explication of the first Head. Lest that upon this our generality ungodly men take occasion to cavil, this we add for explication; By preaching of the Gospel, we understand not only the Scriptures of the New Testament, but also the Old; to wit, the Law, the Prophets, and Histories, in which Christ jesus is no less contained in figure, than we have him now expressed in virtue; And therefore with the Apostle we affirm, that all Scripture inspired of God, is profitable to instruct, to reprove, and to exhort. In which books of Old and New Testaments we affirm that all things necessary for the instruction of the Church, and to make the man of God perfect, are contained and sufficiently expressed. By the contrary Doctrine we understand, whatsoever men by Laws, Counsels, or Constitutions have imposed upon the consciences of men without the express Commandment of God's word; such as are the vows of chastity, forswearing of marriage, binding of men and women to a several and disguised apparel, to the superstitious observing of Fasting-days, difference of meats for conscience sake, prayer for the dead, and keeping of Holy days of certain Saints, commanded by man, such as be all these the Papists have invented, as the Feasts (so as they term them) of the Apostles, Martyrs, Virgins; of Christmas, Circumcision, Epiphany, Purification, and other said Feasts of our Lady: which things because in the Scriptures of God they neither have commandment, nor assurance, we judge them utterly to be abolished from this Realm. Affirming further, that the obstinate maintainers and teachers of such abominations ought not to escape the punishment of the Civil Magistrate. The second head of Sacraments. TO Christ jesus his holy Gospel truly preached, of necessity it is that his holy Sacraments be annexed and truly ministered as seals, and visible confirmations of the spiritual promises contained in the words. These Sacraments are two; to wit, Baptism, and the holy Supper of the Lord jesus; which are then rightly ministered, when by a lawful Minister the people before the administration of the same, are plainly instructed and put in mind of God's free grace and mercy offered unto the penitent in Christ jesus, when God's promises are rehearsed, the end and use of the Sacraments preached and declared in such a language, as the people do understand; when also to them nothing is added, and from them nothing diminished, and in their administration all things done according to the institution of the Lord jesus, and practice of his holy Apostles. And albeit the order of Geneva, which now is used in some of our Churches, is sufficient to instruct the diligent Reader how that both these Sacraments may be rightly ministered, yet for an uniformity to be kept, we thought good to add this as superabundant. In Baptism we acknowledge nothing to be used except the element of water only, and that the word and declaration of the promises (as we said before) ought to precede: therefore whosoever presumeth in Baptism to use oil, salt, wax, spittle, conjuration and crossing, as they accuse the institution of Christ of imperfection, (for it was void of all these inventions) so for altering Christ's perfect Ordinance they ought to be severely punished. The table of the Lord is then most rightly ministered, when it approacheth most nigh to Christ's own action. But plain it is that at the Supper Christ jesus sat with his Disciples, and therefore do we judge, that sitting at table is most convenient to that holy action; that Bread and Wine ought to be given, distribution of the same made, that the Bread should be taken and eaten, and likewise that all should drink of the Cup, with declaration what both the one and the other is. For touching the damnable error of the Papists, who defraud the people of the Cup of the Lords blood, their error is so manifest, as it needeth no confutation. That the Minister break the bread, and distribute the same to those that be next unto him, commanding the rest every one with reverence and sobriety to break with other, we think it nearest to Christ's action and to the perfect practice of the Apostles, as we read in Saint Paul. During which action we think it necessary, that some comfortable places of Scripture be read, which may bring in mind the death of the Lord jesus, and the benefit of the same: for seeing in that Action we ought chiefly to remember the Lords death, we judge the Scriptures making mention of the same, most apt to stir up our dull minds then, and at all times. The Ministers at their discretion may appoint the places to be read as they think good; but what times we think most convenient for ministration of the one and other Sacrament, shall be declared when we come to the policy of the Church. The third head touching the abolishing of Idolatry. AS we require Christ jesus to be truly preached, and his holy Sacraments rightly ministered; so we can not cease to require Idolatry with all monuments and places of the same, as Abbeys, Chapels, Monkeries, Friars, Nunneries, Chantries, Cathedral Churches, Chanonries, Colleges, other then presently are Parish Churches or Schools, to be utterly suppressed in all places of this Realm; Palaces, Mansions and dwelling houses, with their Orchards and Gardens, only excepted. As also we desire that no persons, of what estate or condition soever they be, be permitted to use idolatrous service; for that wheresoever idolatry is maintained, if so it may be suppressed, the wrath of God shall reign both upon the blind and obstinate idolaters, and those that negligently suffer the same. By Idolatry we understand, the Mass, invocation of Saints, adoration of Images, and the keeping and retaining of the same; finally, all honouring of God, not contained in his holy word. The fourth head concerning Ministers and their lawful Election. IN a Church reform or tending to reformation none ought to presume, either to preach, or yet minister the Sacraments, until they be called orderly to the same. Ordinary vocation consisteth in Election, Examination and Admission; and because the election of Ministers in Papistry hath been altogether abused, we think expedient to entreat of it more largely. It appertaineth to the people and to every several congregation to elect their Minister, and in case they be found negligent therein the space of forty days, the best reformed Church, to wit, the Church of the Superintendent with his council, may present unto them a man that they judge apt to feed the flock of Christ jesus, who must be examined as well in life and manners, as in doctrine and knowledge. That this may be done with more exact diligence, the persons who are to be examined, must be commanded to appear before men of soundest judgement, remaining in some principal town, next adjacent unto them. As they that be in Fife, Angus, Mernis or Stratherne to present themselves in St. Andrew's; those that be in Lothian, Mers, or Tivio●dale, in Edinburgh; and likewise those that be in other countries, must resort to the best reformed Cities and Towns, that is, to the Town of the Superintendent, where first in the Schools, or failing thereof in open assembly, and before the congregation they must give declaration of their gifts, utterance and knowledge by interpreting some place of Scripture to be appointed by the Ministry; which being ended, the person that is presented, or that offereth himself to the service of the Church, must be examined by the Ministers and Elders of the Church openly before all that list to hear, in all the chief points that be now in controversy betwixt us and the Papists, Anabaptists, Arrians, and other such enemies to the Christian Religion; In which if he be sound and able to persuade by wholesome Doctrine, and to convince the gainsayers, then must he be directed to the Church and Congregation where he would serve; that there in open audience of the flock he may preach and deliver his knowledge in the Article of Justification, the Offices of Christ jesus, the number, effect and use of the Sacraments, and finally, the whole Religion which hereto fore hath been corrupted by Papists. If his Doctrine be found wholesome and able to instruct the simple, and if the Church can justly reprehend nothing in his life, doctrine or utterance; then we judge the Church, which before was destitute, unreasonable, if they refuse him whom the Church doth offer, and that they should be compelled by the censure of the Council and Church to receive the person appointed and approved by the judgement of the Godly and Learned; unless that the same Church hath presented a man better or as well qualified to examination, before that the foresaid trial was taken of the person presented by the Council of the whole Church. As for example; the Council of the Church presents a man unto a Church to be their Minister, not knowing that they are otherwise provided; in the mean time the Church hath another sufficient in their judgement for that charge, whom they present to the learned Ministers, and next reform Church to be examined. In this case the presentation of the people to whom he should be appointed Pastor, must be preferred to the presentation of the Council or greater Church, unless the person presented by the inferior Church, be judged unable for the regiment by the learned. For this is always to be avoided, that no man be intruded or thrust in upon any congregation. But this liberty with all care must be reserved for every several Church, to have their voices and suffrages in election of their Ministers: Yet we do not call that violent intrusion, when the Council of the Church in the fear of God, regarding only the salvation of the people, offereth unto them a man sufficient to instruct them, whom they shall not be forced to admit before just examination, as is aforesaid. What may unable any Person that he may not be admitted to the Ministry of the Church. It is to be observed that no person noted with public infamy, or being unable to edify the Church by wholesome doctrine, or being known of corrupt judgement, be either promoted to the regiment of the Church, or yet retained in Ecclesiastical, administration. Explication. By public infamy we understand not common sins and offences which any hath committed in time of blindness by frailty, if he have declared himself truly penitent thereof by a more sober and better conversation; but such capital crimes as the Civil sword ought and may punish with death by the Word of God; for besides that the Apostle requireth the life of Ministers to be irreprehensible, that they may have a good testimony from those who be without, we esteem it a thing unseemly and dangerous, that he shall have public authority to preach to others everlasting life, from whom the Civil Magistrate may take the life temporal for a crime publicly committed. And if any will object, that the Prince hath pardoned his offence, and that he hath publicly repent the same: we say, that neither doth repentance take away the temporal punishment of the Law, nor the pardon of the Prince remove the infamy before. That the life and conversation of the person presented or to be elected may be more clearly known, public Edicts may be directed to all parts, at least to those parts where he hath been most conversant, as where he was educated in letters, or continued since the years of his Infancy and childhood were passed. Strict commandment would also be given, that if any capital crime hath been committed by him, the same should be notified; and if he hath committed wilful murder, and adultery, if he hath been a common fornicator, thief, drunkard, fighter, a brawler or contentious person; these Edicts ought to be published in the chief Cities, with Declaration that such as conceal his known sins, do so far as in him lieth deceive and betray the Church of God, and communicate with the sins of the wicked person. Admission. The admission of Ministers to their Offices must consist in the consent of the people and Church whereunto they shall be appointed, and in the approbation of the learned Ministers appointed for their examination. We judge it expedient that the admission of Ministers be in open audience, where some special Minister shall make a Sermon touching the duty and office of Ministers, their manners, conversation and life, as also touching the obedience which the Church oweth to their Ministers; and warning made to the Minister that he attend carefully upon the flock over which he is placed, and walk in the presence of God so sincerely, as the graces of the holy Spirit may be multiplied upon him; and in the presence of men, so soberly and uprightly, that by his exemplary life the word which he teacheth may be confirmed. The people likewise aught to be exhorted to reverence and honour the Minister as the Servant and Ambassador of the Lord jesus, obeying the Doctrine delivered by him out of the Word, even as they would obey God himself. For who soever heareth the Minister of Christ, heareth himself, and whosoever receiveth him and despiseth his Ministry, rejecteth and despiseth Christ jesus. Other ceremonies than the public approbation of the people, and the Declaration of the chief Minister, that the person there presented is appointed to serve that Church, we cannot approve; for albeit the Apostles used the Imposition of hands, yet seeing the miracle is ceased, the using of the ceremony we judge not to be necessary. The Minister once publicly admitted may not leave the flock at his pleasure, to which he hath promised his fidelity and labours: not yet may the flock reject and change him at their appetite, unless they be able to convict him of such crimes, as deserves deposition. We mean not but that the whole Church or most part thereof for just considerations may translate a Minister from one Church to another, neither yet mean we that men who serve now as it were of benevolence, may not be appointed to other places, but they being once solemnly admitted, we think they should not change at their own pleasure. We are not ignorant, that the rarity of learned and godly men will seem a just reason to some, why that so strict and sharp examination should not be taken universally; for so it would appear that the most part of Churches shall have no Minister at all. But let these men understand that the lack of able men will not excuse us before God, if by our consent unable men be placed over the flock of Christ. As also that amongst the Gentiles godly and learned men were as rare, as they be now amongst us, when the Apostles gave the same rule of examining Ministers, which we now follow. Lastly, let them understand, that is like to have no Minister at all, and to have an idol in the place of a true Minister, yea in some sort it is a worse; for they that be utterly destitute of Ministers, will make diligent search for them, but such as have a vain shadow content themselves commonly with the same, without any further care, and they remain deceived, thinking that they have a Minister, when in very deed they have none: for he is not to be thought a Minister, that cannot break the Bread of life to fainting and hungry souls; neither can the Sacraments be rightly ministered by him, in whose mouth God hath not put the word of exhortation. The chiefest remedy in this rarity of true Ministers, is fervent prayer unto God, that it may please him to thrust forth faithful labours into this his harvest. Next, the Council of their authority, compel such men as have gifts and graces able to edify the Church of God, to bestow them where greatest necessity is known. For no man may be permitted to live idle, nor as themselves lift, but must be appointed to travel, where the Church and Council shall think it most expedient. We cannot prescribe certain rules how the Ministers should be distributed, and such learned men as God hath already sent unto us: But of this we are assured, that it greatly hindereth the progress of Christ's Gospel within this poor Realm, that some altogether abstract their labours from the Church, and others remain altogether in one place, the most part of them being idle. And therefore think that the Council should compel all men to whom God hath given any Talon to persuade by wholesome Doctrine, to bestow the same, if they be called by the Church, to the advancement of Christ's glory, and to the comfort to his troubled flock; and that with consent of the Church not only Towns may be assigned for the chiefest workmen to remain in, but also Provinces; that by their faithful labours Churches may be erected, and order established where none is at the present. For Readers. To the Church that cannot presently be furnished with Ministers, men must be appointed that can distinctly read the Common-Prayers and Scriptures for the exercise both of themselves & of the Church, until they grow until a greater perfection. Because he who is now a Reader, may in process of time attain to a further degree, and be admitted to the holy Ministry. Some we know that of long time have professed Christ jesus, whose honest conversation deserveth praise of all good men, and whose knowledge might greatly help the simple and ignorant people, notthelesse the same persons content themselves with reading; These must be animated and encouraged to take upon them the function of the Ministry. But if in no measure they be qualified for preaching, they must abstain from administration of the Sacraments, till they attain unto further knowledge, and such as take upon then the office of Preachers, who shall not be found qualified therefore by the Superintendent, are by him to be placed Readers. The fifth head concerning the provision of Ministers, and distribution of the rents and Possessions justly pertaining to the Church. SCripture and Reason do both teach, that the labourer is worthy of his hire; and that the mouth of the Ox that treadeth forth the corn, ought not to be muzzled. Therefore of necessity it is, that honest provision be made for Ministers, which we require to be such, that they neither have occasion of solicitude, nor yet of insolency and wantonness. And this provision must be made not only for their own sustentation during their lives, but also for their wives and children after them: for it is against godliness, reason, and equity, that the widow and children of him who did faithfully serve the Church of God in his life, and for that cause was not careful in providing for his family, should after his death be left comfortless. It is difficil to appoint the several stipends of every Minister, because the charges of necessity of all will not be alike; for some will be resident in one place, some will be compelled to travel and change their dwelling, especially if they have charge of divers Churches; Some will be burdened with wife and children, and one with more than another; some perchance will live a single life; and if equal stipends should be appointed to all these, who are in charge so unequal, one would suffer penury, and another have superfluity. Therefore we judge that every Minister should have sufficient wherewith to keep an house, and be sustained honestly in all things necessary, forth of the rents of the Church which he serveth, conform to his quality, and the necessity of time: wherein it is thought that every Minister shall have forty bols meal, and twenty bolls malt, with money to buy other provision to his house, and serve his other necessities, the modification whereof is to be referred to the judgement of the Church, which shall be made every year at the choosing of the Elders and Deacons; providing always that there be advanced to every Minister, provision for a quarter of a year beforehand of all things. To the Superintendents who travel from place to place for establishing of the Church, a further consideration must be given; therefore we think that to each of them should be appointed six Chalders beer, nine Chalders meal, and three Chalders oats for provand to his horse, with 500 Marks of money, which may be augmented and diminished at the discretion of the Prince and Council of the Realm. The children of the Ministers must be freemen of the Cities next adjacent, where their Fathers laboured faithfully; they must also have the privileges of Schools and Bursaries in Colleges freely granted unto them, if they be found apt for learning; or failing thereof, they must be put to some handicraft, and virtuous industry, whereby they may be profitable instruments in the commonwealth. Their daughters likewise would be virtuously brought up, and honestly educated, when they come to maturity of years, at the discretion of the Church. And this we require not so much for ourselves or any that pertaineth to us, as for the increase of virtue and learning, and for the profit of the posterity to come. For it is not to be supposed, that a man will dedicate his children to serve in a calling, where no worldly commodity is expected; and naturally men are provoked to follow virtue, where they see honour and profit attending the same; as by the contrary, many despise virtue when they see virtuous and godly men live unrespected; and we should be sorry to know any to be discouraged from following the studies of learning, whereby they may be made able to profit the Church of Christ. Of the stipend of the Readers we have spoken nothing, because if they can do nothing but read, they cannot be esteemed true Ministers, and regard must be had of their labours, but so as they may be spurred forward to virtue; therefore to a Reader that is lately entered, we think forty Marks, more or less as the Parishioners can agree, sufficient: providing that he teach the children of the Parish, which he must do besides the reading of the Common Prayer, and the books of Old and New Testament. If from reading he proceed to exhort and explain the Scriptures, than ought his stipend to be augmented, till he come to the degree of a Minister. But if after two years' service he be found unable to edify the Church by preaching, he must be removed from that office and discharged of all stipend, that another may be put in place, who to the Church may be more profitable. No child nor person within the age of one and twenty years may be admitted to the office of a Reader, but such must be chosen and admitted by the Superintendent, as for their gravity and discretion may grace the function that they are called unto. These Readers who have some gift of exhortation, and have long continued in the course of godliness, we think may have 100 Marks or more, at the discretion of the Church appointed for them; yet a difference must always be kept betwixt them and the Ministers that labour in word and ministration of the Sacraments. Rests two sorts of people who must be provided for of that which is called the Patrimony of the Church; to wit, the poor, and the Teachers of the youth. The poor must be provided for in every Parish, for it is a shameful thing that they should be so universally contemned, and despised. Not that we are Patrons to stubborn and idle beggars, who running from place to place make a craft of begging; for those we think must be compelled to work, or then punished by the Civil Magistrate. But the poor widows, the fatherless, the impotent maimed persons, the aged, and every one that may not work, or such persons as are fallen by occasion into decay, aught to be provided, and have their necessities supplied by the Parish where they were borne, or have remained for any long space. Of Superintendents. Because it is found expedient for the erecting and planting of Churches, and appointing of Ministers, that at this time there be selected ten or twelve Superintendents, we have thought good to design their bounds, set down their office, the manner of their election, and causes which may deserve deposition from their charge. The Diocese of the Superintendents, and places of their residence. The Country of Orkney shall have a Superintendent, and for his Diocese the Isles of Orkney, with the countries of Cathnes and Strathnaver; his residence to be in the Town of Kirkwall. The Superintendent of Ross, his Diocese shall comprehend Ross, Southerland, Murray, with the North Isles of Sky, and Lergiss▪ and their adjacents; his residence should be in the Chanonry of Ross. The Superintendent of Argyle shall have for his Diocese Argyle, Cantyre, Lorne, the South Isles of Arrane, and Boole, with the Isle adjacent, and the country of Loghquaber; his residence to be in Argyle. The Superintendent of Aberdene, his Diocese shall comprehend all betwixt Dye and Spey, that is, the Sherifdom of Aberdene and Bamff; his residence to be in old Aberdene. The Superintendent of Brichen shall have for his Diocese the Sherifdomes of Mernis, Angus, and the Bray of Marre unto Dey, and keep his residence at Brichen. The Superintendent of Fife shall have for his Diocese the Sherifdomes of Fife, Fotheringham, and Perth unto Striveling; his residence shall be in S. Andrews. The Superintendent of Lothian his Diocese shall comprehend the Sherifdomes of Lothian, Striveling, Mers, Lawtherdale; and Stow of Twaddale; his residence to be in Edinburgh. The Superintendent of jedburgh shall have for his Diocese Teviotdale, Tweddale, and the Forest of Attrick; his residence to be in jedburgh. The Superintendent of Glasgow his Diocese shall comprehend Clyddisdale, Ranfrew, Monteith, Kile, and Cunningham; his residence to be at Glasgow. The Superintendent of Dunfreis shall have for his Diocese Galloway, Carrick, Niddisdale, and Annandale, with the rest of the Dales in the West; his residence to be at Dunfreis. These men must not be suffered to live idle as the Bishops have done heretofore, neither must they remain where gladly they would, but they must be Preachers themselves, and remain in one place above three or four months: after which they must enter in visitation of their whole bounds, preach thrice a week at least, and not to rest till the Churches be wholly planted, and provided of Ministers, or at the least Readers. In their visitation they must try the life, diligence, and behaviour of the Ministers, the order of their Churches, and the manners of their people, how the poor are provided, and how the youth is instructed; They must admonish where admonition needeth, and dress all things that by good counsel they are able to compose; finally they must take note of all heinous crimes, that the same may be corrected by the censures of the Church. Of the election of Superintendents. Such is the present necessity, that the Examination and Admission of the Superintendents cannot be so strict as afterwards it must; for the present therefore we think it sufficient, that the Council nominate so many as may serve the Provinces above written, or then give Commission to men of best knowledge, who have the fear of God to do the same. The Gentlemen and Burgesses of Towns within the Diocese, being always made privy at this time to the election; as well to bring the Church in practice of her liberty, as to make the Pastor better favoured of the flock, whom themselves have chosen. If so many able men cannot be found at the present, as necessity requireth, it is better that those Provinces wait till God provide, than that men unable to edify and govern the Church, be suddenly placed in the charge: experience having taught, what ills have been engendered in the Church by men unable to discharge their offices. If any Superintendent shall depart this life, or happen to be deposed, the Minister of the chief Town within that Province, with the Magistrate and Council, the Elders and Deacons of the said Town, shall nominate the Superintendents of two or three Provinces next adjacent, within the space of twenty days, two or three of the most godly and learned Ministers within the Realm, that from among them with public consent one may be elected to the office then vacant. The twenty days expired, and no man presented, three of the next adjacent Provinces, with consent of their Superintendents, Ministers, and Elders, shall enter into the right and privilege of the chief Town, and shall present one or two, if they list, to be examined according to the order, and it shall be lawful for all the Churches within the Diocese, within the same time to nominate such persons as they esteem worthy election. After the nomination made, public edicts must be sent forth, warning all men that have any objections against the persons nominated, or against any one of them, to appear in the chief Town at the day affixed, which we think should be thirty days after the nomination, and declare what they have to say against the election of any one of them. The day appointed for the election being come, the Ministers of the Province, with the Superintendents next adjacent, shall examine the learning, manners, prudence, and ability to govern the Church, of the whole persons nominated, and cause them publicly to preach, to the end he that is most worthy, may be burdened with the charge; And then they shall give their voices according to conscience, and not out of affection: It must be considered, whether the objection be made of malice or out of a zeal to God's glory, and the weal of the Church. Other ceremonies than this examination, the approbation of Ministers and Superintendents, with the public consent of Elders and people, we do not admit. The Superintendent so elected, must be subject to the censure and correction of the Ministers, and Elders of his chief Town, and whole Province, over which he is appointed: and if he be found negligent in any of the chief points of his office, especially if he be found negligent in preaching▪ the word, or in visitation of his Churches, and if he be convict of any of these crimes, which in a common Minister are condemned, he must be deposed, without respect of his person or office. If his offence be public, and the Ministers and Elders of the Province negligent in correcting him; then the next one or two Superintendents, with their Ministers and Elders, may convene him, providing the same be within his own Province or chief Town, and inflict the censure that his offence deserveth. No Superintendent may be translated at the pleasure or request of any one Province, without the Council of the whole Church, and that for grave causes, and considerations. After the Church shall be established, and three years are past, no man shall be called to the office of a Superintendent, who hath not two years at least given a proof of his faithful labours in the ministry of some Church. Of Schools, and the necessity of them. Seeing men now adays are not miraculously gifted, as in the time of the Apostles, for the continuance of knowledge and learning to the generations following, especially for the profit and comfort of Christ's Church; it is necessary that care be had of the virtuous and godly education of youth: wherefore we judge that in every Parish there should be a Schoolmaster, such a one as is able at least to teach the Grammar, and Latin tongue, where the Town is of any reputation. But in Landwart, where people convene to Doctrine only once in the week, then must either the Reader or the Minister take care of the youth of the Parish, to instruct them in their rudiments, especially in the Catechism of Geneva. In every notable Town, chiefly in the Town of the Superintendent, we think that a College should be erected, wherein at least the arts of Logic and Rhetoric, with the Tongues, should be taught by sufficient Masters, for whom honest stipends must be appointed. And that provision should be made for such youths as are poor, and cannot be brought up in letters by their friends: the commodity whereof will be great, when the children are brought up in the presence of their friends, by whose good attendants their necessities may be supplied, and many inconveniences avoided, that youth commonly runneth into, when they are sent to strange and unknown places. The exercise likewise of children in the Church, cannot but serve greatly to the instruction of the aged and unlearned. The great Schools called Universities, should be replenished with those that be apt for learning: for no father of what condition or estate soever he be, aught to use his children after his own fantasy, especially in their youth; but all must be compelled to bring them up in knowledge and virtue. The rich must be exhorted, and by the censure of the Church compelled, to dedicate their sons to the profit of the Church and Commonwealth, training them up in godly exercises upon their own expenses, and the children of the poor must be sustained upon the charge of the Church, till it be tried whether they be apt for letters and learning or not. If they be found to be docile, and have good ingenies, they may not be permitted to reject learning, but charged to follow their studies, that the Commonwealth may reap some comfort by them: and for this purpose the Minister and Elders, with the best learned in every Town, must be appointed to examine at the end of every quarter, the youths, and see how they do profit. A certain time must be appointed to reading of the Catechism; a certain time to the Grammar, and Latin tongue; a certain time to Arts and Philosophy; and a certain time to the other tongues and studies which they intent to learn. That time expired, some craft and profitable exercise; Providing always they have learned first the Commandments, the Articles of the Belief, the right form to pray unto God; the number, use and effect of the Sacraments; and that they may be instructed touching the natures and Offices of jesus Christ, and other such points as without the knowledge of them they neither deserve to be called Christians, nor aught to be admitted to the participation of the Lords Table. The time appointed to every course. Two years we hold more than sufficient for learning to read perfectly, to answer to the Catechism, and get some entrance in the rudiments of Grammar. Three or four years more we allow for attaining to the perfection of Grammar. To the Arts, that is, Logic, Rhetoric, and the Greek tongue, we allow other four years, and the rest of 24. years to be spent in that study wherein they intent to serve the Church or Commonwealth, be it in the Laws, Physic, or Divinity. After which time of 24 years being spent in the Schools, they must be removed to serve the Church or Commonwealth, unless they be found necessary Professors for the College or University. The erection of Universities. We think it necessary that there be three Universities in the Realm; one in St. Andrews, another in Glasgow, and the third at Aberdene. In the first and principal University, which is St. Andrews, that there be three Colleges; and in the first College there be four Classes; The first for new Supposts, to whom Dialectic only shall be taught; the next Class shall have the Metaphysics only read; the third Physic, and the fourth Medicine. In the second College shallbe two Classes, whereof the first shall be for moral Philosophy, and the second for the Laws. In the third College likewise two Classes, the first for the Greek and Hebrew tongues, and the second for Divinity. Of Professors, and of the Degrees of time and Studies. In the first College and first Class there shall be a Reader of Dialectic, who shall complete his course thereof in one year. In the second Class a Professor of Mathematics, who shall read to the Students Arithmetic, Geometry, Cosmography and Astrology▪ the space of another year. In the third Class a Professor of natural Philosophy, who shall accomplish his course likewise in one year. After which three years, those that shall be found by trial sufficiently grounded in the foresaid Sciences, shall be Laureate and Graduate in Philosophy. In the fourth Class there shall be a Reader of Medicine, who shall complete his course in five years; After the study whereof such as are found sufficient upon examination, shall be Graduate in Medicine. In the second College and first Class thereof a Reader of Ethics, O economics and Politics, whose course shall end in one year; In the second Class shall be two Readers of the Municipal and Roman Laws, who shall finish their course in four years; after which time those that are found sufficient, shall be Graduate in the Laws. In the third College and first Class a Reader of the Hebrew and another of the Greek tongue, who shall complete the Grammars thereof in half a year; the rest of the year the Reader of the Hebrew shall interpret some Books of Moses, of the Prophets, or Psalms, so that his course shall continue one year: the Reader of the Greek shall interpret some Book of Plato, together with some Book of the New Testament, and shall finish his course the same year. In the second Class there shall be two Readers of Divinity, one of the New Testament, and another of the Old, who shall finish their course in five years. After which time those that are found sufficient shall be Graduate in Divinity. None shall be admitted into the first College, and be made Suppost of the University, unless he have from the Master of the School, and Minister of the Town, where he was instructed in the Latin tongue, a testimony of his learning, docility, age, and parentage. Those that have been taught the Dialectic shall be examined by the Rector and Principals, and being found to have profited therein, shall be promoved to the Class of the Mathematics. None shall be admitted to the Class of Medicine, but he that shall be known to have spent his time well in Dialectic, Mathematic and Physic, and shall have a testimonial of his docility in the last. None admitted to the Class of Laws, but he that shall have a testimonial of his time well spent in Dialectic, Mathematic, Ethick, O economics, Politics, and of his docility in the last. And to the Class of Divines they only shall be admitted that bring a sufficient Testimonial of their time well spent in Dialectic, Mathematic, Physic, Ethick, O Economick and Politic Philosophy, the knowledge of the Hebrew tongue, and of his docility in Divinity. Such as will apply themselves to hear the Laws shall not be compelled to hear Medicine, neither shall such as apply themselves to hear Divinity be compelled either to hear Medicine or the Laws. The second University at Glasgow, shall have two Colleges. In the first whereof shall be three Classes; one for Dialectic, another for Mathematic, and a third for Physic; And in the second College shall be four Classes, one for moral Philosophy, Ethics, O economics, and Politics; another for the Municipal and Roman Laws▪ the third for the Hebrew tongue, and the last for Divinity to be ordered according to the University of St. Andrews. The third University at Aberdene shall be conform to the University of Glasgow in all points. Unto every College there must be elected forth of the body of the University, a Principal, who must be a man of learning, discretion and diligence; he shall receive the whole rents of the College, and distribute the same according to the erection of the College, adjoining to himself weekly one of the Professors; he shall hearken daily the Diet counts, and oversee the policy and buildings of the house, attend that the Professors be diligent in their several readings to the youth, and shall weekly keep a meeting with the whole Members of the College for punishment of faults that shall happen to be committed, and shall yearly be countable to the superintendent Rector and rest of the Principals, who shall convene to that effect the first of November. The election of the Principal shall be in this sort, within eight days after the place falleth void, the members of the College being sworn to follow their conscience shall nominate three of the most sufficient men of the University, not being Principals already, who shall be publicly propounded through the whole University; This done, the Superintendent by himself, or his special Procurators, with the Rector and the rest of the Principals, shall convene within eight days after, and choose one of the three whom they think most sufficient, being sworn before to do the same without favour or partial affection. There shall be in every College a Steward, Cook, Gardiner and Porter, who shall be subject to the Principal as are the rest. Every University shall have a Beddale, who shall be subject to serve at all times the University at the direction of the Rector and Principal. There shall likewise a Rector be chosen in every University from year to year on this manner. The Principals of the Colleges with the whole Regent's chapterly convened shall be sworn to nominate every man speaking in his own room, such a one as in his conscience he thinketh to be most sufficient for that charge and dignity; and of those who shall be most often nominated there shall be put in light 15. days before Michaelmas, and upon the eve of Michaelmas the whole Principals, Regent's and Supposts graduated, or who have studied the Ethics, O economics and Politics, and no others, every nation having protested to follow the Dictate of their own Conscience, shall nominate one of the said three, and he unto whom most voices are given, shall be confirmed by the Superintendent and Principals, who shall take his oath for lawful administration, and the oath of the rest of the University, for their submission and obedience; after which he shall put on a new garment, and be presented to the University. Insignia Magistratus being born before him, monthly he shall visit every College, and try how the exercises of Reading be kept; his assessors shall be a Lawyer and Theologue, by whose advice he shall decide all Civil questions betwixt the Members of the University. If any without the University pursue a Member thereof, or be pursued by any Member of the same, he shall assist the Provost and Bailies and other Judges competent to see justice ministered, and that as well in civil as criminal causes. We think it expedient that in every College of the whole Universities there be 24. Bursars' divided equally in the Classes above specified; that is, in St. Andrew's 72. Bursars', in Glasgow 48. in Aberdene as many; these shall be sustained only in meat upon the charges of the College, and not be admitted but upon trial taken by the Ministry of the Town, and Principals of the University, as well touching their own docility, as if their parents be able to entertain them or not. Of Stipends, and the expenses necessary. The sums needful for the ordinary charges, we judge may be as followeth. Imprimis, for the stipend of the Professors of Dialectic, Mathematic, Physic and Moral Philosophy, for each of those 100l. Item, for the Professor of Medicine, and Laws 200. marks. Item, to the Reader of the Hebrew and Greek tongues, and Divinity, 200l. Item, to every Principal 200l. Item, to every Steward for his fee 16l. Item, to every Gardener, Cook and Porter 10. marks. Item, to the sustentation of every Bursar, that is not in the Class of Theology or Medicine, 20l. Item, to the Bursars in these Classes 24l. Summa of the yearly and ordinary expenses in the University of St. Andrew's, extendeth to 3796l. summa of the yearly and ordinary expenses of Glasgow, extends to 2922l. Summa of Aberdene 2922l. Summa of the whole ordinary charges is 9640l. For the payment of these sums we think the Temporalties of Bishoprics and Churches Collegiate ought to be destinated so far at least, as the same charges do require. The Beddale shall have for his stipend 2s. of every Intrant and Suppost of the University, of every Graduate in Philosophy 3s. of the Graduate in Medicine 4s. and 5s. of the Graduate in Theology, Bursars' in these studies only excepted. For upholding the fabric this order would be taken, that every Earls son at his entry shall give 40s. with so much at his graduation; Every Lord's son 30s. The son of a Baron 20s. the son of a Burgess or substantious Gentleman 10s. and the sons of all others, Bursars excepted, 5s. These moneys being collected shall be put in a common box, and committed to the keeping of the Principal, and upon the 15. day of November yearly in the presence of the Superintendent, Rector and whole Principals the same shallbe opened, the moneys counted, and by their consents reserved or employed upon building or repairing, as the necessity of the fabric shall require. Of the Privilege of the University. Seeing innocency should rather defend us then privilege, we think that every person should answer before the Provost and Bailies of the Town, where the University is, upon all actions they are called for, so as the Rector be assessor to the Magistrates therein; If the question be betwixt members of the University, the party called is not held to answer but before the Rector, and his assessors; in all other causes of civil pursuit the general rule of law is to be observed, Actor sequatur forum rei. The Rector and all inferior members of the University must be exempted from all taxes, imposts, charges of war, or any other burdens that may abstract them from attending the youth, such as Tutory, Curatory, Executory, and the like. As for other things that may concern the Students and Masters such as the choice of books to be read in every Class, and such other particulars, they are to be left to the discretion of the Principal and Regent's, and their Council. The sixth head of the Rents and Patrimony of the Church. TWo sorts of men, that is, the Preachers of the word, and the poor, besides the Schools, must be sustained upon the rents of the Church; wherefore it would be considered how, and of what the same is to raised. For to our grief we hear that some Gentlemen are now more rigorous in exacting the tithes, and other duties paid before to the Church, than ever the Papists were, and so the tyranny of Priests is turned into the tyranny of Lords or Lairds; for this we require, that the Gentlemen, Barons, Lords, Earls, and others, be content to live upon their own rents, and suffer the Church to be restored to her right and liberty, that by her restitution the poor that heretofore have been oppressed, may now receive some comfort and relaxation. It is a thing most reasonable that every man have the use of his own tithes, providing that he answer the Deacons and Treasurer of the Church, of that which shall be reasonably appointed unto him, and that the uppermost cloth, the Corpresent, the Clerkmail, the Pasche-offerings, Tith-ale, and other the like exactions be discharged for ever. And because not only the Ministers, but also the poor and Schools must be sustained upon the Tithes, we think it more expedient, that Deacons and common Treasurers of the Church be appointed to receive the whole rents appertaining thereto, than the Ministers themselves: And that commandment may be given that no man either receive, or intromet with any thing belonging to the sustentation of the foresaid persons, but such as shall be appointed thereto by the Church. If any shall think this prejudicial to those that possess the tithes by virtue of leases, we would have them know, that unjust possession is no possession before God; and that those of whom they acquired their right, were thiefs and murderers, and had no power to alienate the Patrimony and common good of the Church: yet do we wish recompense to be made to such as have debursed sums of money to these unjust possessors, so that the same had not been given of late, in prejudice of the Church, or no collusion used. For which purpose we think it expedient that whosoever have the titles of any Church in part or whole, be warned to produce his right, that cognition being taken thereof, a reasonable recompense may be given them, before the years that are to run; the profits of years passed deduced, and considered, so that the Church in end may receive her liberty and freedom. The tithes that we think must be lifted for the use of the Church, are the tithes of hay, hemp, lint, cheese, fish, calf, veal, lamb, wool, and all sorts of corn. But because these will not suffice to discharge the necessaries of the Church, we think that all things dotate to hospitality in times past, with all annual rents both to Burgh and Land, pertaining to Priests, Chanteries, Colleges, Chaplaineries, and Friars of all orders, to the sisters of the Seynes, and all other of that sort, be retained to the use of the Church or Churches within the Towns or Parishes where they were founded: likewise the whole revenues of the temporalities of Bishops, Deans, and Archdeacon's; with all rents of lands pertaining to Cathedral Churches, which must be applied to the entertainment of Superintendents, and Universities. And further, we think that Merchants and Craftsmen in free burgh's, who have nothing to do with manuring the ground, aught to make some provision in their Cities and Towns, and dwelling places for the support of the Church, and necessities thereof. The Ministers, and failing of them, the Readers must be restored to their Manses and Gleibs, without which they cannot serve nor attend their flocks, and where any Gleib exceedeth six acres of land, that which is more shall remain with the possessor, till further order be taken. The Deacons or Treasurers appointed to collect these rents, must be chosen yearly in every Parish by the common consent of the Church, they may not distribute any part of that which is collected, but by the command of the Ministers and Elders, who must command any thing to be delivered but as the Church hath before determined. That is, the Ministers to be first paid either quarterly, or from half year to half year, of the sums allowed to them, the Schoolmasters, Readers, and Hospitals, if any be. If any extraordinary sums must be disbursed, than the Ministers, Elders, and Deacons are to consult whether the same stands with the profit of the Church or not; and if they do agree, they may do as best seemeth unto them. But if there be controversy amongst themselves, the whole Church must be made privy, and the reasons heard; their judgement with the Ministers consent shall prevail. The Deacons shall make their Accounts to the Minister and Elders of that which they have received, and the Elders when they are changed (which must be every year) shall clear their accounts before such Auditors as the Church shall appoint. And both the Deacons and Elders being changed, shall deliver to them that are newly elected, all sums of money, corns, or other profits resting in their hands; the tickets whereof must be delivered to the Superintendents in their visitations, and by them to the great Council of the Church, that as well the indigence, as abundance of every Church may be known, and so a reasonable equality may be kept through the whole Realm. The seventh head concerning the Censuring of offenders. AS no Commonwealth can flourish, or long endure without good laws and sharp execution of the same: so cannot the Church of God be purged, or yet retained in purity without the order of Ecclesiastical discipline; This standeth in reproving and correcting those faults, which the Civil sword doth either neglect, or may not panish. Blasphemy, Adultery, Murder, Perjury, and such capital crimes fall not properly under the censure of the Church, because such open transgressors of God's law, should be taken away by the Civil sword. But Drunkenness, Excess, whether in apparel or in meat and drink, Fornication, oppression of the poor by exactions deceit in buying and selling, by wrong meet and measure, wanton words and licentious living tending to slander, do properly appertain to the censure of the Church, which in the order and cases following we judge shall be observed. If the offence be secret and known by few, and be rather surmised then that it be manifestly proved, the offender ought to be privately admonished, and if he promise to amend, the censure shall not proceed any further. If he contemn the admonition that is given him, or after promise walk als uncircumspectly as before, the Minister ought to call and rebuke him, and if he be disobedient, proceed according to the rule of Christ. In faults public and heinous, such as Fornication, Drunkenness, Fight, common Swearing, and Execration, the offender must be called before the Minister, Elders, and Deacons, and have his sin laid out before him; whereof if he show himself penitent, and require to be admitted to public satisfaction, a day should be appointed for his appearance before the whole Church, to testify the repentance which before he professed; which if he accept, and with reverence perform, he ought to be received again in the society of the Church: for the Church of God must not be more rigorous, then God declareth himself to be: who witnesseth, that Whensoever a sinner doth unfeignedly repent and turn from his wickedness, that he will not remember his iniquity any more. If the offender be obstinate and show no signs of repentance, he must be dismissed with an exhortation, to consider his dangerous estate, and assured that if he do not show no tokens of amendment, a more severe course will be taken. If within a certain space he manifest his repentance to the Minister, he may be presented before the Congregation, and received in manner aforesaid. But if he shall continue in his impiety, than it must be signified to the congregation, that such offences are fallen out amongst them, the committer thereof rebuked and desired to repent, whereof as yet no tokens are given, and they requested to call unto God for touching the heart of the offender (whose fault ought to be expressed, but not his name) with remorse that he may truly and earnestly be converted. If he notwithstanding continue in his contempt, his name must the next day of the public meeting be notified to the congregation, and the most discreet and nearest of his friends or acquaintance entreated to deal with him earnestly, that he may be brought to the knowledge of the fault, and solemn prayers made for his conversion to God. The third Sunday the Minister shall require, if the impenitent hath declared any signs of his repentance; and it being found that he hath done the same, a day shall be affixed to him for appearing before the Consistory, where if he show himself penitent, as well of the crime, as of his long contempt, he shall be received upon public satisfaction in manner before prescribed. But if no man signify his repentance, than the Minister by consent of the Elders and Deacons, and at commandment of the Church, shall pronounce the offender excommunicated from God and from the society of his Church. After which sentence no person may have any kind of conversation with him, (his wife and family only excepted) in eating, drinking, buying, selling, saluting, or conforming with him, unless the same be licenced by the Ministry; that he finding himself abhorred of the faithful and godly, may take occasion to repent, and so be saved. This sentence as being the most heavy censure which can be inflicted by the Church, ought not to be rashly used, but for great causes, and due process of time kept; but being pronounced, ought with all severity to be maintained, and intimation thereof made through the whole Realm, lest any should pretend ignorance of the same. His children begotten or born after the sentence and before his repentance, may not be admitted to Baptism, till either they be of age to require it, or else the mother, or some of his special friends members of the Church, present and offer the child, abhorring and damning the iniquity of his parent. If any do think it rigorous thus to punish the child for the father's offence, let them understand that the Sacraments appertain only to the faithful and their seed; and that such as contemn the admonitions of the Church, and obstinately continue in their iniquity, cannot be reckoned amongst the faithful. Murderers, manslayers, adulterers, and committers of the like horrible crimes, whom the Civil sword ought to punish with death, if they shall be permitted to live, shall be holden excommunicate and accursed in their fact. The offenders being first called, and the order of the Church used against them in the same manner, as the persons who for their obstinacy are publicly excommunicated, so the obstinate impenitent after the sentence of excommunication, and the murderer or adulterer shall stand in one case as concerning the judgement of the Church, and neither of both admitted to prayers or Sacraments (howbeit they may be present at the preaching of the Word) till first they offer themselves to the Minister and Elders, requesting humbly their prayers, and desiring them to intercede with the Church for their admission to public repentance. Upon this humble request signification shall be given to the Church of the same, the first day of public preaching, and the congregation exhorted to pray unto God, that he will perform the work which he appeareth to have begun in the heart of the offender, by granting him unfeigned repentance of his sin, with a sense and feeling of his mercy. Thereafter a day shall be publicly assigned unto him him to make open confession of his crime and contempt. At which time he must appear in presence of the congregation, and confessing the same desire mercy of God, and entreat them to accept him in their society. The Minister shall try diligently if he find in him an hatred and displeasure of his impiety committed, and as he findeth, so to comfort him in the hope of God's mercies; but especially is to see that he be instructed in the knowledge of jesus Christ, in the article of Justification, and offices of Christ; for it were a mocking of God to receive him to repentance, who knoweth not wherein his remedy standeth, when he is grieved for sin. If he shall perceive him to be reasonably instructed, and humbly disposed, then shall he demand of the congregation, if they be willing to receive that creature of God, (whom Satan had before drawn in his snare) into their society, which they yielding unto, (as justly they may not deny the same) then ought the Minister to crave the assistance of the Church's prayers in behalf of the penitent▪ and prayer ended, exhort them to receive him again in their favours, in token whereof the Elders, and one or two of the Congregation shall take him by the hand, and embrace him in the name of the whole Church. This done, the Minister shall exhort him who is received to walk circumspectly in time coming, lest Satan catch him again in his snares, advertising him how that enemy will not cease to try all means possible for bringing him from the obedience that he hath given to God, and his Ordinance. And after the exhortation shall give again public thanks to God for the conversion of that their brother, and pray for increase and continuance of his grace to him, and the whole congregation. Unto this discipline the whole estates of the Realm, as well the Rulers, as they that are ruled, and the Preachers themselves, as well as the poorest within the Church, must be subject: the Ministers especially, because they as the eye and mouth of the Church should be most irreprehensible. The eighth head concerning Elders and Deacons. MEn of best knowledge, of purest life, and most honest conversation that can be found in every Church, must be nominated for these offices, and their names publicly read unto the congregation, that from amongst those some may be chosen to serve as Elders and Deacons. If any be nominated, who is noted with public infamy, he must be repelled; for it is not seemly that the servant of corruption should have authority to judge in the Church of God: or if any man know others that are of better qualities within the Church, than those who are nominated, the same shall be joined to the others, that the Church may have the choice. If the Churches be few in number, so as Elders and Deacons cannot conveniently be had, the same Church may be joined to the next adjacent; for the plurality of Churches without Ministers and order doth rather hurt, then edify. The election of Elders and Deacons ought to be made every year once, which we judge most convenient to be done the first of August yearly, lest men by long continuance in those Offices presume upon the liberty of the Church. And yet it hurteth not, if a man be retained in office more years than one, so as he be appointed yearly thereto by common and free election: Providing always that the Deacons, and Thesaurers of the Church be not compelled to receive again the same Office for the space of ●. years. How the suffrages shall be given and received, every several Church may take the order that seemeth best to them. The Elders being elected must be admonished of their Office, which is to assist the Minister in all public affairs of the Church; to wit, in judging and discerning of causes, in giving admonition to licentious livers, and having an eye upon the manners and conversation of all men within their charge: for by the gravity of the Elders the loose and dissolute manners of other men ought to be restrained and corrected. The Elders ought also to take heed to the life, manners, diligence and study of their Ministers; And if he be worthy of admonition, they must admonish him; if of correction, they must correct him; and if he be worthy of deposition, they with the consent of the Church and Superintendent may depose him. The Office of Deacons is to receive the rents, and gather the Alms of the Church, to keep and distribute the same as they shall be appointed by the Ministry and the Church; yet they may also assist in judgement the Minister and Elders, and be admitted to read in public Assemblies, if they be called, required and found able thereto. The Elders and Deacons, with their wives and families, must be subject to the same censure, that Ministers are subject unto; for they are Judges to the manners of others, and therefore they must be sober, humble, entertainers of concord and peace amongst neighbours; and finally, an ensample of godliness to the rest of the flock: whereof if the contrary appear, they must be admonished by the Minister or some of their brethren, if the fault be secret; but if it be open and known, they must be openly rebuked, and the same order kept with them that is prescribed against Ministers offending. We think it not necessary that any public stipend be appointed either to the Elders or Deacons, because their travel continueth but for a year; as also because they are not so occupied with the affairs of the Church, but that they may have leisure to attend their private business. Of the Censure and Deposition of Ministers. If a Minister be of a loose conversation, negligent in his study, and one that waiteth not on his charge and flock, or one that proponeth not fruitful doctrine to his people, he ought to be admonished by the Elders, and if he amend not, the Elder may complain to the Ministry, till his repentance appear; but if any Minister be deprehended of any notable crime, as whoredom, adultery, murder, manslaughter, perjury, heresy, or any such as deserveth death, or any infer the note of infamy, he ought to be deposed for ever. By heresy we understand pernicious doctrine plainly taught, and obstinately defended against the foundation and principal grounds of Christian faith. Such a crime we judge to deserve perpetual deposition from the Ministry, knowing it to be a thing most dangerous to commit a flock unto a man infected with heresy. Some faults deserve deposition for a time; as if a Minister be deprehended drunken, if he be a brawler, or fighter, an open slanderer, a defamer of his neighbours, factious and a sour of discord; till he declare himself penitent, and give some assurance of better conversation, upon which the congregation shall attend the space of twenty days or longer, as they shall think expedient, before they proceed to a new election. Every inferior Church should notify by one of their Elders, and one of their Deacons to the Superintendent, the life, manners, study and diligence of their Ministers, that the discretion of some may correct the levity of others. Neither must the life and manners only of their Ministers come under censure, but also of their wives, children and family. It must likewise be adverted, that the Minister neither live riotously nor avaritiously, and a respect had how he spendeth his stipend: for if a reasonable stipend be appointed him, he must live accordingly, because avaritiousness and solicitude of money is no less to be damned in Christ's servants, especially those who are fed at the charge of the Church, then is excess and superfluity. We judge it unseemly for Ministers to live in common Alehouses or Taverns; neither must a Minister be permitted to frequent the Court, unless it be for a time when he is either employed by the Church, or called by the Authority to give his counsel and judgement in any matter: Neither yet must he be one of the council in Civil affairs, be he never judged so apt for the purpose; but either must he cease from the Ministry (which at his own pleasure he may not do,) or else in bearing charge in Civil affairs, except it be to assist the Parliament when the same is called. The ninth head concerning the Policy of the Church. WE call the Policy of the Church the exercise of Religion in such things as may help to bring the ignorant to knowledge, or else promove in them that are more learned, a further growth of grace, or otherwise such things as are appointed for keeping things in good order within the Church, whereof there be two sorts▪ the one utterly necessary, as that the Word may be truly preached, the Sacraments rightly administrtd, common Prayers publicly made, children and simple persons instructed in the chief points of Religion, and offences corrected and punished. These things we say are so necessary, that without the same there cannot be any face of a visible Church. The other sort is profitable, but not merely necessary, as that Psalms be sung, and certain places of Scripture read, when there is no Sermon; or that the Church should convene this or that day in the week to hear Sermons. Of these and the like, we see not how a certain Order can be established: For in some Churches the Psalms may be conveniently sung, in other perhaps they cannot; some Churches may convene every day, some twice or thrice in the week, and some it may be but once: In these and the like every particular Church may appoint their own policy themselves. Yet in great towns we think expedient, that every day there be either Sermon or Common Prayer, with some exercise of reading the Scriptures. The day of public Sermon, we do not think the Common-Prayers needful to be used, lest we should foster the people in superstition who come to the Prayers, as they come to the Mass, or give them occasion to think that those are no Prayers which are conceived before and after Sermon. In every famous town we require that one day besides the Sunday be appointed for Sermon, during the time whereof men must abstain from all exercise of trade and labour the servant as well as the master. In smaller towns such order must be kept as the Churches within the same shall appoint, but the Sunday in all towns must precisely be observed, before and after noon. Before noon the Word must be preached, Sacraments administered, and marriage solemnised when occasion doth offer. After noon the Catechism must be taught, and the young children examimined thereupon, in audience of all the people: In doing whereof the Minister must have care to cause the people understand the questions propounded, with the answers and doctrine, that may be collected thereof. What order shall be kept in teaching the Catechism, and how much thereof every Sunday shall be handled; the distinctions of the Catechism itself, which is the most perfect that ever was yet used in any Church, do show. Where there is neither Preaching, nor Catechism upon Sundays at afternoon, the Common-Prayers ought to be used. It appertaineth to every Church, to appoint the times when the Sacraments should be ministered: Baptism may be ministered whensoever the Word is preached, but we think it more expedient that the same be ministered upon Sunday; and when occasion is offered of great travel before noon, the same may be ministered in the afternoon; upon the week days only after the Sermon, partly to remove that gross error, which may hold that children dying without Baptism are damned, partly that the people may assist the ministration of the Sacrament with greater reverence then commonly they do. Four times in the year we think sufficient for Administration of the Lords Table, which we desire to be so distinguished that the superstitious observation of times may be avoided so far as may be: for it is known how superstitiously people run unto that action upon Easter, as if time gave virtue to the Sacraments, when as the rest of the whole year they are careless and negligent, as though it belonged not unto them, but at that time only. Therefore we think it expedient that the first Sunday of March yearly be kept for one day to that service: The first Sunday of june for another: The first Sunday of September for the third: and the first Sunday of December for the fourth. Albeit we deny not, but every Church for reasonable causes may change the time, and minister the same oftener; yet we think the Sacrament of the supper ought never to be ministered without examination preceding, chiefly of those who are known, or suspect to be ignorant; and that none ought to be admitted to that holy mystery, who cannot formally say the Lord's Prayer▪ the Articles of the Belief, declare the sum of the Law, and understandeth the use and virtue of that holy Sacrament. We also think necessary, that every Church have a Bible in English, and that the people convene to hear the Scriptures read and interpreted, that by frequent reading and hearing the gross ignorance of the people may be removed. And we judge it most expedient, that the Scriptures be read in order: That is, that some one Book of the New and Old Testament be begun, and followed forth to the end. The like we esteem of preaching, if the Minister remain for the most part at one place. For the divagation from one place of Scripture to another, whether it be in reading or preaching, we account not so profitable for the Church as the continual following of one Text. The Masters of Families must be commanded to instruct, or cause to be instructed, their children and servants in the Principles of Christian Religion, without the knowledge whereof, they may not be admitted to the Table of the Lord; wherefore we think it needful that every year at least the Ministers take trial by public examination of the knowledge of every person within the Church; and that every master and mistress present themselves, and so many of their family as are come to mature age, before the Minister and Elders to give confession of their Faith, rehearse the Commandments of the Law, with the Lords Prayer, and declare what is their understanding in those things. If any shall suffer their children or servants to remain in wilful ignorance, the censures of the Church must be used against them unto excommunication, and then the person referred to the Civil Magistrate. For seeing the just man liveth by his own faith, and that Christ jesus justifieth by knowledge of himself, it is intolerable that any should be permitted to live as Members of the Church of God, and yet to continue in ignorance. Moreover, all persons would be exhorted to exercise themselves in the Psalms, that when the Church conveneth, and the Psalms be sung, they may be the more able with common heart and voice to praise God. In private houses it were expedient that the most grave and discreet person of the family should use Common-Prayers at morning and night. Of the exercise of Prophesying or Interpretation of the Scriptures. It was a custom in the Church of Corinth at some times when they did assemble and meet together to read a place of Scripture, whereupon one first gave his judgement for the instruction and consolation of the Auditors; after whom another did either confirm what the former had said, or add that which he had omitted, or correct and explain more properly the place, or text. Liberty was also given to a third man to speak, if the whole truth had not been revealed by the former; and above the number of three, it seemeth, none were allowed to speak, as we read in the 1 Cor. 14. 29. where we have these words; Let the Prophets speak two or three, and let the other judge. And if any thing be revealed to another that sitteth by, let the first hold his peace: for ye may all prophesy one by one, that all may learn, and all may have comfort. And the Spirits of the Prophets are subject to the Prophets. This exercise we think to be most necessary for the Church this day in Scotland, because thereby the Church may have trial of the knowledge, gifts and utterance of every man within their own body. The simple and those who have somewhat profited, shall be encouraged to proceed in their studies, and the whole Church shall be edified, every man that list to hear and learn, being permitted to declare his mind and knowledge for the comfort of the rest. But lest this exercise that is so profitable might turn into debate or strife, these rules must be observed. 1. All curious and unprofitable questions must be avoided. 2. All interpretations that are against the Analogy of faith and against charity, or that seem to contain an open contradiction to other manifest places of Scripture, are to be rejected. 3. The interpreter may not take to himself the liberty of a Preacher (although he be appointed and received a Minister) but he must keep him to his text, and not break out by digression into Common places. 4. He may use no invectives in the exercise, unless it be in confuting of heresies. 5. He must be short in his admonitions and exhortations, and spend the time allowed him in opening the mind of the holy Ghost in that place, showing the dependence of the Text, and observing such notes as may edify the auditor. 6. Neither he that interpreteth, or any of the Assembly ought to move any question in open audience, which he doth not presently resolve without disputing with another; but every man must show his own judgement, and utter it to the edification of the Church. 7. If any be noted of curiosity, or bringing in of strange doctrines, he must be admonished by the Ministers and Elders, after the interpretation is ended. 8. The whole Ministers, with those that are of the assembly, aught to convene and judge how the persons have interpreted the text, and how they have handled and entreated the matter; during which time the person should be removed, till every man hath given his censure. After which the persons being called in, they should be gently admonished of their escapes, if any they have made; and then should all questions and doubts be resolved amongst them, without any contention. The exercise would be kept in every town, where Schools, and repair of learned men are, upon a certain day of the week, which, together with the books of Scripture that they shall think most profitable to be entreated, we refer to the judgement of the Ministers and Elders of the particular Church where they convene. The Ministers to Landwart, and Readers, so as they have gift of interpretation, lying within six miles of the Town, must assist and be present at the exercise, that either they may learn themselves, or others may learn by them. Moreover, whosoever are esteemed to have any gifts that may edify the Church, must be charged by the Ministers and Elders to join themselves with that company of interpreters, to the end the Church may know whether they be able to serve in the vocation of the Ministry, or not. And if any be found disobedient, and unwilling to communicate their gifts with their brethren, the censures of the Church should be used against such, providing that the consent and authority of the civil Magistrate be interrponed thereto: for no man should be permitted to live as it pleaseth him within the Church, but constrained to bestow their labours where it is thought they may serve to the edification of others. Of Marriage. Marriage ought not to be contracted amongst persons that lack judgement to choose. Therefore we think that children and infants cannot be lawfully married in their less age, that is, if the man be within 13. years of age, and the woman within 12. at least. If any have been married within those years, and kept their bodies pure and unconjoyned with others, we think not that such can be compelled to adhere as man and wife by reason of any former promise; but if after the years of judgement they have embraced one another by virtue of the last consent, having ratified the promise made by others for them in their youth, the same should be held as married persons. Public inhibitions should be made, that no persons under the power and obedience of Fathers, Tutors, and Curators, either men or women, contract marriage privately, and without the knowledge of those, to whom they live subject under the power of the Church censure; for if any son or daughter be moved towards a match, they are obliged to ask the counsel and assistance of their parents for performing the same. And though the Father notwithstanding their desires, have no other cause then the common sort of men have; to wit, lack of money, or because they are not perhaps of such a lineage and birth, as they require; yet must not the parties make any Covenant, till the Ministry or civil Magistrate be acquainted therewith, and interpone their request for the Parent's consent; which if they cannot obtain, finding no just cause why their marriage ought not to proceed, in that case they sustaining the place of the Parent may consent to the parties, and admit them to marry; for the work of God ought not to be hindered by the corrupt affections of worldly men. We call that the work of God, when two hearts, (without filthiness before committed) are so joined, that they are content to live together in the holy band of matrimony. If any commit fornication with the woman whom he requireth in marriage, then both of them do lose the foresaid benefit, as well of the Church, as of the Magistrate; for neither of them ought to be intercessors for filthy fornicators. The Father, or nearest friend, whose daughter being a virgin is deflowered, may by the law of God compel the man who hath done the injury, to marry his daughter; yet if the Father by reason of the offence will not consent to the marriage, he may in that case require the dowry of his daughter, which if the offender be not able to pay, he ought to be punished in his body by the Magistrate, with some other punishment. In a reformed Church marriage ought not to be privately used, but in open face and presence of the Church: Also for avoiding dangers, we think it expedient that the banes be proclaimed three Sundays, unless the persons be well known, and that no suspicion of peril can arise, and then may the Proclamation be shortened at the discretion of the Minister. But in no ways can we admit marriage to be secretly used, how honourable soever the persons be, and therefore esteem Sunday before Sermon, the most convenient time for celebration of marriage, and that it ought not to be used upon any day else, without the consent of the Ministry. Marriage once lawfully contracted, may not be dissolved at man's pleasure, (as our Saviour doth witness) unless adultery be committed; which being sufficiently proved in the presence of the civil Magistrate, the innocent party (if they require it) ought to be declared free, and the offender put to death, as God hath commanded. But if the life of the offender be spared, yet may not the Church be negligent in their duty, which is to excommunicate the wicked, and pronounce the innocent party free. And not the less, if the offender show any fruits of penitency, and earnestly desire to be reconciled to the Church, he may be received to the participation of the Sacraments, and other benefits of the same. If any shall demand, whether the offender after reconciliation may again marry or not; we answer, that if they cannot live continent, and if the necessity be such, as that they fear to fall of new into the offence of God, we cannot deny them the remedy appointed. If the party offended may be reconciled to the offender, then in no case we judge it lawful to the offender to marry another, and the solemnisation of their marriage must be of new in the fac● of the Church, but without the Proclamation of the banes. This we offer as the best counsel that God giveth us in so doubtful a case; howbeit we judge the best reformation were to prefer God's Commandment, and punish those crimes, as he requireth, with death. Of Burial. Burial hath been had in estimation in all ages, to signify that the body which is committed to the earth shall not utterly perish, but rise again in the last day; but this we would have done without vain and superstitious rites, devised for making gain, and advantage; such as singing of Masses, Diriges, and all other prayers for the dead; which custom is plainly repugnant to the Scriptures of God, for it is manifest, that they who depart in the faith of Christ jesus, rest from their labours, and so go from death to life; as on the other side, they who depart in unbelief, shall never see life, but the wrath of God abideth upon them. For avoiding all inconvenients, we judge it best, that neither singing nor reading be at the burial; for albeit these things may admonish the living to prepare themselves for death, yet superstitious and ignorant persons may think that some profit thereby cometh to the dead. Herefore we think it most expedient, that the dead be accompanied to the place of burial with some honest neighbours, without either singing or reading, and without all kind of ceremonies formerly used: so that the bodies be committed to the grave in such decent and seemly manner, as they who are present may be warned to fear the judgements of God, and to hate sin which is the cause of death: yet we are not so precise in this, but that we are content that particular Churches with consent of the Minister, do that which they shall find most fitting, as they will answer to God, and the Assembly of the universal Church within the Realm. We are not ignorant that some require a Sermon at the burial, or else some places of Scripture to be read for putting the living in mind that they are mortal, and that they likewise must die; but let these men understand, that the Sermons which are daily made, serve for that use, which if men despise, funeral Sermons shall rather nourish superstition, then bring such persons to a right consideration of their own estate. Further, the Ministers shall this way be for the most part occupied in preaching funeral Sermons, or else they shall have respect of persons, preaching at the funeral of the rich and honourable, and keeping silence, when the poor and despised die; which the Minister with a good conscience cannot do, seeing there is no respect of persons with God: And whatsoever they do to the rich, in respect of their Ministry, the same they are bound to do to the poorest under their charge. Churches appointed for preaching and ministration of the Sacraments, ought not to be made places of Burial. But for that use some other convenient ground is to be appointed, lying in the most free air, and kept to that use only; which we think should be well walled and fenced about. For Reparation of Churches. Lest the word of God, and ministration of the Sacraments should come in contempt through the unseemliness of the place, where these exercises are used; we think it needful that the Churches where the people publicly convene, be repaired with expedition, and repaired in such fashion as may agree with the Majesty of the word of God, and serve to the ease and commodity of the people. The preparation would be according to the possibility and number of Churches; every Church having close doors, windows of glass, thatch or slate to defend the people from rain, a bell to convocate them, a pulpit, a basin for baptising, and a table for ministration of the Lords Supper. Where the congregation is great, reparation must be made within the Church for the commodious receiving of the people; and the expenses raised partly of the people, and partly of the tithes, at the consideration of the Ministry. But because we know the sloth of men in these businesses, and in all other affairs which redound not to their private commodity, strict charge would be given for the reparation aforesaid within a certain day, and penalties inflicted upon the contemners. For punishment of those that profane the Sacraments. It hath been the policy of Satan to draw mankind into one of two extremities; either to hold men gazing upon the visible elements, so as forgetting the end for which they were appointed, they do ascribe unto them a saving virtue and power, which they have not; or then to cause them despise the Ordinance of God, as though there was no profit in the right use thereof, nor any danger in the profanation. In time of blindness the holy Sacrament was gazed upon, kneeled unto, carried in procession, and worshipped as Christ himself: and then men stood in such admiration of the idol in the Mass, that none durst have presumed to have said Mass, nor have ministered the Sacraments but Priests, and those of the shaved sort. Now men are so bold, as without all vocation to minister the Sacraments in open Assemblies; and some presume to do it in houses without all reverence, where there is neither Minister nor Word preached. Our desire is that some strict punishment be inflicted upon such abusers; which albeit we will not take upon us to prescribe, yet we fear not to say, that both of them deserve death. For if he who falsifyeth the seal and subscription of a King, be adjudged worthy of death, much more he that falsifieth the seal of Christ jesus, who is the Prince of all the Kings of the earth. King Darius gave out an edict, that he who did let the re-edifying of the material Temple in jerusalem, should have some wood taken out of his house, and be himself hanged thereupon; And what shall we think those do merit, who manifestly do hinder the building of the spiritual temple, and the edifying of the souls of God's people, by the true preaching of the Word, and right administration of the Sacraments? The Papistical Priests have neither power nor authority to minister the Sacraments of Christ, because in their mouths God hath not put the word of exhortation: And it is not shaving of their crowns, the crossing of their fingers, the blowing of the dumb dogs, called the Bishops, nor the laying on of their hands, that maketh them true Ministers; but the Spirit of God first moving the heart to enter in the holy calling, than the nomination of the people, the examination taken by the learned, and public admission in manner aforesaid, are the things that make men lawful Ministers of the Word and Sacraments. We speak of the ordinary vocation in Churches reform, and not of the extraordinary, whereby God is pleased sometimes to raise up men by himself for doing his work. Therefore notwithstanding the usurpation they have made in time of ignorance, inhibition would be given them in the strictest manner, not to presume upon the like hereafter; as likewise to all others who are not lawfully called to the holy Ministry. This was the policy desired to be ratified; It had been framed by john Knox, partly in imitation of the reformed Churches of Germany, partly of that which he had seen in Geneva; whence he took that device of annual Deacons for collecting and dispensing the Church rends, whereof in the sixth head he speaketh; I cannot say, A Noble man being asked his judgement thereof; answered, that it was a devout imagination, wherewith john Knox did greatly offend; yet was it no better than a dream, for it could never have taken effect. The Church men that went before had been provident enough in these matters, and good it had been for these that succeeded to have kept fast that, which they found established to their hand, as the Archbishop of St. Andrew's did at the same time advise them. For he employing john Brand, The advertisement of the Archbishop of St. Andrew's sent to john Knox. a Munk of Halyrudhouse, (who served many years after Minister at the Ca●ongate) to go unto john Knox, willed him to say from him, That albeit he had innovated many things, and made reformation of the Doctrine of the Church, whereof he could not deny but there was some reason; yet he should do wisely to retain the old policy which had been the work of many ages, or then put a better in place thereof, before he did shake the other. Our Highlandmen, he said, have a custom, when they will break young Colts, to fasten them by the head with strong tethers, one of which they keep ever fast, till the beast be throughly made. The multitude, that beast with many beads, would just be so dealt with. Master Knox, I know, esteemeth me an enemy, but tell him from me he shall find it true that I speak. The Estates always, A direction for demolishing Cloisters and Abbey Churches. not thinking it meet to enter at that time in examination of the policy, deferred the same to a more convenient season, only an Act was passed for demolishing Cloisters, and Abbey Churches, such as were not as yet pulled down; the execution whereof was for the West parts committed to the Earls of Arrane, Argile, and Glencarn, for the North to Lord james, and for the in-countries to some Barons that were held most zealous. Thereupon ensued a pitiful vastation of Churches, and Church buildings throughout all the parts of the Realm; for every one made bold to put to their hands; All the Churches under this pretext spoilt and defaced. the meaner sort imitating the ensample of the greater, and those who were in authority. No difference was made, but all the Churches either defaced, or pulled to the ground. The holy vessels, and whatsoever else men could make gain of, as timber, lead and bells, were put to sale. The very Sepulchers of the dead were not spared. The Registers of the Church, and Bibliotheques cast into the fire. In a word; all was ruined, and what had escaped in the time of the first tumult, did now undergo the common calamity; which was so much the worse, that the violences committed at this time, were coloured with the warrant of public authority. Some ill advised Preachers did likewise animate people in these their barbarous proceedings, crying out, That the places where idols had been worshipped, ought by the Law of God to be destroyed, and that the sparing of them, was the reserving of things execrable; as if the commandment given to Israel for destroying the places where the Canaanites did worship their false gods, had been a warrant for them to do the like. The report also went, that john Knox (whose sayings were by many esteemed as Oracles) should in one of his Sermons say, That the sure way to banish the Rooks, was to pull down their nests: which words (if any such did escape him) were to be understood of the Cloisters of Monks and Friars only, according to the Act passed in the Council. But popular fury once armed can keep no measure, nor do any thing with advice and judgement. After the convention dissolved notwithstanding of the answer given concerning the Book of Policy, divers Noblemen and Barons moved by john Knox did convene, and set their hands to the same. The subscribers were, the Duke of Chattellerault, the Earl of Arrane, Argile, Glencarn, Martial, Menteith, Moreton, and Rothes, Lord james, the Lord Yester, Bo●d, Ochiltrie, Sanquhar, and Lindesay, the Bishop of Galloway, the Dean of Murray; the Lairds of Drumlanrigge, Lonchinvar, Garlees, Barguency, and divers Burgesses; with this provision adjected, That the Bishops, Abbots, Priors, and other beneficed men, who had joined themselves to the Religion, should enjoy the rents of their benefices during their lives, they sustaining the Ministers for their parts, as was prescribed in the said book. But all this turned to no effect, for the Churchmen that were Popish took presently a course, to make away all the Manses, Gleibs, Tithes, and all other rends possessed by them, to their friends and kinsmen; and most of these that subscribed, getting into their hands the possessions of the Church, could never be induced to part therewith, and turned greater enemies in that point of Church Patrimony, than were the Papists, or any other whatsoever. THE HISTORY of the CHURCH OF SCOTLAND. An. 1561. THE FOURTH BOOK. The Contents. The things that fell out after Queen Mary her coming from France into this Kingdom, unto her resignation of the Crown to King james her son. THe Queen preparing to return home was taken with the Fever tertian, The Queen prepareth to return from France. and forced to stay at janville some months. In the end of june she came to Paris, where Francis Earl of Bedford, (who was sent from England to condole King Francis his death) did in the name of his Mistress salute her, and after some gratulatory speeches for her recovery, propone the ratification of the contract made at Leth, Her conference with the Earl of Bedford entreating the performance of it. The Queen thanking her sister for her kindness, answered, That she was not as yet in perfect health, but hoped shortly to be well. Touching the ratification, she said, that she remembered the business, but could give no resolute answer, till she had the advice of the Nobles, and estates of her own Realm. For though the matter concerned her principally, yet the same did touch them also: and they having showed themselves displeased in former times, because she did not take their advice in affairs, would now be much more offended, if she should proceed in that matter, not having first acquainted them therewith. But as she trusted, the same should not be long a doing, seeing she intended to make her voyage shortly home. The Ambassador replying; that there was no cause to doubt of their consents in that particular, the accord being made by themselves. It was made, said the Queen, by some of them, not by all; and when I come amongst them, Monsic●r d' Oyfell sent into England. it will appear what mind they are of. But I will send Monsieur d' Oysell to my sister, who shall give her I trust good satisfaction, and by him I will signify that I am to go into Scotland, and will require those favours of her that Princes do one to another in the like cases. Soon after this she sent Monsieur d'Oysell into England with a direction, that after he had done this message unto the Queen, he should go into Scotland, and take order that the Garrisons kept in the Castle of Dunbar, and the Isle of Inchkeith should keep those Forts until she were safely arrived. The Queen of England● answer. But the Queen of England taking ill the delay of the ratification, answered him in the hearing of all the attendants; That except the Queen of Scots did confirm the conditions agreed upon at Leth, wherein she found herself still frustrated, there could be no perfect amity amongst them; and if she would do that, the kindness which became a Queen her cousin and neighbour, should not be wanting on her part. This she desired him to report, and leave his journey unto Scotland, for that she would not permit the same through her Country. The Queen of Scots highly offended with this answer, did call Nicholas Throgmorton, the Ambassador Legier of England, and kept a long conference with him about these matters, The Queen of Scots offended with it. which out of the Ambassadors own letters sent to the Queen his Mistress I shall relate. Commanding her attendants to go aside, she broke forth in these speeches: How great soever my weakness be, I like not to have so many witnesses of it, Her conference with Nicoolas Throgmor●on. as your Queen of late had, when she talked with Monsieur d'Oysell. And now I must tell you, that nothing grieves me more, then that I should have desired a thing of her that I stood in no great need of: having God's favour, I can return to my Country without her leave, as I came hither, against the will of King Edward her brother: Neither do I lack friends, that both will and may convey me safefy thither; yet I desire rather to try her friendship then any others. Oftentimes you have said, that it were good both for ourselves, and for our Kingdoms, that we should live friends and keep kindness one to another, but it seemeth not that she is so minded, otherwise she would never have returned me such an answer. It is like she favoureth my rebellious subjects more than me; yet she should with reason think that my subjects who have rebelled against me, will never be so trusty and loving to her, as I myself. My friends do marvel what her purpose could be in assisting my Subjects against me; and now to hinder my return unto my own Country being a widow. I know not what it should mean; I work her no trouble, I have no meddling with the affairs of England; and yet I know there be numbers in that Country who are not well contented with the present times; I require nothing of her but amity, and friendship, and this I cannot have. She objects to me, that I have small experience of the world; It is true, that years bring experience, yet I am of that age that I know how to carry myself towards my friends, and well-willers; I will not use many speeches unworthy of her, but let me with her good leave say, that I am a Queen as she is, that I have as good friends, and as good a stomach as herself. But comparisons they say are odious, therefore I will contain myself. For that treaty at Leth, The Queen of Scots reasons for delaying the ratification. wherewith she so troubleth herself, it was made whilst the King my husband was alive, to whom according to my duty I was in all things obsequent. That he delayed to ratify the accord, it was his fault, not mine. After his decease the Council of France left me to my own Counsellors, neither would my uncle meddle in Scottish affairs, lest they should offend. The Scots that are here with me, are not Counsellors, neither can I deliberate with them in weighty matters: assoon as I have consulted with the Estates of my Kingdom, I shall give her a reasonable answer; and that she may have it the sooner, I shall haste my journey homewards. But she perhaps will belay my way, and so impede her own satisfaction; and it may be she desireth no satisfaction of her demands, that there may be always some occasion of jarring and discord amongst us. She casteth often in my teeth, that I am young and unadvised; and so she might justly think me, if I should treat of matters of such importance, but as now I will not reason that point. This I may truly say, that I never did any thing to my sister, which I would not have done to myself. I have always performed the duty of a kinswoman unto her, but she doth either not believe it, or then despiseth my friendship. Would to God I were as dear to her, as I am near of blood, for this were a precious sort of kindred; but God forgive them, if there be any that stirreth up these contentions amongst us. You are her Ambassador, let me know what is it offendeth her, or in what word or action I have wronged her. Hereunto Throgmorton answered. Madam, Throgmorton his answer. I have no Commission to your Majesty, but for the ratification of the treaty at Leth; yet if you will have me to show what I think be the cause of my Mistress offence, I will tell it in few words, but not as an Ambassador. How soon the Queen my Mistress was crowned, you usurped the Title and Arms of England, which during Queen Mary's reign you never attempted; and a greater injury could not be offered to a Prince than that was. But saith she, My father in law and husband, who lived both at that time, commanded me so to do: after they were deceased, and since I have been at mine own liberty, I have neither used her Arms, nor Titles. And yet I see not what wrong it can be to me, who am a Queen, and had to my grandmother the eldest sister of King Henry the eight, to use the Arms of England, seeing others more remote in blood have done the like. The Marquis of Exeter, and Duchess of Suffolk Niece unto Henry the eight by his youngest sister, did bear the Arms of England, with borders for a difference, and should it be imputed as an injury to me so to do? But well I see, (so she concluded) that nothing I do is taken in good part. The Quen of England in the mean time falling in some jealousy of the Lords of Scotland, The Queen of England's letter to th● Nobility. because of that which the Queen had said, that the treaty at Leth was not made by all their consents, and that when she should be amongst them, it would appear whether they continued in the same mind, sent a letter full sharpness of to the Nobility and Council; wherein after an ample declaration of the friendship done to them, in the late aid they received against the French, she complained of the delays made in the ratification of the accord passed at Leth, which as it seemed by their Queen's words, was in their default, seeing she had said, that before she gave a resolute answer in that matter it behoved her to know their minds, whereof she could not be ignorant, so many of themselves being with her of late, and messengers going daily betwixt them; therefore she desired to know, if they did mind to keep the peace contracted, and if they continued in that mind, that they should procure the Queen to ratify it, at least to advertise her, what she might look for at their own hands. This letter was speedily answered by the Council, The Counsels answer. with great attestations that it came never in their minds to break the peace contracted; for in so doing they should make themselves infamous in the world, and sin highly against their consciences. Of the delay which their Queen made, and the reasons thereof, they professed to be ignorant. Therefore entreated her Majesty to be persuaded of them, that next to the glory of God they would study to keep the peace inviolate, and that there should be no blame in them, if the ratification was not made to her contentment. Whilst these things passed at home, the Queen of Scots set forward to Callais, attended by the Cardinals of Lorraine and Guise, the Dukes of Guise and d'Aumarll, the grand Prior, and the Marquis d' Elbeuf her Uncles, the Duke of Nemours, Monsieur d' Anvil the Constable's son, and divers others her friends and kinsmen. At Abbavile which is in the way to Callais, she sent for the English Ambassador, and asked him, by what means she might satisfy Queen Elizabeth. He answered, by ratifying the Treaty of Leth. He● 〈◊〉 with the English Ambassador at 〈◊〉. To whom she replied, I have very just reasons to refuse it, which ought not to be interpreted as delays. For first, that treaty should have been confirmed by my husband and me, and cannot now be ratified, unless it be concluded in my own name alone, seeing the King than my husband, is expressly named in the accord. Next, the most of the Articles are performed, for all preparations of war are ceased, and the French called back from Scotland. But the Queen offendeth, said she, that I use the title and arms of England. This I have not done since my husband's death: And if it be alleged, that the same is used in Letters Patents given me through France; it is known I cannot hinder that, for they who pass those letters are not my subjects; And for the Articles concerning Religion, I trust my own subjects shall have no cause to complain of my severity. Thus what I may do, I will, to give my sister satisfaction. And I pray you Monsieur l' Embassadeur, do the part of an Ambassador, and rather pacify the Queen, then exasperated her in any sort. So earnest she was to have all matters of quarrel laid aside, fearing that the Queen of England should seek to intercept her by the way: and indeed a Navy was put to Sea, under colour of suppressing Pirates, but the taking of one of the ships wherein were the Earl of Eglinton, and other passengers, made it suspected that a worse thing was meant. Always it fell out so, that the Queen of Scots, having a prosperous wind, The Queen 〈◊〉 at Le●h. passed by the English ships, (the weather being foggy) unperceived, and after the sixth day, after her embarking, which was the 20. of August, 1561. did safely arrive at Leth. The fame of the Queens coming noised abroad, The Nobility assembles to congratulate her return. the Nobility from all the parts of the Realm assembled to congratulate her return, and besides them numbers of all sorts of people convened, as unto a joyful spectacle: for they had not seen the face of their Sovereign for many years, and after her marriage with the French King, had scarce any hope of a King to reside amongst them: which would most certainly have happened, if any succession had followed of that marriage. For Scotland in that case would have been but an accession to France the mightier Kingdom; as Henry the seventh foretold of England (and we have seen it verified in our days) drawing unto it the weaker and lesser Crown. That the Queen therefore was now returned, and they delivered of the fears of redacting the Kingdom into a Province, they did justly esteem it one of the greatest benefits that could happen unto them. Then, when they called to mind the variableness of fortune, how she left a pupil of six days old only by the death of the Father, was exposed as a prey to those that were most mighty, and partly by civil seditions at home, partly by the invasions of external enemies from abroad, even before she could have any sense oftrouble, was forced to forsake her country, and relegated as it were into exile, having hardly escaped the hands of enemies that lay in wait to intercept her, and the violence of tempestuous and raging seas. And again when fortune began to smile a little upon her, and she was honoured with a royal Marriage, how these joys on the sudden came to be changed into extreme sorrows; being first deprived of her mother, then of her husband; a new Kingdom lost, and her ancient crown which belonged to her by inheritance, standing in a state very uncertain: whilst I say they called to mind these variable fortunes, and therewith considered the excellencies that nature had bestowed upon her, as the beauty and comeliness of her person, her mild inclination, and gracious demeanour toward all sorts of people, it cannot be told what a joy and love this begat in the hearts of all the subjects. The beginning of her government was likewise very gracious, No change to be made in religion, and a private Mass permitted to the Queen. for some few days after her arriving in a Council kept with the Nobility to remove the occasions of trouble she condescended, that no change nor alteration should be made in the present state of Religion; only she would use her own service, as she said, apart with her family, and have a Mass in private. This was thought by many a thing not intolerable, considering she was the Sovereign Princess of the Realm, and educated from her youth in the Roman faith, from which there was hope, by better instruction, and humble and courteous behaviour, she might be reclaimed; yet the Preachers in their Sermons did publicly condemn that toleration as unlawful. And amongst the Nobility, The Earl of Arran opposeth the Earl of Arrane did oppose it, taking protestation that he did neither agree to private nor public Mass: which highly displeased the Queen, and was thought to have alienated her affection, that before seemed much inclining towards him. There fell out upon this an Accident, A tumult in the Abbey. which was like to have caused great trouble. The Queen purposing to hear Mass the next day in her Chapel of Halirudhouse, whilst the tapers and other things required to that service were carried through the Court, one of the common sort invading him, that bore the wax lights, broke them all in pieces, and if by the intervention of some more moderate spirits the tumult had not been repressed, the rest of the furniture had been wholly spoiled, and that day Mass disappointed. It was held a proud and insolent fact, and condemned by many; others said that the patience of men was too far tempted; and some maintained that if right were done, the Priest according to God's law made against idolaters, aught to suffer death. But this stir was quickly appeased by Lord james, much against the Earl of Huntley▪ his mind, who by this occasion thought to win credit with the Queen, and in conference with her Uncles bragged, that if the Queen pleased to use his service, he would reduce all the North countries to the Roman profession. But his courses being suspected, and the Quen misliking all counsels that tended unto trouble, no heed was given to his offers. The month following was spent in the entertainment of the French that had accompanied the Queen homewards, The Nobles that came from France with the Queen, return home. they made but short stay in the country; For about the midst of September, Duke d' Aumarll returned unto France by Sea, the grand Prior, and Monsieur d' Anvil took their journey through England, the marquis d' Elbeuf of all that company only remained, and abode all the Winter with the Queen. In this mean time was William Maitland of Lethington directed to the Queen of England with letters both from the Queen, William Maitland directed to England. and from the Nobility. The Queen's letters were full of kindness, tending all to express the love and affection she bore unto her, as to her dearest sister and kinswoman and the desire she had to continue in true and sincere friendship with her. The letters sent by the Nobility were to the same effect; but containing this more, That the surest way to preserve friendship 〈◊〉 true amtty amongst them two, was to declare the Queen of Scots her nearest and lawful heir to the Crown of England in case she should have no issue. Lethington urging this last point strongly as he was commanded, after he had used his best persuasions to that effect, was answered by the Queen of England, as followeth. I did expect another message from your Queen, The Queen of England's answer. than this is which you have brought me, and do marvel that she should forget the promise made before her coming out of France, touching the ratification of the treaty of Leth; which was, that how soon she returned to her own country, she should give me a full and resolute answer. I have long enough, said she. suffered myself to be abused with fair speeches, and now it had been time, if she had regarded her own honour, to have made good her promises. Lethington replied, that within a few days after the Queen took land, he was employed in this legation, and that she had no leisure to deal in any public matters, being taken up with admitting the Noblemen that came to welcome her into the Realm, and with the fetling of the estate of Religion, which her Majesty understood to be a work of no small weight, neither were all the Noblemen whose advice she must take in matters of that importance come into the Court, before his parting from it. Here the Queen interrupting his speech, said, What need is there of advice or counsel, to do that which by her subscription and seal she is bound to perform? He answered, that no commission was given him in that matter, nor did his Mistress think that any account thereof would have been required of him▪ but that she might justly excuse herself by the occasions he ha● mentioned. Then after a few more speeches of that purpose, the Queen returning to the chief point of his legation, said, I have observed that you have often in your discourse said, that your Queen is descended of the blood Royal of England, and that I am obliged to love her, as being nearest to me in blood of any other, which I neither will or can deny. Neither have I in any of my actions (as the world knoweth) attempted aught against the safety and tranquillity of her, and her kingdom; yea they that ●e most inward with me, can witness that even when I had just cause of offence given me, by her usurpation of the Titles and Arms of England, I could never be induced to think other, than that th● was the politic device of some enemies, to breed dissension amongst us. But howsoever that be, I hope so long as I live, she shall not bereave me of my Kingdom, nor yet be able, if God shall bless me with children, to impede their succession. And if it shall happen otherwise that I be taken away, she shall never find that I have prejudged the Right which she claimeth to the Kingdom of England, What a right it is I have never been curious to know, nor do I purpose to search and examine it, but will leave the same to the cognition of those whom it concerneth. This your Queen may assuredly expect at my hands, that I shall never wrong her, nor her cause, if it be just, in the least point. And God I take to witness, who heareth this our conference, that next myself, I know not any whom I would prefer to her, or who (if the t●tle should fall to be controverted) might exclude her. You know, saith she, who the competitors be: but alas, what power or force have these weak creatures to attempt so great an enterprise? always the matter itself is weighty, and of great importance, which I will take time to think upon. After some few days, A second conference with Lethington. calling Lethington unto her, she said, That it seemed strange to her, how the Nobility at the Queen's first coming should put up such a request to her, seeing they knew there was no reparation made of former wrongs, and to desire, saith she, that I should gratify their Queen, having received so great an injury, without any amends made, is it not in effect as much as to boast and threaten men if they will take such a course? I would have them think that I am strong enough for them at home, and lack not friends abroad that will maintain and defend my right. Hereto he replied, That in his first speech he had clearly discovered the intention of the Noblemen, how partly out of that duty, which they owed to their Sovereign, and the defence of her honour, partly out of a desire to confirm and assure the peace begun betwixt the two Realms, they had made this motion; and that the reason why they dealt so plainly with her, was not only the experience they had of her favour in times past, but also the respect of their own safety. For if any should oppose the Queen's right, and thereupon wars should arise betwixt the two Kingdoms, they must needs be driven to hazard their lives and estates. Wherefore they thought that their motion was not to be ill taken, seeing it tended to the cutting off the occasions of disagreement, and composing differences by a firm and certain peace. True, saith she, The Queen of England's reply. If I had attempted any thing to the hurt of your Queen's right, they might with reason have required me to amend it. But when I am yet in health and life to desire me to prepare mine own winding sheet, is a thing without example, nor hath the like ever been required at the hand of any Prince: yet I take in good part the meaning of your Lords, and am glad of the good affection they bear to their Queen, and the care they have to advance her honour. I think it likewise wisdom in them to foresee the dangers they may run into, and like well that they do abhor the shedding of Christian blood, which I confess could not be avoided, if any faction should arise, and lay claim to the Crown. But where, or what is that faction, or what force can they have? Always leaving these things, suppose I had an inclination to satisfy their desire, think you that I would rather gratify your Lords herein then the Queen herself? No, I will tell you, I have many other reasons that stay me from taking such a resolution. First, I know what a dangerous thing it is to touch this string, and I have ever upon great respects abstained from bringing in question the right of the Crown; for so often hath the controversy of marriage lawful and unlawful, of legitimate and base-born children, been agitated according as men's affections and humours led them, that even in regard of those disceptations I have hitherto forborn to match with any husband. Once at my Coronation I was married to this Kingdom, whereof always I carry this ring for a pledge, (pointing to a ring she more on her finger) And howsoever things go, I shall be Queen of England so long as I live; when I am dead, let them succeed who have the best right. If your Queen hath it, I shall not wrong her in the least point, and if it belong to another, it were not reasonable to desire me to do them an open and manifest wrong. If there be any law, which may bar her title, it is unknown to me, for I do not willingly think of these matters; but if there be any such, when I received the Crown, I swore to my people that I should not change their laws. Now where you say, The Queen of Englands●easons ●easons for her refuse. that by declaring your Queen my successor, our affection should become more firm; I rather fear, that it should be the seed of a most bitter hatred. For think you, that I will behold willingly the preparation of mine own funerals? It is natural to Princes to be jealous even of the children that by Birthright are to succeed them. How did Charles the seventh of France carry himself towards Lewis the eleventh, and he again towards Charles the eighth, or King Francis of late towards Henry who succeeded him? and is it probable, that I should be otherwise disposed towards my Cousin, if once she shall be declared heir unto my Crown? No, be sure I shall have the very same mind which Charles the seventh showed to Lewis the eleventh. There is another thing which I esteem of an exceeding great weight; I know the unconstancy of the people, how they loathe always the present government, and have their eyes continually set upon the next successor: and naturally they are more that look, as it is said, to the Sun rising then to the setting of the Sun. To omit other examples, this I know by mine own experience; when my sister Queen Mary reigned, how earnestly did a number wish to see me placed in her Throne? what a desire had they of my advancement? if I had but given my countenance to their practices, they would have refused no peril in bringing the same to effect. Now it may be the same persons are not of the same mind towards me, as children that dream that apples are given them are greatly joyed, but in the morning when they are awaked, and find themselves deceived, they fall a weeping; so they who loved me exceedingly when I was but called Elizabeth, and if I perhaps gave them any good countenance, thought with their selves, that how soon I was made Queen, they should be rewarded rather according to their own conceit, than any service done unto me, now when they find that the issue answereth not their expectation, some of them, it may be in hope of a better fortune, would not dislike a change of the government. For the greatest wealth that ever any Prince had, or can have, is not able to satisfy the unsatiable covetousness of men. And if this be our case, that the affection of our people is so easily changed, when we keep a greater moderation in our largesses, than they think we ought, or perhaps for some other light cause they grow discontented, what may we think shall come to pass, when seditious people have a certain successor designed, to whom they may open their griefs, and betake themselves, if they be in any sort displeased? In what a peril think you I should live, having so mighty neighbour Princes to succeed me? to whose grandor look how much I shall add by confirming her succession, so much I shall detract from mine own security. This peril no caution can assure, nor the bonds of any laws avert. Prince's also who live in expectation of Kingdoms, do hardly contain themselves within the limits of right and reason: surely I myself would never think my estate assured, if once my successor were known to the world. This is the sum of that which passed at this second audience. Not many days after getting access, Lethingtons' third audience. he asked the Queen, what answer she would give to the Nobility? she said, At this time, I have no answer to give, but that I approve the affection and sedulous care they have of their Sovereign's good estate, but the matter is of such weight, as I cannot on a sudden, or directly answer it. When your Queen shall perform her promise concerning the treaty of Leth, it will be time to require a proof of my affection towards her; till than I cannot with safety of mine honour gratify her in any thing. Lethington replied, as before, that he had no Commission in that business, and that in the matter of succession he had showed more his own judgement, than the mind of the Queen his Mistress; for he could never think the confirmation of the treaty of Leth, to be a thing of that importance, as for the delay or refusal of that, the Queen of Scots and her posterity should be excluded from the succession of the Crown of England. Neither will I now, saith he, inquire by whom that treaty was concluded; at what time, in what manner, by what authority, and for what cause it was done; for I have no warrant to speak of these things: but this I dare affirm, that albeit the Queen following her husband's direction, had ratified the treaty, she should have found herself thereby so far interessed, as she would doubtless used all means to free herself of the same. And this I say not in the Queen's name, but only to make it seem, that our Noblemen have reason to travel, that all debates and controversies may cease, and a firm and perpetual peace may be established. This and some other speeches interchanged amongst them touching the treaty, The conclusion taken by the Queen of England. moved the Queen of England to agree that the same should be revised by some Commissioners, and corrected after this form. That the Queen of Scots should thenceforth abstain from using the English Arms, and from the titles of the Crown of England, and Ireland, during the life of Queen Elizabeth, and her posteriy. That on the other part the Queen of England should oblige herself and the children begotten of her, to do nothing in prejudice of the Queen of Scots her succession. These were the things acted in this legation. Now at home the Queen keeping a progress in the country, The Queen of Scots her progress in the country. went from Edinburgh to Striveling, from thence to Perth, Dundy, and S. Andrews, and other special burgh's, where she was received with much honour and triumph; returning to Edinburgh a little before the feast of Michaelmas, at which time the Burgesses are wont to elect their annual Magistrates, and to set down statutes for the good of the town; amongst other acts, one was published, inhibiting that any adulterer, fornicator, drunkard, Mass Priest, or obstinate Papist, should be received in the town, under such pains as the law did prescribe. A●chibald Douglas Provost of Edinburgh committed. The Queen interpreting that to be an usurpation of royal power, did commit Archibald Douglas Provost to the Castle of Edinburgh, charging the Council of the Town to make a new election: which they obeyed, choosing Mr. Thomas ... in his place. A Proclamation was likewise made, granting liberty to all good and faithful subjects, to repair and remain within the Burgh at their pleasure, for doing their lawful and ordinary business. These things ministered great offence, The Preachers are displeased. who seeing the Queen take more liberty than she did in the beginning, keeping her Masses more public, and causing them to be celebrated with a greater pomp, did mightily complain thereof in their Sermons, but profited little; for some of the Noblemen, who had in former times showed themselves most jealous against the toleration of idolatry, were grown a little more cold by the flatteries of Court, and all of them emulous of others greatness, were striving who should be in most favour with the Queen. She had some while before this taken to be of her privy Council, The Queen maketh choice of a Council. the Duke of Chattellerault, the Earls of Huntly, Argile, Athol, Morton, Martial, Glencarn, Montrosse and Arroll, Lord james her brother, the Lord Ereskin, and Mr. john Lesly, Bishop of Rosse; Huntly was created Chancellor, one that in matters of religion had behaved himself very unconstantly, and to win the Queen's favour was now become altogether Popish. This animated the Priests and others of that faction, which before were quiet, and put them in some heart. One Ninian Winyet Schoolmaster at Linlithgow, a man of reasonable learning, set forth a Book of questions, Ninian Winyet a Priest exiled▪ against the confession of Faith; which went currant in the Court, and was much esteemed by them of his Profession. Being cited, and divers conferences kept with him, to make him acknowledge his errors, he continued obstinate, and was therefore sentenced by the Church; wherefore he forsook the Country, and flying to Germany was preferred to be Abbot of the Scottish Monastery at Ratisbone, where he lived many years. The Abbot of Corsragnell in the West, published about the same time another Faith. Whereunto john Knox having made a reply, and the Author in regard of his age and quality of birth, (for he was of the house of Cassils') was thought fit to be overseen. Mean while the Court was busied in a consultation how to supply the charge of the Queen's house, The thirds of Benefices granted to the Queen. which the ordinary revenues of the Crown could not so honourably maintain as was required. Divers being thought upon, the readiest seemed to fall upon the Church rends, and draw somewhat from the Prelates and beneficed Persons. To this purpose they were convened before the Council, and after a long Treaty, and many persuasions used, considering with themselves, how they subsisted merely by the Queen's favour, and that by refusing a part, they might endanger the whole, they were induced to yield the third part of their benefices, to be disposed of at the Queen's pleasure, and assumed forth of what places her Collectors should choose, her Majesty securing them of the two parts during their lives, and liberating them of the Ministers, with whose maintenance they were continually boasted. It carried some show of commodity this at first, but turned to little or nothing; the Prelates and beneficed men undervaluing their rents, and making up a third, which did afterwards when the number of Ministers increased, scarce suffice to their provisions. Much about this time a rumour was raised in the Court, A guard of horse and foot levied to attend the Queen. and went a while uncontrolled, that the Earl of Arran intended to ravish the Queen, whom he was known to love most passionately. She whether counterfeiting a fear, or that there was any cause given that way, it is not known, did levy a guard of horse and foot to attend her person: which put divers in fear, Lord james sent to the borders is at his return made Earl of Marr● He is preferred to the Earldom of Murray, and the Lord Ereski● made Earl of Marre. and opened the mouths of discontented people, as if some grounds of tyranny had been thereby laid. But she not regarding these surmises, and careful only of the Country's quiet, laboured earnestly to have justice take place, and the borders then being unquiet, sent her brother Lord james thither with a Commission of Lieutenandry; which he faithfully discharged, using exemplary punishment upon a number of broken men, and takeing pledges of others for living obedient to the Laws. For this service at his return he was preferred first to the Earldom of Marre, and a little after to the Earldom of Murray: for the Lord Ereskin, having claimed title to the Country of Marre, was by the Queen made Earl of the same. Huntly Huntly offendeth with these preferments. offending that these honours should have been conferred without his consent, and he thereby put from the possession first of Marre, then of Murray, which he had enjoyed since the death of King james the fifth; and because of that long possession reckoned to be part of his own patrimony; resolved, since he saw his own credit and authority waning, before that of Murrayes was fully settled, to underm inehim by one mean or other: whereupon by scandalous detractions and other the like courses familiar in the Courts of Princes, He chargeth Murray with the affectation of the Crown. he laboured to disgrace him; and finding that these prevailed not, presented to the Queen a libel written with his own hand, wherein he charged the Earl of Murray with ambitious affectation of the royal authority. Yet the proofs he brought being weak, the Queen made no account thereof. This also failing, he incited james Hepburn, Earl of Bothwell, Bothwell stirreth up the Earl of Murray against the hamilton's. (one that had debauched his patrimony, and had all his hopes depending upon the public disturbance) to set the Earl of Murray and the hamilton's by the ears: which he assayed to do, first by persuading the Earl of Murray to ruin Duke Hamilton; who, as he said, lay waiting on the Queen's death, and aimed at no less than the Crown, and besides bare a particular enmity against himself. This he said could not but be acceptable to the Queen, seeing that besides the natural hatred that all Princes have to their successors, she did bear a special grudge to the Earl of Arran for his love to the reformed religion, and because of some hard speeches that fell out in a conference betwixt him and her uncle the marquis d' Elbeuf. The Earl of Murray abhorring such unhonest practices, Practise against the Earl of Murray. and refusing to hearken thereto, his next address was to the hamilton's, offering to take part with them in cutting off the Earl of Murray (whose credit with the Queen he knew they disliked) and showing how easy it might be done; By this means, he said, they should have the Queen in their own hands, and be rid of him who chiefly stood in their way. The time and place of the murder being considered upon, Bothwell and Gavin Hamilton Abbot of Kilwining, are said to have taken the matter in hand. The device was to kill the Earl whilst the Queen was at hunting in the Park of Falkland, and that performed, to carry the Queen along with them for their greater surety, and the countenancing of the fact. The Earl of Arrane, The practice discovered by the Earl of Arrane. who had withstood the conspiracy, perceiving them resolute in that they had undertaken, and fearing it might take effect, advertiseth the Earl of Murray of the plot laid against his life; Murray rendering him many thanks, the letter was intercepted by some that disliked the intelligence they kept with others, and finding by the answer what advertisement he had made, persuaded the Duke his father to send him with some Keepersto the house of Kinneill. But he making an escape in the night came to the house of Grange in Fife, and sending to the Earl of Murray to show what had happened, was the next morning conveyed by him to the Queen in Falkland. And at his coming he discovered the whole practice unto her; whereupon Bothwell and Kilwining were both apprehended, for they were come to Falkland of intent to clear themselves. Arrane becometh distracted. Arran being brought before the Council to be examined, was observed to be in some perturbation of mind, and being dimitted for that time, was at his next appearing clearly perceived by his words and countenance to be taken with a frenzy, yet when he came to himself, as he did sometimes in the beginning of the disease, he wrote to the Queen and others so judiciously, as many thought he did only fain himself mad, to free his father of the conspiracy. The rest he accused so constantly and with such eagerness, that in presence of the Council he made offer, since the accusation could not be made out by witnesses, to try in single combat with Bothwell. But the Queen misliking that form of trial made Bothwell to be sent to the Castle of Edinburgh, and the Abbot of Kilwining to the Castle of Striveling, committing Arrane to the custody of some persons at Court. And now Huntly imagining that he had a fair occasion to put Murray out of the way, New devices for cutting oft Murray. and that he might do the same more safely, having two of the greatest Families in the Kingdom partners with him in the quarrel, fell into other devices; and first stirring up a trouble in St. Andrews where the Queen then remained, and thinking that M●rray would come forth upon the noise to pacify the tumult, he resolved by some whom he had suborned to cut him off in the fray. This not succeeding, An. 1562. some armed men were laid to intercept him as he came from the Court at night; for the Queen detaining him late, he was wont to go accompanied with one or two only in most quiet manner to his lodging. But this being likewise frustrated by advertisement given to Murray, and he having tried it to be so (for upon the notice given him, he went and found them standing armed in the Porch of the Abbey, which was the place designed to him) delated the matter to the Queen. Huntly excusing his men, said that they were some only of his company, who being to go home that day, had put on their arms, and being stayed by some occasion till the next morning, were there attending his coming. This excuse, albeit naught and frivolous, Letters sent from beyond sea in favour of Huntly. was accepted for the time, which gave many to think, that the Queen's affection to her brother was not so great as it was commonly taken to be. And it is true, that about the same time the Queen had received letters from the Pope, the Cardinal of Lorraine, and her uncles in France, advising her to entertain Huntly as the man most powerful, and best inclined towards the advancing of the Romish religion, and to give him some hopes of her marriage with john Gordon his second son, whereby he should be made more forward in the purpose. Great promises were made besides of money and other necessary supplies for war, but so always, as these were made away that were enemies to the Catholic faith; of whose names a roll was sent unto her, and the Earl of Murray placed in the first rank. But what impression these letters made in the Queen's mind, she showed the same to her brother, and used him with no less respect than before. In the beginning of the next summer there was a great speech of the interview of the Queens of England and Scotland, An interview of the two Queens moved. and messengers to and fro sent to agree upon the place, the time and manner of the meeting. The motion came from the Queen of Scots, who, as it was thought, greatly affected the same out of a desire she had to live in a firm peace with the Queen of England, and make herself known to the subjects of that Country. Neither was the meeting disliked of the better sort, as thinking it would serve, besides the preservation of the common peace, to bring her unto a liking of the reformed religion. But they who were popishly set, fearing greatly the conference, spoke openly against it, saying, That of such interviews there was never seen any good fruit, and that it would not be safe for the Queen of Scots to put herself in the power of her, whose Kingdom she had claimed. Not the less, the treaty went on, and was concluded, York condescended to be the place of meeting, the numbers on either side agreed unto, and the time designed about the end of june. But whilst all things were in readiness for the journey, the Queen of England excused herself by letters, The interview stayed. desiring the interview should be put off till the next year, which the Queen of Scots was not ill pleased to hear: for she feared if the same had held, that the French King and her uncles should have been much offended. This journey being stayed, the Queen took her progress unto the North. Being at Striveling, Petitions of the Church to the Queen. she was petitioned by certain Commissioners of the Church for abolishing the Mass, and other superstitious rites of the Roman religion, and for inflicting some punishment against blasphemy, against the contempt of the Word, the profanation of the Sacraments, the violation of the Sabbaths, adultery, fornication, and other the like vices condemned by the word of God, whereof the laws of the Country did not take any hold. For actions of divorce, it was likewise desired that they should be remitted to the judgement of the Church, or at least trusted to men of good knowledge and conversation, and that Popish Churchmen might be excluded from places in Session and Council. To these Petitions exhibited in writing, the Queen after she had perused the same, made answer, That she would do nothing in prejudice of the religion she professed, and hoped before a year was expired to have the Mass and Cattholick profession restored through the whole Kingdom: and thus parted from them in a choler. About the midst of August she entered into Aberdene, The Queen goeth to Aberdene. and was met by the Lady Huntly, a woman of an haughty disposition, wise and crafty withal in sifting the minds of others: she knowing the mutability of Prince's favours, laboured to insinuate herself in the Queen's affection, using all servile flattery, extolling the power of her husband, and repeating the offer he had made for reestablishing the Roman profession in these North parts. The Lady Huntley intercedes for her son. Then falling to intercede for her son john Gordon (who had offended the Queen by his escape forth of ward, in which he was put for wounding the Lord Ogilvie upon the high street of Edinburgh) she entreated her Majesty's favour for that oversight, and that he might be licenced to attend her Majesty, during her abode in those quarters. The Queen understanding what they went about, and how they flattered themselves with a conceit of her marriage, answered that it stood not with her honour to admit him in her presence, unless he should reenter himself in the place from which he had escaped. The Lady thanking her Majesty, and promising obedience in her son's behalf, did only entreat that the place of his Ward might be changed to the Castle of Striveling: whereunto the Queen having yielded, the Lord Glames was appointed to convey him thither; and he indeed went so far on the way, as to the Nobleman his house of Glames; but whether called back by his Father and friends, or of his own private motion it is uncertain) there he changed his mind, and returned to the North, where gathering some forces, a thousand horse or thereabout, with them he drew near to Aberdene. The Queen highly commoved with his contempt, The Queen taketh journey to innerness. yet dissembling her anger, did after a day or two keep on her journey towards Innerness, whither she intended. The eighth of September the night before her setting forth, were seen in the firmament great inflammations and lightnings extraordinary, which continued the space of two hours and above. It feared the common sort, who do always interpret such accidents to be prognostics of some trouble: But the Queen contemning these things as casual, would not hear of altering her journey; so the first day she went to Buquhaine, the next to Rothemay, and the third day being invited by Huntley to his house of Stra●thbogie, where great preparations were made for her receipt, she denied to go with him, or grace him in any sort, till his son gave obedience; and so kept on her way. The day following she came to Innerness, The Castle of Inn●●n●sse denied to the Queen. and thinking to lodge in the Castle, the Keeper Alexander Gordon refused to give her entry. Thereupon she began to suspect some treachery. In the Townsmen she could repose no assurance, as being all vassals and dependers of Huntley; The town itself was unfenced with walls, and the country all in Arms, (as she was advertised) to attend his coming. Yet disposing of things in the best sort she could, order was given to keep a strong watch, to fortify the passages into the town, and have ships prepared in the Road, whereunto if need were, she might take her refuge. About midnight some spies sent from Huntley unto the town were apprehended, who discovering his numbers and enterprise, were made fast. And the next morning, upon a rumour that went of her danget the Queen stood in, there flocked out of all quarters unto her number of Highlandmen, the fraser's, and Munroes chiefly, with their followers and friendship. The Castle beiseged and rendered. The Clanchattan in Huntleys' company, how soon they knew that the enterprise was against the Queen, forsook him, and slipped aside, came and yielded themselves unto her. She finding her forces increased, commanded to lay siege to the Castle which rendered upon the first assault. The Captain and principal Keepers were executed, but the lives of the common soldiers spared. After some four days abode in the Castle, the Queen returned to Aberdene, accompanied with all the Noblemen and clans of the country, and thither came the Lady Huntley with offers of submission for her husband, but was denied access. Huntley perceiving the world thus altered, Huntley resolves to invade the Queen. and himself fallen in the Queen's displeasure, so as there was no hope of regaining her favour, betook himself to desperate courses, and assembling his friends and others that would run hazard with him, he approached to Aberdene, presuming much of the affection of the inhabitants: At Court he had the Earl of Sutherland, and john Lesley of Bughaine, men of no mean power, who made him daily advertised of things that passed there, and the small numbers that were with the Queen, willing him to take the opportunity. Whereupon resolving to follow his enterprise before the forces of the Queen were further increased (for charge was gone to all that could bear Arms in Lothian, Fife, Angus, Stratherne, and Mernis, to come and attend her at Aberdene) he advanced with some 800. in company, looking to find no resistance. And like enough the enterprise had succeeded to his mind, but that the same morning letters were intercepted, sent by Sutherland and Buquhaine to Huntley, which detected all their counsel. Sutherland upon discovery escaped: Buquhaine was pardoned upon his confession, and from thenceforth served the Queen faithfully. Huntley advertised of these things, was advised by his friends to turn back; yet hearing the Earl of Murray was coming against him, he made a stay resolving to fight. The place of standing he choosed, The battle of Corrichie. was naturally fenced with moss and quagmire, and so of difficult access; 300▪ they were in all, for many of his followers the night preceding were slipped from him. Neither had the Earl of Murray any great number, and few whom he might trust: for howbeit of the country about, divers gathered unto him, most of them were corrupted by Huntley, as appeared when the companies came in sight one of another, all of them in sign of treason, and that they might be discerned by the enemy, putting a bush of heath or header in their helmets, and how soon they came to join, giving back, and retiring in great disorder. The Earl of Murray, who stood a little off with an hundred in a troop, discovering the treason called aloud to his men, that they should bend their Spears, and not suffer those that fled to enter amongst them. So forced to take another course, they went aside leaving him and his troop, when they had taken their standing. Huntley imagining upon that flight and disorder the day to be his, commanded his men to throw away their lances, and with drawn swords to run upon them, as to a slaughter. But when they were come to the place where Murray with his company stood, they were born back and compelled to fly as fast, as before they followed. They who had played the Traitors seeing this, to clear themselves, turned upon Huntley, and made all the slaughter which was committed that day. There fell in the conflict on Huntleys' side, The Earl of Huntl●y taken prisoner, and dieth. 120. near as many were taken prisoners, on the other party not a man died. Amongst the prisoners was the Earl of Huntley himself, with two sons, john and Adam Gordon: The Earl was aged and corpulent, and by reason of the throng that pressed him, expired in the hands of his takers, the rest were carried to Aberdene late in the night. The Earls of Murray, Morton, and Lord Lindesay (for these last two had been in the field with Murray) went first into the Church, Thanksgiving for the victory. where Mr. john Crage Minister of that City gave solemn thanks to God for the victory, and their safety. This ended, they went unto the Queen, who received them graciously, yet expressed no motion of a mind either troubled, or much joyed. The next day was spent in taking counsel concerning the prisoners; the conclusion whereof was, that punishment should be taken according to the laws of john Gordon; That Adam his brother should be spared, because of his tender age; the other captives fined according to their wealth, and those of meaner estate banished the country. john Gordon beheaded at Ab●rdene. The day following, john Gordon upon a scaffold erected in the street of Aberdene was publicly executed. His death was much lamented, not by his friends only, but even by strangers and persons unknown; for he was a youth of most brave and manlike countenance, of a valorous spirit, and one who by his noble behaviour had raised great expectation of himself. Abused he was by the hopes of a royal match, and which grieved all the beholders, pitifully mangled by an unskilful Executioner. This defeat of Huntley brought the North parts in a great obedience, The Lord Gordon forfeited and committed. and mightily discouraged those of the Popish faction throughout the whole Realm, for all that sort had placed their hopes on him and his greatness, both in the Court and country. The eldest of his sons named George, after the loss of that field fled to the Duke his Father in law, and was delivered by him to the Queen, who sent him prisoner to Dumbar. In the end of january he was accused and convicted of treason, his lands declared to be forfeited, The Archbishop of Saint Andrews committed. and himself committed to prison. Shortly after, john Hamilton Archbishop of S. Andrews was committed in the Castle of Edinburgh for saying and hearing of Mass. The Abbot of Corsragnal, and Prior of Whithern were used in the like sort, An. 1563. and divers Priests and Monks for the same cause censured. The severe proceeding against Papists put many in hope that the Queen should be brought to embrace the Religion: which was further assured by the countenance she gave unto the Church in the Parliament kept at Edinburgh the May following, A Parliament at Edinburgh. wherein divers statutes passed upon their Petitions, as in the Acts of that time may be seen. In this Parliament was the Act of oblivion (agreed unto at the treaty of Leth) first ratified; but without any respect to that treaty, which the Queen would never acknowledge. Wherefore it was advised that the Lords in the house of Parliament should upon their knees entreat the passing of such an Act, which accordingly was done. The rest of this summer the Queen spent in hunting in the countries of Athol and Argyle. But in August the same year there happened a thing that was like to have caused much trouble: A trouble at Halirudhouse. certain of the Queen's family that remained in the Palace of Halirudhouse had a Priest attending them, who did his ordinary service in the Chapel; divers of the town of Edinburgh resorting unto it, great offence was taken, and the disorder complained of by the Preachers. The Citizens being informed that many of their people were gone thither, one day went down, and being denied entry, forces the gates, Some were taken and carried to prison, many escaped the back way with the Priest himself. The uproar was great, and advertisement gone to the Queen thereof, she was mightily incensed, avowing not to come to the Town, till some exemplary punishment were inflicted upon the doers; yet by the mediation of the Earls of Murray and Glencarne she was pacified. john Knox called before the Council. john Knox only was called before the Council, and charged to have been the author of the sedition, as likewise for convocating the subjects by his missive letters, whensoever he thought meet. He answered, That he was never a Preacher of rebellion, nor loved to stir up tumults: chose, he taught all people to obey their Magistrates and Princes in God. As to the convocation of the subjects, he had received from the Church a command to advertise his Brethren, when he saw a necessity of their meeting; especially, if he saw Religion to be in peril: and had often craved to be exonerated of that burden, but still was refused. Then directing his speech to the Queen with a wonderful boldness, He charged her in the name of the Almighty God, and as she desired to escape his heavy wrath and indignation, to forsake that Idolatrous religion which she professed, and by her power maintained against the statutes of the Realm. And as he was proceeding, was required by the Earl of Morton then Chancellor (fearing the Queen's irritation) to hold his peace, and go away. After which time matters were carried more peaceably betwixt the Queen and the Church, the Earl of Murray always interposing himself, and propounding the Petitions of the Church unto her, as likewise returning her answers to their satisfaction. In the end of this year Matthew Stewart Earl of Lenox, by the permission of the Queen, The Earl of Lenox restored. returned into Scotland, and in a Parliament called to that effect in january next had the process of forfeiture laid against him, whilst the Duke was Governor, reduced, and so restored to his lands and possessions after 22. years' exile. Henry his son followed him some months after, Henry Lord Darnely son to Lenox, cometh into Scotland. and came to Edinburgh in the beginning of February. A young man not past 21. years, of comely personage, and of a mild and sweet behaviour. He had presence of the Queen in the place of Weymis, and was received with great demonstrations of favour. Nor was it long, that she was perceived to bear some affection unto him. Whereupon a speech went, that she would take him unto her husband. The Queen intendeth to take him to husband. And indeed, besides the love she carried to the young Nobleman, there was great respects that led her that way. He was descended of the Royal blood of England. And next unto herself, the apparent heir of that Crown. If it should fall him to marry with one of the greatest families of England, it was to be feared, that some impediment might be made to her in the Right of succession, which she thought was a wise part in her to prevent. Again, the Queen of England had advised her by Thomas Randolph her Ambassador, to choose unto herself a husband in England for the better conservation of the peace contracted betwixt the kingdoms, and had of late recommended the Earl of Leicester as a worthy match to her. She therefore as well to satisfy the Queen of England's desire, An. 1564. in not matching with a stranger, but with some Englishman born, as likewise to cut off all debates of succession, resolved to take the Nobleman to her husband. But no sooner was her intention discovered, Enemies raised up against the Queen. then on all sides enemies rose up against her. Of the Nobility at home, some opposed the Marriage under pretext of Religion (for the Earl of Lenox and his son were both esteemed to be Popish.) The Queen of England by Nicholas Throgmorton her Ambassador, advised her not to use haste in a business of that importance; and (to interpose some impediment) charged the Earl of Lenox and his son to return into England, the time being not yet expired, contained in their licences. And universally amongst the subject, the question was agitated, Whether the Queen might choose to herself an husband; or it were more fitting, that the Estates of the land should appoint one unto her. Some maintaining, that the liberty could not be denied unto her, which was granted to the meanest subject; others excepting, that in the heirs of the Kingdom the case was different, because they in assuring an husband to themselves, did withal appoint a King over the people; and that it was more reason the whole people should choose an husband to one woman, than that one woman should elect a King to rule over the whole people. It was objected also by some, that the marriage was unlawful, and contrary to the Canon law, Lady Margaret Douglas his mother, being sister uterine to King james the fifth her father. But for this the Queen had provided a remedy, having sent William Chisholin Bishop of Dumblane to bring a dispensation from Rome. And to strengthen herself at home, she restored George Gordon son to the Earl of Huntley, unto his lands and honours, recalled the Earl of Sutherland who lived an exile in Flanders, The Lord Gordon restored. and Bothwel that was banished in France. This wicked man was not well returned into the country, when he devised a new plot against the Earl of Murray his life, for which being called in question, he forsook the country, and fled again unto France. The only man that seemed to stand for the marriage, Signeur Davie an attendant on the Queen favoureth the marriage. and used his best means to promove it, was an Italian called David Risio, who had great credit that time with the Queen. This man had followed the Savo●an Ambassador into Scotland, and in hope of bettering his fortune gave himself to attend the Queen at first in the quality of a Musician; afterwards growing in more favour he was admitted to write her French letters, and in the end preferred to be principal Secretary to the Estate. It grieved many to see a stranger thus advanced; Lethington chiefly was displeased for that he found his credit this way impaired, yet being one that could put on any disguise on his nature, of all others he most fawned on this Italian, and showing him, as it was truth, that he was the object of divers Nobleman's envy, did persuade him by all means to work the match, and procute (if it could be) the consent of the Queen of England thereto: wherein offering his own service (for he longed after some employment abroad) he procured to himself a message towards the Queen of England. Secretary L●thington sent into England. By him the Earl of Lenox and his son did excuse their not returning into England, as they were charged; beseeching Queen Elizabeth's favour unto the match intended, and that which might prove more profitable to her and her Realm, than any other course the Scottish Queen should take. Signieur Davie (for so he was commonly called) did after this labour with all his power to have the marriage perfected; and as he was of a politic wit, the more to bind the young Nobleman and his friendship unto him, studied to have the same finished before the return of the Queen of England's answer, either fearing, that her disassent might work some delay in the match, or that the Nobleman's obligation to himself should be the less in case she consented. For this purpose a Convocation of the Estates was kept at Striveling in the month of May, A Convocation of the Estates at Striveling. where the matter being propounded, and the advice of the Estates craved, many did yield their consents, with a provision that no change should be made in the present estate of Religion. The greater part to gratify the Queen, without making any exception, agreed that the marriage should proceed. Of the whole number Andrew Lord Ochiltrie did only oppose, plainly professing, that he would never consent to admit a King of the Popish Religion. Shortly after, was Henry Lord Darnly created Lord of Ar●manoch, Earl of Rosse, and Duke of Rothesay, that honoured with these Titles he might be thought more worthy of the royal match. This determination of the Estates published, The Lord of Darnely created Duke of Roth●say. the Earls of Murray, Argile, Glencarn and Rothes, assisted by the Duke of Chattellerault, whom they had drawn to be of their faction, meeting at Striveling after that the Queen was parted, did join in a confederacy for resisting the marriage, pretending the danger, and other inconveniences that might arise to the Estate. A mutiny at Edinburgh. In the town of Edinburgh the people began to mutiny, and assembling themselves in companies on St. leonard's Crags took counsel to put their Burgesses in arms, to assign them Captains, and to disarm such of the townsmen as they knew to be affected to the marriage. The Queen highly incensed at this mutiny did haste to the town, The Queen cometh to Edinburgh, and the mutineers fly. at whose coming the heads of the faction, Andrew Slater, Alexander Clerk, Gilbert Lauder, William Harlaw, Michael Rind, james Inglish, james Young, and Alexander Gouthrie, fled forth of the town, and were denounced rebels. Their houses possessed by the Thesaurer, and their goods put under Inventary, were after some few days at the intercession of the Magistrates (so great was the Queen's clemency) restored, and themselves pardoned. The Assembly of the Church meeting at the same time in Edinburgh presented to the Queen by their Commissioners the Petitions following; An Assembly at Edinburgh. 1. That the Papistical and blasphemous Mass with all Popish idolatry, Petittions of the Church. and the Pope's jurisdiction should be universally suppressed and abolished through the whole Realm, not only amongst the subjects, but in the Queen's Majesties own person and family, and such as were tried to transgress the same punished according to the Laws. 2. That the true Religion formerly received, should be professed by the Queen, as well as by the subjects; and people of all sorts bound to resort upon the Sundays at least, to the prayers and preaching of God's Word, as in former times they were holden to hear Mass. 3. That sure provision should be made for sustentation of the Ministry, as well for the time present as for the time to come, and their livings assigned them in the places where they served, or at least in the parts next adjacent; and that they should not be put to crave the same at the hands of any others. That the benefices now vacant, or that have fallen void since the month of March, 1558. and such as should happen thereafter to be void, should be disponed to persons qualified for the Ministry upon trial and admission by the Superintendents. 4. That no Bishopric, abbacy, Priory, Deanery, Provostry, or other benefice having more Churches than one annexed thereto, should be disponed in time coming to any one man, but that the Churches thereof being dissolved, the same should be provided to several persons, so as every man having charge, may serve at his own Church, according to his vocation. That Glebe's and Manses might be designed for the residence of Ministers, as likewise the Church's repair; and an Act made in the next Parliament to that effect. 5. That none should be permitted to have charge of Schools, Colleges, and Universities, or to instruct the youth either privately or publicly, till they were tried by the Superintendents in the visitation of the Churches, and after trial admitted to their charge. 6. That all Lands founded of old to Hospitality should be restored, and applied to the sustentation of the poor; and that Lands, annual rents, or other emoluments belonging sometime to the Friars of whatsoever Order, as likewise the Annuities, Aultrages, Obits and other duties pertaining to Priests, be employed to the same use, and to the upholding of Schools in the places where they lie. 7. That horrible crimes abounding in the Realm, such as idolatry, blasphemy of God's Name, manifest violation of the Sabbath or Lords day, witchcraft, sorcery, and enchantment, adultery, incest, open whoredom, maintaining of brothels, murder, slaughter, theft, reife and oppression, with all other detestable crimes, be severely punished, and Judges appointed in every Province for executing the same. 8. That some order should be devised for the relief of the poor labourers of the ground, who are oppressed in their Tithes by Leases set over their heads, and they thereby forced to take unreasonable conditions. To these petitions the Queen made Answer by writing in this sort: First she said, The Queen's answer to the Petitions. That where it was desired that the Mass should be suppressed and abolished aswell in her Majesties own Person and Family, as amongst the Subjects, her Highness did answer for herself, that she was no ways persuaded, that there was any impiety in the Mass; and trusted her Subjects would not press her to do against her Conscience. For not to dissemble, but to deal plainly with them, she said, she neither might nor would forsake the Religion wherein she had been educated, and brought up, believing the same to be the true Religion, and grounded upon the Word of God. Besides she knew, that if she should change her Religion, it would lose her the friendship of the King of France, and other great Princes her friends and confederates, upon whose displeasure she would be loath to hazard, knowing no friendship that might countervail theirs. Therefore desired all her loving Subjects, who have had experience of her goodness, how she had neither in times past, nor yet in time coming did intend to force the conscience of any person, but to permit every one to serve God in such manner, as they are persuaded to be the best. That they likewise would not urge her to any thing that stood not with the quietness of her mind. As for the establishing the Religion in the body of the Realm, she said, That they knew the same could not be done but by the consent of the three Estates in Parliament. And how soon the same should be convened, whatsoever the Estates did condescend unto, her Majesty should thereto agree, assuring them in the mean while, that none should be troubled for using themselves in Religion, according to their consciences, and so should have no cause to fear any peril to their lives or heritage's. To the third and fourth Articles it was answered, That her Majesty did not think it reasonable, that she should defraud herself of so great a part of the Patrimony of the Crown, as to put the Patronages of benefices forth of her own hands, seeing the public necessities of the Crown did require a great part of the Rents to be still retained. Notwithstanding, her Majesty was pleased, that her own necessity being supplied, after it should be considered, what might be a reasonable sustentation to the Ministers, a special assignation should be made to them forth of the nearest and most commodious places, wherewith her Majesty should not intermeddle, but suffer the same to come to their use. Touching the sustentation of the poor, her Majesty said, That her liberality towards them should be as far extended, as with reason can be required. And for the rest of the Articles, Her Highness promised to do therein, as the Estates convened in Parliament should appoint, About the midst of july (the dispensation of the marriage being brought from Rome) the Queen was espoused to the Lord Darnelie, The Queen married to the Lord Darnly. after the Popish manner in the Chapel of Halirudhruse by the Dean of Restalrig, and the next day was he by the sound of the Trumpet proclaimed King, and declared to be associated with her in the Government. The discontented Lords sent forth their complaints upon this, The complaints of the discontented Lords. alleging, That the Kingdom was openly wronged, the liberties thereof oppressed, and a King imposed upon the people without advice and consent of the Estates (a thing not practised before at any time, and contrary to the Laws and received custom of the Country) Desiring therefore all good subjects to take the matter to heart, and join with them in resisting these beginnings of Tyranny. But few or none were thereby won to show themselves openly of their party, so as when the Queen with her husband went against them, they left the town of Striveling where the first convened, and fled into Paislay. The King to make himself more popular, The king heareth a Sermon at St. Giles. and take from the Lords the pretext of Religion wherewith they coloured their designs, took purpose to go unto St. Giles Church in Edinburgh and hear Sermon. john Knox (either doubting his sincerity, or favouring the faction of the Noblemen) fell upon him with a bitter reproof; for which being cited before the Queen and Council, john Knox cited before the Council. he not only stood to that he had spoken but added, That as the King for her pleasure had gone to Mass, and dishonoured the Lord God, so should he in his justice make her the instrument of his ruin. The Queen incensed with this answer, burst forth in tears: whereupon he was inhibited preaching by the Council, and silenced for some months. Mr. john Craig (who a little before was brought to Edinburgh) because of the prohibition given to his Colleague, refused to do any service there, which put the people in a stir, yet upon better advice, he was moved to continue in his charge. In the end of August the King and Queen accompanied with five thousand or thereabouts, The Lords pursued by the King and Queen. went to Glasgow to pursue the Lords. They removing from Paisley to Hamilton, an Herald was sent thither to summon the Castle, which they denied to render, giving out, that they would try the matter in battle the next day. But the manifold distractions amongst themselves did let this resolution, and divers falling away from their side, they went to Edinburgh, where supposing to find assistance, the Captain of the Castle forced them by his continual playing on the town, to quit it. After which they took their course to Dumfreis, alured by the fair promises of john Maxwell Lord Hereis. A new expedition upon this was concluded, and the Liege's warned to meet at Bigger, the 9 of October: in the mid time the King and Queen leaving the Earl of Lenox Lieutenant in the West parts, made a Progress through Fife, to punish those that had assisted the Lords. The Lairds of grange, Balcomie, Pitmillie, and Ramormie, were fugitive, some others of meaner sort taken prisoners, and the towns of Perth, Dundie, and St. Andrew's fined in great sums. This done, they returned to Edinburgh, and from thence went into Dumfr●is, where the Lords had stayed all that while: The Lord Hereis pretending to make their peace, concluded his own, The Lords fly into England. advising them to fly into England, as they did. Thither went the Duke of Chattellerault, the Earl of Murray, Glencarne, and Rothes, the Lord Ochiltrie, the Commendatory of Kilwinning, and divers others of good note. A few days they abode in Carlisle with the Earl of Bedford, Lieutenant at that time in the North. Then going to Newcastle, The Queen of England intercedeth for the Lords. they sent the Earl of Murray to the English Court, to entreat the Queen's intercession for them; she incontinent dispatched a Gentleman of her Privy Chamber, named Tamerorth with Letters to the Queen of Scots, requesting, that Murray and the rest might be received in favour. The Gentleman not vouchsafing to give her husband the title of a King, nor bringing any Commission to him, was denied presence, and had his answer delivered him in writing, to this effect: That Queen Elizabeth should do well to have no meddling with the subjects of Scotland, but leave them to their Prince's discretion, seeing neither she, nor her husband did trouble themselves with the causes of her subjects. The Duke perceiving that by these means their peace would not be hastily made; The Duke received in favour and knowing his reconcilement to be more easy, resolved to sever his cause from the rest, and sent the Abbot of Kilwinning to entreat favour to himself and his friends: which he easily obtained, for he was known to be nothing so guilty as the others, and to have been craftily drawn upon that faction; so he returned into Scotland, in December following. In this month a general Assembly of the Church convened again at Edinburgh, A general Assembly of the Church. where the answer made by the Queen to their last petitions was presented; and replied unto by the same Assembly in this manner: A reply to the answer of their last Petitions. First they said, That it was no small grief to the hearts of good and Christian subjects to hear, that notwithstanding the Evangel of Christ had been so long preached in the Realm, and his mercy so plainly offered, her Majesty should yet continue unperswaded of the truth of that Religion, which they preached and professed, it being the same which Christ jesus had revealed to the world, which he commanded his Apostles to preach, and ordained to be received of all the faithful, and firmly retained by them until his second coming; A religion that had God the Father, his only Son Christ jesus, and the Holy Spirit for the Authors thereof; and was most clearly grounded upon the Doctrine and practice aswell of the Prophets, as Apostles, which no other religion upon the face of the earth could justify, allege or prove. For whatsoever assurance the Papist had or could allege for his profession; the same the Turk had for his Alcoran; And the Jews more probably might allege for their rites and traditions, whether it be antiquity of time, or consent of people, or authority of Princes, or multitudes and number of Professors, or any the like cloaks they do pretend. Wherefore in the Name of the eternal God (with the reverence that became them) they required her highness to use the means whereby she might be persuaded of the truth, An. 1565. such as the preaching of the Word of God, the ordinary mean that he hath appointed for working knowledge and begetting faith in the hearts of his chosen ones, conference with learned men, and disputation with the adversaries, which they were ready to offer, when and where her Grace should think expedient. Next, where she could not believe any impiety to be in the Mass they made offer to prove the whole Mass from the beginning to the ending, to be nothing else but a mass of impiety, and that the Priest his actions, the opinion which the hearers, or rather the gazers upon it had of the same, were blasphemous, and grossly idolatrous. And where her Majesty said, she would not hazard the displeasure of the King of France and other Princes, with whom she was confederated; they to the contrary did assure her, That true Religion is the only bond that joineth men with God, who is the King of Kings, and hath the hearts of all Princes in his hands, whose favour ought to be unto her more precious, than the favour of all the Princes on earth, and without which no friendship or confederacy could possibly endure. Thirdly, touching her answer to the Article for sustentation of the Ministry, they show, It was never their meaning, that her Majesty, or any other Patron should be defrauded of their just rights. Only they desired when any Benefice was void, that a qualified person should be presented to the Superintendent of the bounds, to be tried, and examined by him. For as the Presentation belongeth to the Patron, so doth the Collation belong to the Church. Otherwise, were it in the Patron's power simply to present whom they pleased, without trial or examination, there should be no order in the Church, and all be filled with ignorance and confusion. Fourthly, to that which her Majesty spoke of retaining a great part of the Benefices in her own hands, they answered, That such doing was against the Law both of God and Man, and could not stand with a good conscience, seeing it tendeth to the destruction of many poor souls that by this means should be defrauded of instruction. And for the offer she made to provide the Ministry by assignations in places most commodious, her own necessities being first supplied, they said, That good order did require Ministers first to be provided, Schools for instructing the youth maintained, the fabric of Churches repaired and upheld, and the poor and indigent members of Christ sustained; all which ought to be furnished out of the Tithes, which are the proper Patrimony of the Church. These things done, if any thing were remaining, that her Majesty and Council might use it as they should think expedient. In end, giving thanks to her Majesty for the offer of assignations, they humbly desired the general offer to be made more particular, and that it might please her to reform the answer given to the Articles of the Church in all the aforesaid points. After this sort did the Church insist with the Queen, but with small success; for the provision of Ministers some small supply was obtained. But in the point of Religion, they found no contentment. During the rest of this winter, matters were quiet: but the next year had a foul beginning, Seigneur Davie who governed all affairs at Court, had only the Queen's ear, being slain upon the occasion, and after the manner you shall hear. The slaughter of Signior Davie conspired. There had fallen out a little before some private discontents betwixt the King and Queen, whereupon first she caused change the order which was kept in the Proclamations and public Records, placing the name of her husband after her own name, that the Royal authority might be known to belong unto herself wholly. And after a little time upon a colour that the dispatch of business was much hindered through the King's absence; she had appointed in stead of his hand, a cachet to be used in the signing of Letters, which was committed to the custody of Seigneur Davie. This being noted, (as they are never wanting some in Court to stir the coals) divers tales were brought to the King of the neglect and contempt that he was held in, and of the great respect carried to the stranger. The vanity and arrogancy of the man himself was likewise so great, as not content to exceed the chief of the Court, he would outbrave the King in his apparel, in his domestic furniture, in the number and sorts of his horses, and in every thing else: So as no speech was for the time more common and currant in the Country, then that of Davies greatness, of the credit and honour whereunto he was risen, and of the small account that was taken of the King. This the King taking in heart, he did open his grief unto his father, who advised him to assure the Nobility at home, and to recall those that were banished into England; which done, he might easily correct the insolency and aspiring pride of that base fellow. A parliament being then called to meet at Edinburgh the 12. A Parliament at Edinburgh deserted. of March, for pronouncing sentence of forfeiture against the Earls of Murray, Glencarn, Argile, Rothes, and other Noblemen that were fled into England, as the time of meeting drew nigh, the Queen laboured earnestly to have the process laid against them found good; and that matters might go to her mind, she designed Davie to exercise the office of Chancellor in that meeting. The Earl of Morton who after Huntley's death had supplied the place unto that time, interpreted this as a disgrace offered unto him, dealt with the King (with whom he was grown familiar) to make him sensible of his own contempt and misregard; and finding him apprehensive enough that way, drew him to a meeting in the Lord Ruthvens' lodging, upon pretext of visiting the Nobleman, who lay then diseased, where breaking forth in a speech of the present misgovernment, the blame of all was cast upon the King, as having for the pleasure of a wicked villain chased his cousins and best friends out of the Realm, and helped to raise a base fellow to such a height of credit, as now himself was become by him despised. The King that could not deny it to be his fault in a great part, professed his readiness to join with them for remedying those evils, and from thence forth promised to do nothing but by the consent of the Nobility. Yet they not esteeming it safe to trust his promises, whom they knew to be facile and somewhat uxorious, lest afterwards he should go from that agreement, did exhibit to him a Bond in writing, wherein they were all sworn to join for maintaining Religion, reducing the Noblemen lately exiled, and making Davie out of the way. Unto this the King did wittingly set his hand, and with him subscribed the Earl of Morton, the Lords Ruthven and Lindesay, for he also was present and upon the plot. The night following, because matters could not be long kept close, and needful it was to go presently thorough with the design by reason of the Parliament approaching, The slaughter of Davie. they prepared to execute the same. Morton, whose forces were greatest was appointed to guard the utter Court of the Palace, if perhaps any stir should be made. For there lodged within the Earls of Huntly, Athol, Bothwell, Sutherland and Cathnesse, with the Lords Flemyn and Levingston, a force to have resisted any sudden attempt. The King taking the Lord Ruthven with him, who was but lately recovered of a Fever, and followed by four or five men at most, entered into the room where the Queen sat at supper. Ruthven seeing Davie at the table, (for the Queen was accustomed when she supped private to admit others to sit by her, and that night the Countess of Argile, and beneath her Davie was placed) commanded him to arise and come forth, for the place where he sat did not beseem him. The Queen starting up hastily, went between Davie and Ruthven to defend him, and Davie clasping his hands about her middle, the King laboured to lose them, willing her not to be afraid, for that they were come only to take order with that villain. Then was he dragged down the stairs to the gallery where Morton with his company was walking. There they fell upon him, and striving who should give the first stroke, killed him with many wounds. It was constantly reported that he had warning given him oftener than once by john Damiott a French Priest, Damiott a French Priest willed him to be gone. who was thought to have some skill in Magic, to do his business and be gone, for that he could not make good his part; And that he answered disdainfully, The Scots are given more to brag then to fight. Some few days again before his death being warned by the same Priest to take heed of the bastard, he replied, That whilst he lived, he should not have credit in Scotland to do him any hurt. For he took the Earl of Murray to be the man, of whom he was advertised to take heed. But that prediction either fulfilled, or eluded, the first stroke was given him by George Douglas, base son to the Earl of Angus, after whom, such others as were in place, either serving their private malice, or desiring to be esteemed associates in that conspiracy, inflicted every man his wound till he was dispatched; yet had they no commandment from the contrivers, so to kill him: It being their purpose to have brought him to public execution, which they knew would have been to all the people a most grateful spectacle. And good it had been for them so to have done, or then to have taken him in another place, and at another time, then in the Queen's presence. For besides the great peril of abortion, which her fear might have caused; the false aspersions cast upon her fame and honour by that occasion, were such as she could never digest, and drew on all the pitiful accidents that afterwards ensued. The Queen's behaviour after Davies murder. The Queen bursting forth in many tears, after a great chiding she kept with the Lord Ruthven, sent one of her maids to inquire what was become of Davie, who quickly returning, told that he was killed; having asked her how she knew it, the maid answered, that she had seen him dead. Then the Queen wiping her eyes with her handkerchief, said, No more tears; I will think upon a Revenge. Neither was she seen after that, any more to lament. The rumour of this deed ran soon through the Town, whereupon the people did arm, and go to the Palace. But they were pacified by the King, who calling to them from a window, showed that the Queen and he were well, and that they needed not to fear, because that which was done, was done by his own commandment. The Noblemen that lodged within the Palace, were charged to keep within their chambers; yet the Lords Huntley and Bothwel escaped the same night by a window at the back of the Palace. Athol and the rest had licence to depart the next morning. Upon Tuesday thereafter (for the slaughter was committed upon Saturday the ninth of March) the Earls of Murray and Rothes, The exiled Lords return. with these that were exiled in England, returned to Edinburgh; and going first to the Parliament house, took documents, that they were ready to answer the summons of forfeiture directed against them, and that none did insist to pursue. In this doubtful estate of things the Queen not knowing whom to trast, sent for her brother the Earl of Murray, and having conferred familiarly a while with him, by his means had her servants and guards restored; for after the slaughter they were all put from her. The King protesteth his innocency. The night following she went from the Palace to Seaton, and from thence to Dumbar, taking the King with her in company; who repenting the fact, and forsaking the other Conspirators, did openly by sound of Trumpet at the Market Cross of Edinburgh protest his innocency, denying, that ever he gave his consent to any thing, but to the returning of the Lords that were banished in England. Yet was the contrary known to all men, so as this served only to the undoing of his reputation, and made him find few or no friends thereafter to aid him in his necessity. Upon the Queen's departing the Conspirators, The Conspirators fly into England. and whosoever were thought privy thereto, fled some to England, others to the borders, and Highlands, and such a change you should have seen as they who the night preceding did vaunt of the fact as a goodly and memorable Act, affirming some truly, some falsely, that they were present thereat, did on the morrow forswear all that before they had affirmed. The Earl of Morton with the Lords Ruthven, Lindesay, and young Lethington, remained at Newcastle in England, where the Lord Ruthven falling again in the fever departed this life. Mr. james Macgill, Clerk of Register, with divers Citizens of Edinburgh that were esteemed favourers of the fact, left the Town, and lurked privately amongst their friends. Inquisition of the murderers. After some four days stay at Dumbar the Queen returned to Edinburgh, accompanied with many of the Nobility, and then began Inquisition to be made for the Murderers. Thomas Scot Sheriff depute of Perth, and servant to the Lord Ruthven, with Sir Henry Yair sometimes a Priest, being apprehended, were after trial hanged, and quartered. William Harlaw and john Mowbray Burgesses of Edinburgh, convicted, and brought to the place of execution, had their lives spared by the intercession of Bothwel. The Lairds of Calder, Ormeston, Halton, Elphingston, Brunston, Whittingham, Shirre●hall, and many others being cited, as conscious of the murder, for not appearing were denounced Rebels. The office of the Clerk Register was conferred upon Sir james Balfour, and a conclusion taken in council, that they who should be tried to have either devised, or to have been actual committers of the said murder, should be pursued by order of Justice, and the same executed with all severity: An. 1566. but that the Commons and others that came to the Palace accidentally, should upon their supplication be used with more clemency. In all this proceeding there was none more earnest or forward than the King, notwithstanding whereof the hatred of the fact lay heavy upon him, nor could he ever after this time recover his former favour with the Queen. The rest after a little time were reconciled, Lethington by the means of Athol was first called home, albeit Bothwel did strongly oppose it. The Barons addressed for themselves, by means of their friends that were in credit. Morton and Lindesay in the winter following were pardoned at the request of the Earls of Huntley and Argyle. Now the time of the Queens lying in drew nigh, The Castle of Edinburgh made choice of for the Queen her lying in. whereupon the Council meeting to advise upon the place where her Majesty should stay, made choice of the Castle of Edinburgh, as the part most commodious: and ordained the Earl of Arrane, who was there kept prisoner, to be removed to the Castle of Hamilton with a liberty to travel by the space of two miles about, providing he should do nothing to the prejudice of his house, and enter himself unto 20. days warning in the Castles of Edinburgh, Dumbar, and Dumbarton, or any of them; for observance whereof the Earls of Murray and Glencarn became sureties. The Queen at her first entry into the Castle did feast the Nobility, and made them all friends: The Queen feasts the Noblemen. Argyle, Murray, and Athol had lodgings assigned them within the Castle. Huntley, Bothwel, and others of the Nobility remained in the Town. The 19 of june, betwixt nine and ten of the clock in the evening she was brought to bed of a son, The Queen delivered of a son. to the exceeding joy of the subjects, for which the Nobles and whole people assembled the next day in the Church of S. Giles, gave solemn thanks to God. Presently was Sir james Melvil sent to carry the news to the Queen of England, who to congratulate her safe and happy delivery, Sir Henry Killigrew sent from England. sent Sir Henry Killigrew to Scotland by Post. The Assembly of the Church convened the same time in Edinburgh, sent the Superintendent of Lothian to testify their gladness for the Prince's birth, The desire of the Church for the Baptism of the Prince. and to desire that he should be baptised according to the form used in the reformed Church. To this last she gave no answer, otherwise the Superintendent and his Commission were very graciously accepted. The Queen calling to bring the Infant that the Superintendent might see him, he took him in his Arms, and falling upon his knees conceived a short and pithy prayer, which was very attentively heard by her; having closed his prayer, he took the babe, and willed him to say Amen for himself; which she took in so good part, as continually afterwards she called the Superintendent her Amen. This story told to the Prince when he came to years of understanding, he always called him his Amen; and whilst he lived, did respect and reverence him as his Spiritual Father. The Queen waxing strong went by water to Alloway, The Queen goeth to Alloway. a house pertaining to the Earl of Marre, and kept private a few days. In that place broke out first her displeasure against the King her husband; for the following her thither, was not suffered to stay, but commanded to be gone, and when at any time after he came to Court, his company was so loathsome unto her, as all men perceived she had no pleasure nor content in it; such a deep indignation had possessed her mind, because of the disgrace offered to her in the slaughter of her servant Davie, the envy whereof was all laid upon the King, as she could never digest it. Secretary Lethington (who by his subtle flatteries was crept again into favour) did wickedly foster this passion, Secretary Lethington soffereth her Majesty's anger against the King. by putting in her head a possibility to divorce from the King, which he said was an easy work, and a thing that might be done, only by abstracting the Pope's dispensation of their marriage. And the Earl Bothwel (a man sold to all wickedness) did likewise by himself and by his instruments (of whom Sir james Balfour was the chief) take all occasions to incense her, and by exaggerating the King's ingratitude towards her, wrought her mind to an hatred implacable. In the beginning of October the Queen went to jedburgh, The Queen goeth to jedburgh. to keep some Justice Courts, where she fell dangerously sick; the King coming there to visit her, had no countenance given him, and was forced to depart. At her return from the Borders being in Craigmillar, Lethington reneweth the purpose of divers. Lethington renewing the purpose of divorce in the hearing of the Earls of Argyle and Huntley, did persuade her to take some course for her separation from the King, seeing they could not live together in Scotland with security. The Queen ask him how that could be done without some blemish to her honour: he replied, that none would think ill of her part therein, she being so ungratefully used by him; but that all might know the murder of Davie to have been his fact, her Majesty should do well to pardon the Lords, that were fled to England, and call them home. Nay said the Queen, I will rather have matters to continue as they are, till God remedy them. Yet within few days Morton and Lindesay were recalled at the entreaty of the Earls of Argyle and Huntley, as was touched before. Preparation was then making for the Baptism of the Prince, Preparation for the Prince's Baptism. who about the end of August had been transported to Striveling. To honour this solemnity, the Count de Briance, was sent Ambassador from the French King, Monsieur de Croke, from the Duke of Savey, and the Earl of Bedford from the Queen of England, who brought with him a Font of gold weighing two stone weight, with a Basin and Ewer for the Baptism. At the day appointed for the solemnity, (which was the fifteenth of December) they all convened in the Castle of Striveling. The Prince was carried by the French Ambassador, walking betwixt two ranks of Barons and Gentlemen that stood in the way from the Chamber to the Chapel, holding every one a proket of wax in their hands. The Earl of Athol went next to the French Ambassador, bearing the great fierge of wax. The Earl of Eglington carried the Salt, the Lord Semple the Cude, and the Lord Ross the Basin and Ewer: all these were of the Roman profession. In the entry of the Chapel the Prince was received by the Archbishop of S. Andrews, whose Collaterals were, the Bishops of Dunkeld, Dumblane, and Ross; there followed them, the Prior of Whithern, sundry Deans and Archdeans, with the Gentlemen of the Chapel in their several habits, and Copes. The Countess of Argyle by Commission from the Queen of England, did hold up the Prince at the Font, where the Archbishop did administer the Baptism with all ceremonies accustomed in the Roman Church, the spittle excepted, which the Queen did inhibit. The Earl of Bedford entered not in the Chapel, during the service; and without the doors stood all the Noblemen, professors of the reformed Religion. The rites performed, the Prince was proclaimed by his name and Titles. james, Prince and Stewart of Scotland, Duke of Rothesay, Earl of Carrick, Lord of the Isles, and Baron of Renfrew: then did the Music begin, which having continued a good space, the Prince was again conveyed to his chamber. It was night before the solemnity took end, The King withheld from the solemnity. for it was done in the afternoon. The feasting and triumphal sports that followed, were kept some days with exceeding cost and magnificence, yet the content the people received thereby was nothing so great, as their offence for the King's neglect; for neither was he admitted to be present at the Baptism, nor suffered to come unto the feast. To some his ill disposition was given for an excuse, others more scornfully were told that his fashioner's had not used the diligence they ought in preparing his apparel. Mean while the Ambassadors had a watchword given them, not to see nor salute him. And such of the Nobility as were known to bear him any favour, or out of their compassion did vouchsafe him a visit, were frowned upon by the Court. His Father advertised of these things, sent for him to come unto Glasgow, where he than remained; but scarce was he past a mile from Striveling, The King falleth sick in the way to Glasgow. when a vehement pain seized on all the parts of his body, which at his coming to Glasgow was manifestly perceived to proceed of poison, that treacherously had been ministered unto him: for through all his body broke out blisters of a bluish colour, with such a dolour and vexation in all his parts, as nothing but death was a long time expected. Yet his youth and natural strength vanquishing the force of the poison, he began a little to convalesce, and put his enemies to other shifts, wherein shortly after (but to their own undoing) they prevailed. The report of what passed at Striveling coming to Edinburgh, The Archbishop of S. Andrew's restored to his privileges. where the Assembly of the Church was then gathered, did greatly offend the better sort; yet nothing grieved them so much, as a Commission granted to the Archbishop of S. Andrews, whereby he was reponed to his ancient jurisdiction in confirming Testaments, giving collation to Benefices, and other such things as were judged in the spiritual Courts. The Assembly taking this greatly to heart, ordained a supplication to be made to the Nobility, and Lords of secret Council, professing Christ with them, and who had renounced the Roman Antichrist, (I use the words of the superscription) for impeding the said Commission, and letting it to take effect. In this supplication they said, That the causes judged in these Courts did for the most part pertain to the true Church, The Church's complaint for the same. and that howsoever in hope of some good effect to have followed, the Church had overseen the Commission granted by the Queen in these matters to men who for the greater number were of their own profession, they would never be content that he whom they knew to be an enemy to Christ and his truth, should exerce that jurisdiction, seeing under the colour thereof, he might usurp again his own authority, and take upon him the judgement of heresy, in which case none could be ignorant what his sentence could be; wherefore their desire was, the Queen should be informed that this was a violation of the laws of the Realm, and the setting up again of the Roman Antichrist, whose authority and usurped power in an open and free Parliament had been condemned, which her Majesty also at her first arriving into this Realm, and since that time by divers Proclamations had expressly forbidden to be acknowledged; here of they said if their honours should plainly and boldly admonish the Queen, using that reverence which was due from Subjects, and doing nothing in a tumult, they did persuade themselves, she would do nothing against Justice, and that such Tyrants should not dare once to appear in Judgement. But howsoever matters went, they humbly craved to understand their minds, and what they would do, if it should happen such wolves to invade the flock of Christ. This the sum of the supplication. I find not what answer it received, nor that the Bishop made any use of his Commission; but the change it seems which shortly after happened in the State, did quite frustrate the same. Master Knox being licenced at this time to visit his sons, Master Knox goeth into England. who were following their studies at Cambridge, did move the Assembly to write unto the Bishops of England in favour of some Preachers, who were troubled for not conforming themselves to the Orders of that Church. Because it will appear by the letter, in what esteem our reformers did hold the Church of England, and how far they were from accounting the government thereof Antichristian, I thought meet to insert the same word by word. The Superintendents, Ministers, and Commissioners of the Church within the Realm of Scotland, A letter from the Assembly of the Church to the Bishops of England. to their Brethren the Bishops and Pastors of England, who have renounced the Roman Antichrist, and do profess with them the Lord jesus in sincerity, wish the increase of the holy Spirit. BY word and writing it is come to our knowledge, Reverend Pastors, that divers of our brethren (amongst whom some be of the best learned within that Realm) are deprived from all Ecclesiastical function, and forbidden to preach, and so by you are stayed to promove the Kingdom of jesus Christ, because their conscience will not suffer them to take upon them at the commandment of the authority, such garments as Idolaters in time of blindness have used in their idolatrous service; which rumour cannot but be most dolorous to our hearts, considering the sentence of the Apostle, If ye by't and devour one another, take heed ye be not consumed one of another. We purpose not at the present to enter into the Question which we hear is agitated with greater vehemency by either party then well liketh us, to wit, whether such apparel is to be accounted amongst things indifferent, or not? But in the bowels of jesus Christ we crave, that Christian charity may so far prevail with you, that are the Pastors and guides of Christ's flock in that Realm, as ye do not to others, that which ye would not others did unto you. Ye cannot be ignorant how tender a thing Conscience is, and all that have knowledge are not alike persuaded: your conscience stirs not with the wearing of such things, but many thousands both godly and learned, are otherwise persuaded, whose consciences are continually stricken with these sentences: What hath Christ to do with Belial? what fellowship is there betwixt light and darkness? If Surplice, Corner-cap, and Tippet, have been the badges of Idolaters, in the very act of their Idolatry, what have the Preachers of Christian liberty, and the rebukers of superstition to do with the dregs of that Roman beast? yea, what is he that ought not to fear, either to take in his hand, or forehead, the print and mark of that odious beast? Our brethren that refuse such unprofitable apparel, do neither damn nor molest you, who use such vain trifles: if ye shall do the like to them, we doubt not therein you shall please God, and comfort the hearts of many, which are wounded with the extremity used against those godly brethren. Colour of Rhetoric or humane persuasion we use none, but charitably we desire you to call to mind the sentence of S. Peter. Feed the flock of God which is committed to your charge, caring for it, not by constraint but willingly, not as being Lords of God's heritage, but being examples to the flock. We further desire you to meditate upon that sentence of the Apostle, Give not offence, either to the jews, or to the Grecians, or to the Church of God. In what condition ye and we both travel for the promoving of Christ's Kingdom, ye are not ignorant, therefore we are the more bold to exhort you, to deal more wisely then to trouble the godly with such vanities. For all things which seem lawful, edify not. If the commandment of the Authority urge the consciences of you and our brethren, further than they can bear, we pray you remember that ye are called the light of the world, and the salt of the earth. All civil authority hath not ever the light of God shining before their eyes in their statutes and commandments, but their affections favour too much sometimes of the earth, and of worldly wisdom. Therefore we think that ye ought boldly oppone yourselves, not only to all power that dare extol itself against God, but also against all such as dare burden the consciences of the faithful, further than God hath burdened them in his own word. But we must confess our offence, in that we have entered in reasoning further than we purposed and promised in the beginning, now therefore we return to our former humble supplication, which is, that our brethren who amongst you refuse these Romish rags, may find of you who are Prelates such favour, as our head and Master commandeth every one of his members to show to another: which we look to receive from your humanity, not only because ye will not offend God's Majesty in troubling of your brethren for such vain trifles, but also because ye will not refuse the humble request of us your brethren and fellow-preachers; in whom albeit there appear no worldly Pomp, yet we suppose ye will not so far despise us, but that ye will esteem us in the number of those that fight against the Roman Antichrist, and travel that the Kingdom of jesus Christ may be every where advanced. The days are evil, iniquity aboundeth, and charity (alas) is waxed cold; Therefore ought we to watch the more diligently, for the hour is uncertain, when the Lord jesus shall appear; before whom ●e, your brethren and we must give an account of our administration. And thus in conclusion we once again crave favour to our brethren; which granted, ye shall command us in the Lord things of double more importance. The Lord jesus rule your hearts in his true fear unto the end, and give unto you and us victory over that conjured enemy of all true religion, the Roman Antichrist, whose wounded head Satan by all means laboureth to cure again; but to destruction shall he and all his maintainers go by the power of our Lord jesus, to whose mighty protection we heartily commit you. From our General Assembly at Edinburgh the twenty seventh of December, 1566. To quiet the Ministers, Assignation of Ministers stipends. who were daily complaining of their lack of provision, the Court made offer to the same Assembly of certain Assignations for their present relief, which were accepted under protestation, that the same should not prejudge their right to the tithes, nor be accounted as a satisfaction for the same. For these they held to be the proper Patrimony of the Church, and so justly belonging thereto, as that they ought not to be paid to any others, under whatsoever colour, or pretext. But this protestation availed not, only it showeth what was the judgement of the Church in that time concerning tithes. The Queen in january following went to visit the King who lay sick at Glasgow. The Queen visiteth the King at Glasgow. After some complain he made of her unkindness, and a little chiding they kept for discontents passed, they did so lovingly reconcile, as the King, though he was not as yet fully recovered, was content to be transported to Edinburgh, and had a lodging prepared in a remote place of the Town, He cometh to Edinburgh, and there is murdered by Bothwel. for his greater quiet, as was pretended. But he had not stayed there a fortnight, when Bothwel having conspired his murder, did come upon him in the night, as he lay asleep, and strangled him with one of his cubiculars, that lay in the chamber by him. The murder committed, the two corpses were carried forth at a gate in the Town wall, and laid in an Orchard near by, and thereafter the house blown up with powder; the noise whereof did awake those that were sleeping in the furthest parts of the Town. The Queen not gone as yet unto her rest, convened the Noblemen that lodged within the Palace, and by their advice sent Bothwell with some others to inquire what the matter was, (for he was returned to his Chamber before the blowing up of the house, having left some to fire the train, when he was past and gone away) many of all sorts did accompany him to the place, where finding the body of the King naked only, the upper part covered with his shirt, the rest of his apparel, and even his pantofles near by him, each one making a several conjecture, Bothwel would have it believed, that the violence of the powder had carried his body forth at the roof of the house unto that place; but this was against all sense, for not a bone of his whole body was either broken or bruised, which must needs have been after such a violent fall. Nor could it be perceived, that either the corpse or garments were once touched with the powder. So it was manifest that his body and all were laid there by the hands of men. Bothwel returning, showed the Queen what a strange thing had happened, admired how it could be, and who they were committed the murder: she hearing it, retired to a private room, and went presently to bed. Now he had provided some to carry the news unto the borders, A rumour dispersed by Bothwel that Murray and Morton had murdered the King. and to give out that the Earls of Murray and Morton were the chief contrivers of the murder: which rumour went currant in England for a while. Yet ere a long time passed, all was laid open, and he known to have been the principal actor himself. Proclamations were made promising large sums of money to those that would detect the murderers: whereunto the next night by a placard affixed on the Market Cross, answer was made, That if the money should be consigned in the hands of an indifferent person, the murderers should be revealed, and the delator set to his name, and justify his accusation. No notice being taken of this offer, voices were heard in the dark of the night, crying, that Bothwel had murdered the King, some drawing his portrait to the life, set above it this superscription, Here is the murderer of the King, and threw the same into the streets. And there were some, that in all the public places of the Town, affixed the names of the murderers, the principal as well as the accessaries. For the principal they named Bothwel; The names of the murderers cast forth in the street. as accessaries, Sir james Balfour, and Gilbert Balfour, his brother, Mr. David Chalmers Black, Mr. john Spence, Seigneur Francis Sebastian, john de Bordeaux, and joseph the brother of Davie, which last four were of the Queen's household. These things did so offend the Court, as neglecting the trial of the murder, they fell to the drawers of these portraicts and the authors of the libels. All the Painters and Writers were called for dignoscing the letters, and draughts; when nothing could be tried, to provide for afterwards against the like by a new edict, it was made capital to disperse libels for defaming any person in that sort, and to have, keep, or read any such that should happen to be affixed, or cast into the streets. The Earl of Lenox, The Earl of Lenox soliciteth the Queen to take trial of the murder. whilst these things were a doing, ceased not to solicit the Queen by his letters for taking trial of the murder, without delaying the same unto the time of Parliament, as she had purposed. Particularly he desired the Earl of Bothwell, An. 1567. and others named in the libels and placard affixed on the door of the Senate-house, to be apprehended, and the Nobility assembled for their examination. Bothwell perceiving that he was now openly attached, did offer himself to trial, The Castle of Edinburgh delivered to Bothwell, and the Prince delivered to the Earl of Marre. for which the 12. of April was assigned, and the Earl of Lenox cited by the Justice to pursue according to the delation he had made. In the mean time to fortify himself, he got the Castle of Edinburgh in his custody, upon the Earl of Marre his resignation, placing therein Sir james Balfour, whom he especially trusted. The Earl of Marre for his satisfaction had the Prince delivered in his keeping, and carried unto Striveling, where the Earl then lay heavily sick. The Diet appointed for the trial being come, Bothwell put to a trial. Robert Cuningham protesteth against the proceedings in the name of the Earl of Lenox. and the Court fenced as use is, Bothwell was empanelled. The Earl of Lenox being called compeired Robert Cuningham, one of his domestics, who presented in writing the Protestation following. My Lords, I am come hither sent by my master, my Lord of Lenox, to declare the cause of his absence this day, and with his power as my Commission beareth. The cause of his absence is the shortness of time, and that he could not have his friends and servants to accompany him to his honour, and for the security of life, as was needful in respect of the greatness of his party. Therefore his Lordship hath commanded me to desire a competent day, such as he may keep, and the weight of the cause requireth; otherwise, if your Lordships will proceed at this present, I protest, that I may use the charge committed to me by my Lord my master, without the offence of any man. This is, that if the persons who pass upon the Assize and inquest of these that are entered on panel this day, shall cleanse the said persons of the murder of the King, that it shall be wilful error, and not ignorance, by reason it is notoriously known that these persons did commit that odious murder, as my Lord my master allegeth. And upon this my protestation, I require an instrument. The Justice by the advice of the Noblemen and Barons appointed to assist in that judgement, The persons choosed upon the Jury. did notwithstanding the said protestation grant process, whereupon the Noblemen chosen for the Jury were called. These were Andrew Earl of Rothes, George Earl of Cathnes, Gilbert Earl of Cassils', Lord john Hamilton Commendator of Aberbrothock, james Lord Ross, Robert Lord Semple, Robert Lord Boyd, john Lord Hereis, Laurence Lord Oliphant, john Master of Forbes, with the Lairds of Lochinvar, Langton, Cambusnetham, Barnbowgall, and Boyne: the Earl of Cassills' excused himself, offering the penalty, which by the Law they pay that refuse to pass upon Assize, but could not obtain himself freed, the Queen threatening to commit him in prison, and when he seemed nothing terrified therewith, commanding him under pain of treason to enter and give his judgement with the rest. Thus were they all sworn and admitted, as the manner is; After which Bothwell being charged with the indictment, and the same denied by him, they removed forth of the Court to consult together, and after a little time returning, by the mouth of the Earl of Cathnes their Chancellor, Bothwell acquitted with a protestation of the Jury. declared him acquit of the murder of the King, and of all the points contained in the indictment, with a protestation, That seeing neither her Majesty's advocate had insisted in the pursuit, nor did Robert Cuningham, Commissioner for the Earl of Lenox, bring any evidence of Bothwells' guiltiness, neither yet was the indictment sworn by any person, and that they had pronounced according to their knowledge, it should not be imputed to them as wilful error which they had delivered. Mr. David Borthwi●●, and Mr. Edmund Hay, who in the entry of the Court were admitted as his prolocutours, asked instruments upon the Juries declaration; so he went from that Court absolved, yet the suspicions of the people were nothing diminished. And some indeed were of opinion, that the Judges could give no other deliverance, nor find him guilty of the indictment as they had form it; seeing he was accused of a murder, committed on the 9 day of February, whereas the King was slain upon the 10. of that month. But he for a further clearing of himself set up a paper in the most conspicuous place of the market, Bothwell offereth to try his innocency by combat. bearing. That albeit he had been acquitted in a lawful Justice court of that odious crime laid unto his charge, yet to make his innocency the more manifest, he was ready to give trial of the same in single combat with any man of honourable birth and quality that would accuse him of the murder of the King. The next day in the same place, by another writing, answer was made, that the combat should be accepted, so as a place were designed wherein without danger the undertaker might profess his name. The offer accepted upon security of the place. The 13. of April a Parliament was kept for restoring the Earl of Huntley, and others to their estates and honours, which was not as yet done with the solemnity requisite. A Parliament at Edinburgh. In this Parliament the Commissioners of the Church made great instance for ratifying the Acts concluded in favour of the true Religion, yet nothing was obtained: The Queen answering, that the Parliament was called for that only business, and that they should have satisfaction given them at some other time. The Parliament being broke up, Bothwell inviting the Noblemen to supper did liberally feast them; Bothwell seeketh the consent of the Lords to the Queen's marriage. and after many thanks for their kindness, fell in some speeches for the Queen's marriage, showing the hopes he had to compass it, so as he might obtain their consents. Some few to whom he had imparted the business beforehand, made offer of their furtherance, the rest fearing to refuse, and suspecting one another, set all their hands to a bond, which he had ready form to that purpose. A few days after, He ravisheth the Queen in her return from Striveling. feigning an expedition into Liddisdale he gathered some forces, and meeting the Queen on the way as he returned from Striveling, whither she had gone to visit her son, he took her by way of rape and led her to the Castle of Dumbar. No men doubted but this was done by her own liking and consent, yet a number of Noblemen convening at Striveling, lest they should seem deficient in any sort of their duties, sent to ask whether or not she was there willingly detained? for if she was kept against her will, they would come with an Army and set her at liberty; She answered, That it was against her will that she was brought thither, but that since her coming she had been used so courteously, as she would not remember any more that injury. Now this rape (as afterwards came to be known) was devised to secure the murderers of the King. His design in committing this rape. For it being held sufficient by a custom commonly received, that in remissions granted for crimes committed, the most heinous fact being particularly expressed, others of less moment might be comprehended in general words, they were advised to pass a remission for violence offered to the Queen, and the laying of hands upon her person, then to subjoin, [And for all other crimes and nefarious acts whatsoever:] under which clause, they esteemed the murder of the King might be comprised, which otherwise was neither safe for them to express, nor could the Queen with her honour pardon. Thus did they think both that Bothwell himself should be secured and safety to all his partakers in the Murder. Whilst the Queen was detained at Dumbar, Bothwell his divorce from his wife. a divorce was sued for Bothwell from Lady jeane Gordon his wife, in two several Courts. In the one sat by Commission from the Archbishop of St. Andrews, Robert Bishop of Dunkeld, William Bishop of Dumblane, Mr. Archibald Crawford Parson of Egilsham, Mr. john Manderstor Cannon of the College Church of Dumbar, Mr. Alexander Chrichton, and Mr. George Cook, Canons of the Church of Dunkeld. In the other Court Mr. Robert Martland, Mr. Edward Henryson, Mr. Alexander Sim, and Mr. Clement Little, Judges constitute by the Queen's authority, in all causes consistorial: and in both Courts was the sentence of divorce pronounced, but upon divers grounds. In the Archbishop's Court sentence was pronounced upon the consanguinity standing betwixt Bothwell and his wife, at the time of her marriage, they mutually attinging others in the fourth degree, and no dispensation granted by the Pope for consummating the same; In the other Court the sentence was grounded upon adultery committed by him, which these Judges held to be the only lawful cause of divorce: both the processes were posted, and such festination made in them, as in the space of ten days they were begun and concluded. The divorce passed, The Queen cometh to the Castle of Edinburgh. the Queen came to the Castle of Edinburgh, and the next morning Bothwell sent to ask his banes with the Queen. The Reader john Cairnes, whose office it was, did simply refuse; thereupon Mr. Thomas Hepburn was directed to the Minister Mr. john Craig, to desire him to publish the same. The Minister likewise refusing, as having no warrant from the Queen, and for that the rumour went, that she was ravished, and kept captive by Bothwell, upon wednesday thereafter, the Justice Clerk came unto him with a letter signed by the Queen, wherein she declared that she was neither ravished, nor detained captive, and therefore willed him to publish the banes; The banes of Bothwell with the Queen asked. his answer was, that he could ask no banes, especially such as these were, without the knowledge and consent of the Church. The matter being motioned in the Session of the Church, after much reasoning kept with the Justice Clerk, it was concluded that the three next preaching days, the Queen's mind should be intimated to the people. The Minister protested, Mr. john Craig protested. that in obeying their desire it should be lawful to him to declare his own mind touching the marriage, and that he should not be tied by that ask of their banes to solemnize the same. The first preaching day falling to be friday, in the hearing of divers Noblemen, and Counsellors, he showed what he was enjoined to do; That he held the marriage betwixt the Queen and Bothwell unlawful, whereof he would give the reasons to the parties themselves, if he might have hearing; and if this was denied, he said, that he would either cease from proclaiming their banes, or declare the cause of his disallowance in the hearing of all the people. The same day at afternoon being called before the Council, and required by Bothwell, Mr. Craig called before the Council with the reasons of his opposition. to show what reason he had to oppose his marriage; he answered, First, that the Church had in the last Assembly inhibited the marriage of persons divorced for adultery. Next he alleged the divorce from his wife to have proceeded upon collusion betwixt them, which appeared, as he said, by the precipitation of that sentence, and the contract made so suddenly after his divorce with the Queen. Thirdly, he laid to his charge, the rape of the Queen, and the suspicion of the King's murhter; which that marriage would confirm. For these reasons he most gravely admonished him to surcease and leave that course, as he would eschiew the wrath and indgnation of Almighty God. He desired also the Lords present, to advertise the Queen of the infamy and dishonour that would fall upon her by that match, and to use their best means to divert her from it. The Sunday following, His publication thereof to the people. publicly he declared what he had spoken in Council, and that it seemed to him they would proceed in the marriage, what mischief soever should ensue. For himself, he said, that he had already liberated his conscience, and yet again would take heaven and earth to record, that he abhorred and detested that marriage as scandalous and hateful in the sight of the world. But seeing the great ones as he perceived did approve it, either by their flattery, or by their silence, he would beseech the faithful to pray fervently unto God, that he might be pleased to turn that which they intended against Law, reason, and good conscience, to the comfort and benefit of the Church and Realm. These speeches offended the Court extremely; therefore they fummoned him to answer before the Council, for passing the bounds of his Commission; For the bounds, said he, of my Commission, are the Word of God, good Laws, and natural reason; and by all three I will make good, that this marriage, if it proceed, will be hateful and scandalous to all that shall hear of it. As he was proceeding in his discourse, Bothwell commanded him silence, and thus was he dimitted. Nottheless of this opposition the marriage went on, The marriage of the Queen with Bothwell celebrated. and was celebrated the 15. of May by Adam Bishop of Orkney, in the Palace of Halirudhouse, after the manner of the reformed Church. Few of the Nobility were present, (for the greater part did retire themselves to their houses in the Country) and such as remained, were noted to carry heavy countenances; Monsieur le Crock the Ambassador being desired to the feast, excused himself, thinking it did not sort with the dignity of his Legation to approve the marriage by his presence, which he heard was so universally hated. His Master the French King, as likewise the Queen of England, had seriously dissuaded the Queen from the same by their Letters; but she led by the violence of passion, and abused by the treacherous counsel of some about her, who sought only their own ends, would hearken to no advice given her to the contrary. Yet was it no sooner finished, than the ill fruits thereof began to break out: for the wont acclamations and good wishes of the people were no more heard, when she came in public; and divers that had set their hands and seals to the marriage, fell now openly to condemn it, as that which ministered too just a suspicion, that she was consenting to the death of the King her husband. The Earl of Athol immediately after the murder of the King had forsaken the Court, and lived at home, waiting some occasion to be revenged of the doers, and now esteeming it fit to show himself, The Nobleman's bond for preservation of the young Prince. he came to Striveling, where in a meeting of Noblemen that were desired to come thither, upon his motion a bond was made for the preservation of the young Prince, lest Bothwell getting him in custody, should make him away, as no man doubted he would, as well to advance his own succession, as to cut off the innocent child, who in all probability would one day revenge his father's death. The principals of this combination, were the Earls of Argile, Athol, Morton, Marre and Glencarne, with the Lords Lindesay and Boyd. But Argile out of a facility (which was natural unto him) detected all their counsels to the Queen; and the Lord Boyd with great promises was won to the adverse party. Bothwell suspecting some insurrection, advised the Queen for saving her reputation in foreign parts, to acquaint the French King and her kinsmen of the house of Guise, with her marriage, and the reasons thereof, desiring them, sith that which was done, could not be again undone, The Bishop of Dumblane sent to France. to favour her husband no less than they did herself. And to this effect the Bishop of Dumblane was sent into France, with letters to all her friends. Neither did he admit to do at home, Noblemen solicited to enter in bond with the Queen and Bothwell. what he thought might serve to fortify himself; for divers Noblemen and Barons were invited to Court, and at their coming solicited to enter into bond for the defence of the Queen and Bothwell, who should on the other part be obliged to protect them in all their affairs. Some of these being wrought to the purpose, did set their hands willingly to the bond: the rest, though they would gladly have shunned it; yet because they held it dangerous to refuse, The Earl of Murray refused and is licenced to go into France. subscribed in like sort. Only the Earl of Murray of all that were called, denied to enter in any bond with the Queen; it being neither lawful for him, as he said, nor honourable for her, whom in all things it was his duty to obey. Concerning Bothwell, he said, that he was reconciled unto him by the Queen's mediation, and would faithfully keep all that he had promised: but to enter in bond with him or any other, he did not think it the part of a good subject. Shortly after this he obtained leave, howbeit not without some difficulty, to go into France; for he saw troubles breeding, in which he loved not to have an hand. How soon he was gone choice was made of a new Council, The Queen maketh choice of a Council. and the Archbishop of St. Andrew's, with the Lords Oliphant and Beyd, received into the number: for their better and more easy attendance, they had their times of waiting particularly assigned. The Earls of Crawford, The order of their attendance. Arroll and Cassils', with the Bishop of Ross, and the Lord Oliphant were appointed to begin, and attend from the 1. of june to the 16. of july. The Earls of Morton and Rothes, with the Bishop of Calloway, and the Lord Fleming, were to succeed and remain from the 16. of july to the penult of August; After them the Archbishop of St. Andrews, the Earls of Argile, and Cathnes, with the Lord Hereis, to the 15. of October. And from that day to the 1. of December, the Earl of Huntley, (who was then created Chancellor) the Earls of Athol, Martial, and Lord Boyd were appointed to wait: at which time Crawford and Arroll were again to begin, and the rest to follow in their order for the same space. So as during the whole year, the Counselors should be tied to the attendance of 3 months only. It was always provided that so many of the forenamed persons as happened to be at Court, should during their abode, notwithstanding of their several assignments, be present with the others; And that it should be lawful for the Queen to adjoin at any time such as she thought worthy of that honour. The same day a Proclamation was given out, Declaring all writings purchased from the Queen for permitting Papists to use the exercise of their Religion, to make no faith, her Majesty being no way minded to violate the Act made at her first arrival, and often since that time, renewed in favours of the true Religion. But this did not repress the murmurs of the people, A Proclamation to accompany the Queen to the borders. for which it was specially intended. Wherefore some few days after the Queen by Bothwels' persuasion taking purpose to visit the borders, and having charged the subjects to accompany her thither with a provision for 15. days according to the custom, it was publicly rumoured, that these forces were gathering for some other business, and that the intention was, to have the Prince her son in her own custody, and taken out of the Earl of Marre his hands. So as a new Declaration came forth, To certify the people of her good affection, and that she never meaned to make any novations in the Kingdom, by altering the laws thereof, nor do any thing in the public affairs, but by the advice of the Noblemen of her Council. And for her son, as she had trusted him to such a Governor as other Princes in former times were custom to have, so her motherly care for his safety and good education should be made apparent to all. But no regard was had to these Declarations, and the Noblemen who had combined themselves at Striveling, The Castle of Borthwick environed. taking Arms, and being assisted by the Lord Home, environed on the sudden the Castle of Borthwick, wherein the Queen and Bothwel were then remaining: The Queen & Bothwell escape. yet their companies not sufficing to enclose the house (for Athol did not keep the Diet) Bothwel first escaped, and after him the Queen disguised in man's apparel fled to Dumbar. The Lords upon their escape retired to Edinburgh, The Lords retire to Edinburgh. where they expected the rest of their forces would meet. There lay in the Town at that by the Queen's direction, the Earl of Huntley, the Archbishop of S. Andrews, the Bishop of Ross, the Abbot of Kilwining, and the Lord Boyd: How soon they heard of the Lords coming, they went to the street offering themselves to conduct the people, and to assist them in the defence of the Town; but they found few or none willing to join with them, and the people's affections wholly inclining to the Lords. The Magistrates gave order to shut the gates, but no further resistance was made; so as the Lords entering by the gate called S. Maryport, which was easily brokeup, they made themselves Master of the Town. Huntley and the rest taking their refuge to the Castle, were received by the Keeper, (Sir james Balfour, a man much trusted by Bothwel) though at the same time he was treating with the Lords for delivering the Castle into their hands. The next day being the 12. of june, A Proclamation given out by the Lords. the Lords gave out a Proclamation, wherein they declared, That the Earl of Bothwel having put violent hands in the Queen's person, warded her highness in the Castle of Dumbar, and retaining her in his power, had seduced her, being destitute of all counsel, to an unhonest and unlawful marriage with himself, who was known to have been the principal author, deviser, and actor in the cruel murder committed upon the late King's person; and that he was daily gathering forces, and strengthening himself by all means, of purpose, as appeared, to get in his hands the young Prince, that he might murder him in the like sort, as he had done his Father: which the Nobility of the Realm had resolved to withstand, and to deliver the Queen out of his bondage. Therefore did they charge all and sundry the Liege's within the Kingdom to be in readiness upon three hours' warning, to assist the said Noblemen for delivering the Queen from captivity, and bringing the said Earl and his Complices, to underlie the trial and punishment of Law for the foresaid murder. Commanding all such as will not join with the said Noblemen, to depart forth of the Town of Edinburgh within four hours after the publication made, under the pain to be reputed as enemies, etc. But the Queen having escaped, The Queen gathereth forces. as we show, there resorted to her from all quarters numbers of people, so as within few hours she had an Army about her of 4000 men and above, a force sufficient to oppose the enterprisers. The Lords on the other side, were cast into many difficulties; Difficulties amongst the Lords. for the heat of the common sort of people being quickly cooled, as ordinarily it happeneth, and the greater part of the Nobility being either enemies, or behaving themselves as Neuters; few of them came to offer their assistance: yea had they been never so many, lacking munition and other necessary provisions for the besieging of forts, they saw no way to attain to their purpose; whereupon they began to think upon dissolving their forces, and quitting the enterprise, at least for that time. But the resolution which the Queen took, altered their counsels, and gave them the opportunity they wished for. She partly confiding in her power and numbers, and partly animated by a sort of flatterers, who made her believe, that the Lords would flee upon the first bruit of her coming, resolved to march with her Army to Leth: whereas nothing had been so much to her advantage as a little protracting of time; The Queen giveth th●m the opportuniy they wished for. for had she remained three days longer at Dumbar, the Lords without all peradventure had retired every one to his home. But where mutations are destined, the worst counsels seem ever the best, and are most readily embraced. Being advanced so far as Glaidsmoore (where she caused master her forces) a Proclamation was made, The Proclamation of Glaidsmore. bearing, That a number of Conspirators having discovered their latent malice, borne to her and the Duke of Orkney her husband, after they had failed in apprehending their persons at Borthwick, had made a seditious Proclamation, to make people believe that they did seek the revenge of the murder of the King her late husband, and the relieving of herself out of bondage and captivity pretending that the Duke her husband was minded to invade the Prince her son; all which were false, and forged inventions, none having better cause to revenge the King's death than herself, if she could know the authors thereof. And for the Duke her present husband, he had used all means to clear his innocency, the ordinary justice had absolved him, and the Estates of Parliament approved their proceedings, which they themselves that made the present insurrection, had likewise allowed. As also he had offered to maintain that quarrel against any Gentleman on earth undefamed, than which nothing more could be required. And as to her alleged captivity, the contrary was known to the whole subjects, her marriage with him being publicly contracted, and solemnised with their own consents, as their hand writs could testify. Albeit to give their treason a fair show, they made now a buckler of the Prince her son being an infant, and in their hands; whereas their intention only was to overthrow her and her posterity, that they might rule all things at their pleasure, and without controlment. Seeing therefore no wilfulness, nor particularily, but very necessity had forced her to take Arms for defence of her life, as her hope was to have the assistance of all her faithful subjects against those unnatural rebels, so she doubted not but such as were already assembled, would with good hearts stand to her defence, considering especially the goodness of her cause, promising them in recompense of their valorous service the lands and possessions of the Rebels, which should be distributed according to the merit of every man. This proclaimed, The Lords cast themselves in the Queen's way. the Army did set forward, the Queen lodging that night in Seaton a little before midnight; word was brought to Edinburgh of the Queen's approach; who without long suspense made to their Armour. And at Sun rising, putting themselves in order, they marched directly to Mussilburgh, a Village two miles distant from Preston; there they refreshed themselves with food, and a little rest; for the Queen's Camp was not as yet stirring. About the midst of the day the horsemen who were sent to observe when the Queen's Army did advance, brought word that they were marching. The order of the Lords A●my. The Lords thereupon made haste, and drawing their companies forth of the Village, ranged them in two battles. The first was conducted by the Earl of Morton, and the Lord Home, the second by the Earls of Athel, Marre, and Glencarn, the Lords Lindsay, Ruthven, Semple, and Sanq●uar, with the Lairds of Drumlanrig, Tulibardin, Selfourd, Grange, and divers others of good sort were assisting, in number not much inferior to the Queen's Army, and in this superior, that the most part of them were Gentlemen practised, and of good experience in war. The meeting at Carberry hill. The Queen stood with her Army on the top of the hill called Carberry hill, which the Lords because of the ascent wherewith it riseth, could not come at in a direct course, but to their disadvantage; wherefore they inclined a little to the right hand, both to find a more plain way, and to get the Sun in their backs, when they should come unto the fight. This deceived the Queen, who supposing they were flying towards Dalkeith, a little Village pertaining to the Earl of Morton, but when they were past the straight of the hill, and that she saw them making directly to the place where she with her Army stood, she perceived her error. The French Ambassador seeing them ready to join, The French Ambassador laboureth to compose matters. interposed himself, and coming to the Lords, desired that matters might be composed without bloodshed, for the good of both parties; saying, that he found the Queen peaceably inclined, and disposed, both to forgive the insurrection they had now made, and to forget all by past oflences. The Earl of M●rten replied; That they had taken Arms, not against the Queen, but against the murderer of the King, whom if she would deliver to be punished, or then put him from her company, she should find nothing more desired of them, and all other subjects, then to continue in their dutiful obedience towards her; otherwise no peace could be made: Neither are we come, said he, to ask pardon for any offence that we have done, but rather to give pardon to those that have offended. The Ambassador perceiving this to be their resolution, and judging it reasonable which they required, but not like to be obtained, took his leave and departed to Edinburgh. During the Treaty of the French Ambassador, Bothwel offereth to try the cause in combat. the Queen's Army keeping within the trenches, that the English of old had made, Bothwel advanced himself upon a strong and lusty horse, appealing any one of the adverse party to single combat. james Murray brother to Tulibardie (he that before had offered himself to fight, but suppressed his name, It is accepted, and the Queen inhibiteth the fight. as we showed) made answer, that he would accept the challenge. Bothwel refusing to hazard with him, as not being his equal in honour and estate, Willam Murray his eldest brother made offer to take his place, saying, that in wealth he was not inferior to Bothwel, and for antiquity of his house, and honesty of reputation, he esteemed himself more than his equal; yet he likewise was refused, as being a Knight only, and of a lower degree. Divers Noblemen did thereupon offer themselves; the Lord Lindesay especially showed a great forwardness, desiring he might be permitted to try himself with Bothwel, which he would take as a singular honour, and esteem it as a recompense of all his service done to the State. Here when as Bothwel could not honestly shift the combat, the Queen interposing her authority, did prohibit him to fight. Thereafter taking a view of the Army on horseback, and encouraging them to battle, she found Bothwels friends and followers very desirous to fight; but in the rest there appeared no such willingness, The Queen's Army unwilling to fight. some saying that the battle would prove dangerous to the Queen, because howsoever Gentlemen were ready to hazard themselves, the Commons who were the greatest number, seemed not to be so disposed, nor well affected to the cause. Others more plainly declaring their minds, said that it were much better that Bothwel should defend his own quarrel by combat, then to expose the Queen and so many Gentlemen to peril. And there were some that counselled to delay the battle to the next day, for that the hamilton's were said to be coming, who would greatly increase her forces. All these things the Queen heard impatiently, and bursting forth in many tears, Bothwel flieth, and the Queen rendereth herself to the Lords. said, they were but cowards and traitors. After which, perceiving divers of the Army to steal away, she advised Bothwel to look to his own safety, for she could render herself to the Noblemen. Then sending for William Kircaldy of Grange, she talked with him a good space, and when she thought Bothwel was past all danger, went with him to the Lords unto whom she spoke on this manner. My Lords, I am come unto you not out of any fear I had of my life, or yet doubting of the victory if matters had gone to the worst, but I abhor the shedding of Christian blood, especially of those that are my own subjects; and will therefore yield unto you, and be ruled hereafter by your counsels, trusting you will respect me as your born Princess and Queen. They receiving her with the wont reverence, answered dutifully at first, but when she could not be permitted to go unto the Hamilions (whom she had a desire to see) although she gave her promise to return, and so found her liberty restrained, she waxed angry and fell a complaining of their ingratitude. They replied nothing, but taking their way towards Edinburgh, led her along with them, and kept her that night in Craigmillar his lodging, who was then Provost of the Town. It was night before they came thither, albeit the day was then at the full length, because of the stays she made by the way, either looking for some relief by the hamilton's, as many supposed; or not liking to be gazed on by the multitude, and seen in the estate of a prisoner. The next day towards the evening, she was by the direction of the Noblemen sent to be kept in the house of Lochlevin, The Queen sent prisoner to Lochlevin. and conveyed thither by the Lords Ruthven and Lindesay, because Balfour had not as yet transacted with the Lords upon the delivery of the Castle of Edinburgh, though even then he betrayed the trust which Bothwel had in him. For how soon it was known that the Queen was made prisoner, Bothwel having sent one of his servants to the Castle to bring a little silver Cabinet which the Queen had given him, and wherein he reserved all the letters she had written unto him at any time, Sir james Balfour betrayeth his trust to Bothwel. Balfour delivered the Cabinet to Bothwels' servant, but withal advertised the Lords what he carried, and made him to be apprehended. These Letters were afterwards divulged in Print, and adjected to a libel entitled, The detections of the doings of Queen Mary, penned with great bitterness by Mr. George Buchannan. Some two days after the Queen was committed, The Earl of Glencarn demolisheth the Altar. the Earl of Glencarne taking with him his domestics only, went to the Chapel of Halyrudhouse, and demolished the Altar, breaking the pictures and defacing all the ornaments within the same. The Preachers did commend it as a work of great piety and zeal, but the other Noblemen were not a little displeased, for that he had done it without direction, and before they had resolved how to deal with the Queen; neither did matters frame with them according to their expectation, divers of the Nobility, of whose assistance they held themselves assured, lying back, and giving no concurrence: And those that favoured the Queen (of which number were the Earls of Argile, Huntley, and many others who were at the same time at Hamilton,) professing open enmity, and condemning the action ás a crime of the highest treason that could be committed. The common people also, who a little before seemed most incensed, pitying the Queen's estate, did heavily lament the calamity wherein she was fallen. In this uncertainty of things, they resolved to write unto the Lords convened at Hamilton, and entreat their concurrence for reordering of the estate, The Lords write to the Noblemen of the Queen's party. and establishing of matters by a common consent; But neither would they admit the messenger, nor receive their letters so highly did they offend with their proceedings, and so confident they were to repair things by their own power. The Noblemen hereupon made a motion to the Assembly of the Church, The Noblemen made a motion to the Assembly, and the Assemblies Commission to the Lords. which was then convened at Edinburgh, to deal with those of the other faction, and persuade them to a general meeting for matters of the Church, wherein they hoped some good might be done, and all occasions of civil discord removed. The Assembly liking well the motion, condescended to prorogue their meeting unto the 20. of july next, and in the mean season, to direct letters to the Earls of Argile, Huntley, Cathnes, Rothes, Crafourd, and Menteith; The Lords Boyd, Drummond, Hervis, Catheart, Yester, Fleming, Levingston, Seaton, Glammis, Ochiltrie, Grace, Oliphant, Methven, Innermaith and Sommervaile, and to the Commendators of Aberbrothock, Kilwining, Dunfermling, St. Cobuke, Newbottle, and Halyrudhouse. who did either assist the advese party, or then behaved themselves as Newters. To procure the greater respect to these Letters, john Knox, Mr. john Douglas, Mr. john Row, and Mr. john Craig, were chosen Commissioners, and had instructions given them to this purpose. Instructions given to those that were sent from the Assembly. That Satan by his instruments, had of long time and by many subtle ways, laboured to hinder the progress of true Religion within this Realm, and that now the same was in hazard to be utterly subverted, chiefly through the poverty of the Ministers, that aught to preach the word of life unto the people, some being compelled to leave their vocation, and betake them to civil callings, others so distracted through worldly cares, as they could not wait upon the preaching of the word so diligently as they wished; In consideration whereof the Assembly of the Church being convened at Edinburgh, had thought it necessary to prorogue their meeting to the 20. of july, and to entreat and admonish all persons truly professing the Lord jesus within the Realm, as well Noblemen as Barons, and those of the other estates, to meet and give their personal appearance at Edinburgh the said day, for giving their advice, council and concurrence in matters then to be proponed; especially for purging the Realm of Popery, the establishing of the policy of the Church, and restoring the Patrimony thereof to the just possessors. Assuring those that should absent themselves at the time, due and lawful advertisement being made, that they should be reputed hinderers of the good work intended, and as dissimulate professors be esteemed unworthy of the fellowship of Christ's flock: considering chiefly that God in his mercy had offered a better occasion for effecting these things, then in times past, and that he had begun to tread down Satan under foot. This they were willed to speak, and by all fair persuasions, to move them to keep the day and place appointed. The missive letters were for the most part to the same effect, but in these, besides the provision of the Ministers, I find the poor and indigent members of Christ also mentioned, and somewhat said concerning an union to be made amongst the professors, and such a conjunction as might make them able to withstand the craft and violence of their enemies. But neither did the letters nor the credit given to the Commissioners prevail with those to whom they went, all almost excusing themselves (some by word, others by letter) and saying, That in regard of the present division caused by the Queen's imprisonment; and that the Town of Edinburgh, where they were required to meet, was straight kept by a part of the Nobility, and some hired soldiers, they could not come to the place appointed without trouble and danger of their lives. Notthelesse they did assure the Church of their willingness to every thing, that might serve to advance the Gospel, and further the provision of the Ministers, for the better and more diligent attendance on their callings. The Earl of Argile did answer more particularly, The Earl of Argile his answer. and touching the policy desired, that no novations, nor alterations should be made before a general meeting of the Estates. In like sort the Lord Boyd did by his answer promise to bold hand to the forthsetting of the Policy, The Lord Boyd his answer. but with an exception, so far as it might stand with law. Yet had both the one and other ratified the book of Policy by their subscriptions long before, and made no scruple either of law or custom at that time. The Noblemen that remained at Edinburgh, perceiving they could not be drawn to a meeting, resolved to prosecute their purpose at all hazards, and joining with the Assembly, condescended to all the Artticles proponed for the good of the Church, and made great promises of performance; howbeit having once attained their ends, they did forget all, and turned adversaries to the Church in the same things whereunto they had consented. Always the Articles agreed unto, were as followeth. 1. Articles agreed in the Assembly of the Church. That the Acts made in the Parliament holden at Edinburgh the twenty fourth of August, 1560. touching Religion and the abolishing of the Pope's authority, should be extracted forth of the Registers, and have the force of a public law; and that the said Parliament in so far as concerning Religion, should be maintained and defended by them, as a Parliament lawful, and holden by sufficient commission from the Queen, then being in France, and be ratified in the first Parliament, which should happen to be kept within the Realm. 2. That until perfect order might be taken for restoring the Patrimony of the Church, the Act of assignation of the thirds of Benefices for the sustentation of the Ministry, should be put in due execution. 3. That an Act of Council made with consent of her Majesty touching the conferring of small Benefices within the value of 300. marks to Ministers, should be put in practice; as likewise the Act for annuals, obits, and aulterages, especially within Burghes. 4. That in the first lawful Parliament which should be kept, or sooner if occasion might serve, the Church of Christ within this Kingdom should be fully restored unto the Patrimony belonging to the same, and nothing be passed in Parliament before that and other matters of the Church were first considered and approved; In the mean while the Noblemen, Barons and other Professors then present, did willingly offer, and consent to reform themselves in the matter of the Church patrimony according to the Book of God, and to put the same in practice for their own parts, ordaining the refusers and contraveners of the same to be secluded from all benefits of the Church. It was further agreed, That in the next Parliament, or otherwise at the first occasion order should be taken for the ease of the labourers of the ground, in the payment of their Tithes, and that the same should not be disponed to any others without their advice and consent. 5. That none should be permitted to bear charge in Schools, Colleges, and Universities, nor allowed publicly or privately to instruct the youth, except such as should first be tried by the Superintendents, and Visitours of the Church, who being found meet should be admitted by them to their charges. 6. That all crimes and offences committed against the Law of God should be severely punished, according to the Word of God, and Judges deputed for execution thereof; or if there be no laws as yet made, nor Judges appointed for the punishment of such crimes, that the same should be done in the first Parliament. 7. That seeing the horrible murder of the King her Majesty's husband is a crime most odious before God, and tending to the perpetual shame and infamy of the whole Realm, if the same should not be exemplary punished; the Noblemen, Barons and other Professors should employ their whole forces, strength and power for the just punishment of all, and whatsoever persons that should be tried and found guilty of the same. 8. Sith it hath pleased God to give a native Prince unto the Country, who in all appearance shall become their King and Sovereign, lest he should be murdered and wickedly taken away as his father was; the Nobility, Barons, and others under subscriving should assist, maintain and defend the Prince against all that should attempt to do him injury. 9 That all Kings and Princes, that in any time hereafter shall happen to reign and have the rule of the Realm, should in their first entry, and before they be either crowned or inaugurated, give their oath, and faithfully promise unto the true Church of God, for maintaining and defending by all means the true Religion of Christ, presently professed within the Kingdom. 10. That the Prince should be committed to the education of some wise, godly and grave man, to be trained up in virtue and the fear of God, that when he cometh to years, he may discharge himself sufficiently of that place and honour whereunto he is called. 11. That the Nobility, Barons and others underscribing, should faithfully promise to convene themselves in arms for the rooting out of idolatry, especially the blasphemous Mass, without exception of place or person. And likewise should remove all idolaters, and others not admitted to the preaching of the Word, from the bearing of any function in the Church, which may be a hindrance to the Ministry in any sort; and in their places appoint Superintendents, Ministers, and other needful members of the Church. And further, should faithfully bind themselves to reform all Schools, Colleges and Universities throughout the Realm; by removing all such as be of contrary profession, and bear any charge therein, and planting faithful teachers in their rooms, lest the youth should be corrupted with poisonable doctrine in their lesser years, which afterwards would not easily be removed. These were the Articles agreed unto by a common consent, The Articles subscribed. and subscribed in the presence of the Assembly, by the Earls of Morton, Glencarne, and Mar; the Lords Home, Ruthven, Sanqhuar, Lindesay, Grahame, Innermaith, and Ochiltrie, and many Barons, besides the Commissioners of Burgesses. Upon the dissolving of this Assembly, The Queen moved to make resignation of the Crown. the Lords Ruthven and Lindesay were directed to Lochlevin to deal with the Queen for resignation of the Government in favours of the Prince her son, and the appointing of some to be Regent who should have the administration of affairs during his minority. At first she took the proposition grievously; answering in passion, that she could sooner renounce her life, than her Crown: yet after some rude speeches used by the Lord Lindesay, she was induced to put her hand to the renunciation they presented, by the persuasion chiefly of Robert Melvil, who was sent from the Earl of Athol and Lethington, to advise her as she loved her life not to refuse any thing they did require. He likewise brought a letter from Sir Nicholas Throgmorton the Ambassador of England, (who was come a few days before to visit her, but was denied access) to the same effect, declaring that no resignation made in the time of her captivity, would be of force, and in Law was null, because done out of a just fear; which having considered with herself a while, without reading any one of the Writs presented, she set her hand to the same, the tears running down in abundance from her eyes. One of the Writs contained a renunciation of the Crown and Royal dignity, with a Commission to invest the Prince into the Kingdom, by the solemnities accustomed. And to that purpose a procuration was given to the Lords Ruthven and Lindesay for dimitting and resigning in presence of the three Estates the Rule and Government: And to the Earls of Morton, Athol, Marre, Glencarne and Menteith, and to the Lords Grahame and Home, with the Bishop of Orkney, and the Provosts of Dundie and Montross, for inaugurating the Prince her son. The other Writ did appoint the Earl of Murray Regent during the Prince his Minority, if at his return he should accept of the Charge. And in case of his refuse, the Duke of Chattellerault, the Earls of Lenox, Argile, Athol, Morton, Glencarne, and Mar, who should jointly govern, and administrate the public affairs. Both the renunciation, The King crowned at Striveling. and Commission for government of the Realm, were the next day published at the Market Cross of Edinburgh, and the third day after the Publication (which was the 29. of july) was the Prince crowned, and anointed King in the Church of Striveling by the Bishop of Orkney, assisted by two of the Superintendents. The Sermon was made by john Knox; the Earl of Morton and the Lord Home took the Oath for the King, that he should maintain the Religion received, and minister justice equally to all the subjects. The English Ambassador though he was in town, refused his presence to that solemnity, lest he should seem to approve the abdication of the Queen's Government. Now how soon the news came to France (and they came in great haste) the Earl of Murray prepared to return, whereof the Archbishop of Glasgow getting intelligence (who lay there Ambassador for the Queen) he laboured earnestly to have him detained, informing that he was the head of the faction raised against the Queen, and that he was called home to be their leader. The Earl of Murray returneth from France. But he had taken his leave some hours before of the Court, and used such diligence, as they who were sent to stay him, found that he was loosed from deep before their coming. Returning by England, he came the 11. of August to Edinburgh, where he was received with a wonderful joy. Great instance was used to have him accept the Regency; at which they said no man would grudge, he being named by the Queen, and having given all good men experiments of his worth. Some few days he desired to advise, He visiteth the Queen at Lochlevin. in which time he visited the Queen at Lochlevin, and sent Letters to the Noblemen; of the other faction, especially to the Earl of Argile, with whom he had kept an entire friendship of a long time, showing in what sort he was pressed by the Lords that maintained the King's authority, and entreating him by the bonds of kindred, the familiarity they had long kept, and by the love he bore to his native Country, to appoint a place where he might confer with him, and have his counsel in that business. To the rest he wrote according to the acquaintance he had with them, and as their place and dignity required. Of them all in common he desired that they would be pleased to design a place of meeting, where they might by common advice provide for the safety of the Kingdom, which in that troubled time could not long subsist, without some one to rule and govern. But finding them all to decline the meeting, and being importuned on the other side by those of the King's faction to undertake the charge, he resolved to accept the same, and in a convention of Noblemen, and others of the Estates kept at Edinburgh the 20. The Earl of Murray elected Regent. of August, was elected Regent with a great applause of all that were present. The same day was his Election published, and charge given to all the subjects for acknowledging, and obeying him as Regent, and Governor of the Realm unto the King's majority. THE HISTORY of the CHURCH OF SCOTLAND. THE FIFTH BOOK. The Contents. How matters passed in the State and Church, during the Government of the four Regent's, his Majesty being yet minor. BOthwell after his flight at Carberry, Bothwell taketh the Sea, and is pursued by Grange. having stayed a few days in the Fort of Dumbar; for that he feared to be enclosed, made to the Sea, with two or three ships, which he had prepared, and went into Orkney; his purpose was to have remained in the Castle of Kirkwall, and if any did pursue him to take himself to the ships: but the keeper Gilbert Balfour would not receive him, so as he was forced to return to Sea, and there playing the Pirate made spoil of all that came in his way. The Regent advertised of this, sent William Kirkealdy of Grange with five ships well maned to pursue him, who coming upon him unlooked for, as he lay in one of the creeks of Orkney, gave him the chase, and had certainly taken him, if they had not been hindered by rocks and shallow waters. The Unicorn one of Granges best ships was cast away upon a rock, Bothwell with his that were not of such a burden escaping. Shortly after he was taken upon the Coast of Norway, and conveyed to Denmark, where being detected by some Scottish Merchants, he was put in a vile and loathsome prison, and falling in a frenzy which kept him some ten years, made an ignominious and desperate end, such as his wicked and flagitious life had deserved. Grange at his return had the Castle of Edinburgh committed to his keeping, The custody of Edinburgh Castle committed to Grange. which a little before was sold by Sir james Balfour to the Regent for the sum of 5000. pounds, and the gift of the Priory of Pittinweeme. At the same time Patrick Whitlaw keeper of Dumbar Castle, being charged to render the same did at the persuasion of his friends yield up the fort, which otherwise was held impregnable. The Lords who were convened at Hamilton, perceiving how matters went, The Lords convened at Hamilton write to the Regent. and that all things grew strong on the Regent's side, upon a new deliberation did write unto him, and the rest that stood for the King's authority, desiring a conference; and offering to send the Earl of Argile with some others, to any place they would for meeting. But because in the superscription they gave not the Regent his due title, styling him only Earl of Murray, the letter was rejected by the Council, and the messenger dimitted without answer▪ Argile knowing what had given the offence, resolved to go unto the Regent, and taking with him the Lord Boyde, and the Abbot of Killwining came to Edinburgh. There it being declared, that the election of the Regent was not made upon any contempt, or misregard of the Noblemen who were absent, but upon necessity to keep the Realm in order, it was agreed that a Parliament should be called for settling all affairs by advice and consent of the Estates, An. 1566. and that the same should be kept at Edinburgh the 15. day of December next. When the Diet appointed for Parliament came, The first Parliament of King james the 6. it was kept with such a frequency, as the like was not remembered to have been seen a long time. The honours accustomed of Crown, Sceptre, and Sword, were carried by the Earls of Angus, Huntley and Argile, and every thing done with the greatest show of solemnity that could be used. Beginning was made at the affairs of the Church, and divers Acts concluded in their favours: The Acts concluded in Parliament. as an Act abolishing the Pope his jurisdiction and usurped authority within the Realm; another for repealing the Statutes made in former times for maintenance of idolatry, and superstition, with the ratifying of the confession of faith, and some others, which may be seen in the first Parliament of King james the sixth. The matter of policy, and jurisdiction of the Church was referred to the consideration of certain Lords delegated by the Estates; but for the restitution of the patrimony, which was promised to be the first work of the Parliament, though the Regent did what he could to have the Church possessed with the same, it could not be obtained. Only the thirds of Benefices were granted to the Church, for provision of the Ministers; the superplus, or what should be found remaining after the Ministers were provided, being applied to the support of the public affairs of the Estate. Touching the Queen, a long consultation was held what course should be taken with her: some urged that she should be arraigned, and punished according to the law. Others reasoned, that whatsoever authority was in the Kingdom, was derived from her, and was revocable at her pleasure, so as she could not be arraigned or brought to trial before any inferior Judge; and when it was replied, that the Scots from the very beginning of the Kingdom, had been in use to censure and punish their Kings, The Queen ordained to be kept in prison. in case of grievous crimes, the greater number disliking that course, it was concluded, that she should be detained, and kept in perpetual prison. Some ten days after in an Assembly of the Church, The Bishop of Orkney deposed for marrying the Queen. the Bishop of Orkney was convened for joining the Queen and Bothwel in marriage, and deposed from his function and office. The Countess of Argile being cited to appear before the same Assembly for assisting the Baptism of the King, and giving her presence at the Papistical rites then used, did submit herself to censure, and was ordained to make public satisfaction in the Chapel of Striveling, where the offence was committed, upon a Sunday after Sermon in such manner, and at such time as the Superintendent of Lothian should appoint. In the month of january john Hepburn called Bolton, The confession of these that were executed for the King's murder john Hay younger of Tallow, and two Chamberboyes of Bothwels powrie and Dalgleish were brought to trial for the King's murder, and found guilty by their own confessions. The sum whereof was, that they were enticed unto that wicked fact by Bothwel, who did assure them that most of the Noblemen within the Realm had consented thereto, and that a contract was showed them subscribed by the Earls of Argile, Huntley, young Lethington and others; but whether these subscriptions were the Nobleman's own or counterfeit, they could not tell. They further said that Bothwel made them believe that the Lords who had subscrived, would each of them have one or two of their servants present at the murder, yet were they but eight persons in all, besides Bothwel himself, that came unto the place: Namely, Sir james Balfour, the Laird of Ormeston in Teviotdale, Robert Ormeston his Cousin, one Wilson a man of Hadington, and the four who were then to suffer. The sentence upon their conviction was, that they should be hanged, their heads cut off, their bodies quartered, and cast into the fire. A manifold execution, which the treacherous Parricide they had committed, did well deserve. At the opening of the spring, An. 1568. the Regent purposing to hold justice Courts through the whole Kingdom, made his beginning in the West parts, because of some broken people in the Lenox, The Queen escapeth from Lochlevin. and Highlands adjoining: whilst he remained at Glasgow, (for the first Court was there affixed) the Queen made an escape from Lochlevin, to the great contentment of many who stood in fear of the Regent's severity or, as (the vulgar called it) cruelty. And even some that were the principal workers of her imprisonment. having changed their minds, did earnestly wish her liberty. Lethington who hating Bothwel to the death, was enemy to the Queen for his respect, as soon as he understood of his arresting in Denmark, and saw that he was no more to be feared, desired greatly to have her restored, as thinking his credit and safety should that way be most assured. Sir james Balfour followed always his course; William Murray of Tulibardin, though he had showed great forwardness at the hill of Carberry, where the Queen was taken, yet being Popishly set, upon some private discontents forsaken the Regent, and carried with him divers of his friendship. The hamilton's were known to desire nothing more than her freedom. The Earls of Argile and Huntley, howbeit they had been present at the late Parliament, and given their assistance for establishing the King's authority, turned their Coats, and joined with the rest for repossessing the Queen; and besides these many others, some led with hopes of advancement, and some trusting to have their distressed estates bettered by a change, longed much to have her relieved, which by this means came to pass. George Douglas the Regent's youngest brother a Gentleman of good spirit, The manner of the Queen's escape. who remained with her in the Castle of Lochlevin, alured by her courtesies, and fair promises, having corrupted the Keepers, although he himself upon suspicion, was some days before sent forth of the Isle, got her transported, (whilst the rest were at dinner) in a little vessel to the side of the lake, where he with the Lord Seaton and some horsemen were attending. The first night she lodged at Nudrie in West Lothian, and the next day was conveyed to Hamilton, whither repaired unto her the Earls of Argile, Cassils', Eglington, and Rothes, the Lords Sommervil, Yester, Borthwick, Levingston, Hereis, Maxwell, Sanqhuar, and Ross, with many other Barons, and Gentlemen. The Lords meeting in Council, the Queen declared that the resignation she had made of the Crown, was extorted by fear; as likewise the Commission granted for inaugurating the Prince her son, qualifying the same by the testimony of Robert Melvile there present, The Queen's resignation discerned null. and others. Thereupon was the resignation discerned void and null, and Proclamations made in her Majesty's name, commanding all the Liege's to meet in Arms at Hamilton for pursuing the rebels, that had usurped the Royal authority. The news hereof brought unto Glasgow (which is only eight miles distant) where the Regent than abode, The Regent advertised of the Queen's escape. were scarce at first believed, but within two hours or less, being assured, a strong alteration might have been observed in the minds of most that were there attending. The report of the Queen's forces made divers to slide away; others sent quietly to beg pardon for what they had done, resolving not to enter in the cause any further, but to govern themselves as the event should lead and direct them. And there were that made open defection, not a few, nor of the meaner sort. The Lord Boyd falleth to the Queen. Amongst whom the Lord Boyd was especially noted, and in the mouths of all men; for that being very inward with the Regent, and admitted to his most secret counsels, when he saw matters like to turn, he withdrew himself and went to the Queen. Yet the Regent nothing discouraged, The Regent resolveth to stay at Glasgow and assemble forces. and esteeming his life could not be more honourably bestowed then in the defence of the King, albeit many did advise him to retire unto Striveling, would not condescend to stir, saying, That his retreat would be interpreted a flight, and the adversaries thereby animated, and his friends disheartened. In the mean season he sent advertisement to his friends in Mers, Lothian, and Strivelingshire. The Earl of Glencarn and Lord Semple with the men of Lenox, and others well affected to the cause, that lay near to the City, made haste unto his succourse, so as in a day or two, his company increased to 4000 and above. There was with the Queen a French Ambassador, who had arrived a few days before, and moved the Regent for access to the Queen before the escape she made; he was still posting between Hamilton and Glasgow, rather to espy and observe things, then to make the peace he pretended; for when he saw the Regent's forces to be few, as at first they were, and that the Queen's power was much greater, he did persuade her to take the fields, and put it to the trial of a day: which she resolved to do. Thereupon warning given to make ready against the next morning, the Earl of Argile was proclaimed Lieutenant, and conclusion taken to march with the Army by Glasgow, towards the Castle of Dumbarton, where they pruposed to place the Queen, and either to give battle, or draw the war at length as they pleased: or if the Regent (which they did not expect) should meet them in the way, to fight him, accounting the victory certain, because of their numbers. The Regent advertised of the Queen's intentions, The battle of Landside, 13, May, 1568. took the fields the next day early, and stood with his companies some hours in battle, array, upon the Moor of Glasgow, where it was believed the Queen's Army should pass, but when he saw them keep the other side of the River, he directed the horsemen to pass the Fords, the water being then ebbed, and leading the foot along the bridge, went towards Landside, which lay in the way to Dumbarton. This is a little Village upon the water of Carthe, The order of the Regent's Army. situated at the foot of a hill towards the West; on the East and North the ascent unto it is somewhat steep, the other parts of the hill are more even and plain; both Armies contending who should first possess it, that of the Regent's prevented the other by occasion of Argiles sickness, who was on the sudden taken with a fit of the Epilepsy, and so retarded the march of the Queen's Army. When they approached near and saw themselves prevented, they went to a little opposite hill, and there ranged themselves in two battles, placing in the first their whole strength almost; for if they should at the first encounter repulse their enemies, the rest they made account would soon disband and take the chase. The Regent had likewise put his troops in two battles; on the right hand were placed the Earl of Morton, the Lords Home, Semple, and Lindesay, with their clients and vassals; on the left, the Earls of Marre, Glencarn, and Menteith, with the Citizens of Glasgow: the Harquebusiers were planted in the Village beneath, and within the hedges upon the highway. Before the joining both sides played with their Ordinance upon others, but the advantage was on the Regent's part, the Queen's Canoniers being forced to quit their munition. His Cavalry on the other side being much inferior to the Queens, was compelled to give ground: but when they entered upon the foot, thinking to put them in disorder, the Archers from the Regent's side reigned such a shower of arrows upon them, as they could not hold up their faces, and were forced to turn back. The left wing of the Queen's Army advancing itself in the mean while, howbeit greatly annoyed by the Harquebusiers, that beat them in the straight on both sides, got into the plain and displayed itself. Then did the Armies join and enter into a hot fight, striving in thick ranks to maintain their places, and by force of spears to break and bear down one another; for the space of half an hour and more, the fight continued doubtful, and so eagerly they strove, that they whose spears were broke, stood throwing their poniard, stones, and what came readiest to their hands, in the faces of their adversaries. The Regent's second battle perceiving that none came against them, and fearing the other should be overlaid, (for they saw some in the last ranks recoiling) went unto their aid, whereupon the Queen's Army gave back, and so were put to rout. The Regent and those on his side showed great manhood, all their hopes consisting in the victory: nor were his enemies any less courageous, but the advantage of the ground were to those of his part no small help. There were not many slain on the place, most of the slaughter being made in the chase, and unless the Regent had with his presence wheresoever he came, and by sending horse into all parts, stayed the fury of those that pursued, the victory had been much more bloody. The Queen who stood a mile off from the battle on a little height, perceiving the field lost, made towards the borders. The number of the slain. The rest that escaped, fled the readiest way they could find, every man to his own home. The number of the slain was about 300. many were taken prisoners, The ptisoners that were taken. amongst whom the most eminent the Lords of Seaton, and Ross, the Masters of Cassils' and Eglington, Sir james Hamilton of Avendale, and the Sheriffs of Air and Linlithgow. Of the Regent's side one only was slain, the Lords Home and Ochiltrie wounded. All the rest, a few excepted that followed the chase too far, returned with him to Glasgow, where they went first to Church, and gave thanks to God for the victory they had obtained, almost without any effusion of blood. This conflict happened upon the 13th, of May. the eleventh day after her escape from Lochlevin. The French Ambassador who had conceived an assured hope of her prevailing, perceiving things fall out otherwise, took horse, and made away to England, not once saluting the Regent, to whom, as he pretended, he was sent. By the way he fell in the hands of some robbers, that rifled all his baggage, which the Laird of Drumlanrig, for the respects he carried to the title of an Ambassador, caused to be restored. The rest of that day the Regent bestowed in taking order with the prisoners: The Castles of Hamilton and Darffan rendered to the Regent. some he freely dimitted, others upon surety, but the Principals were detained (they especially of the Surname of Hamilton) and committed to several prisons. The next day taking with him 500 horse, he road unto Hamilton, and had the Castle thereof, with the house of Draffan another strong hold, belonging to the Duke, rendered in his hands. Such a terror this defeat wrought, that the whole inhabitants of Cluid did relinquish and forsake their houses: upon the like fear, did the Queen against the counsel of her best friends take Sea at Kirkcadbright, and sail into England, landing at Wirkinton in Cumberland, near to the mouth of the river Derwent, from which place she sent a letter to Queen Elizabeth, The Queen flieth to England and writes to Queen Elizabeth. declaring that she was come into her Kingdom, upon hope of aid and assistance from her, requesting she might be conducted to her with all speed because of her present distress. john Beaton one of her domestics, was some days before sent with the Diamond she had received from the Queen of England for a token of kindness, to signify her purpose of coming into England, if she should be further pursued by her subjects: who did shortly return with large promises of love, and kindness, if she should happen to come; But as soon as her coming was known, the directions sent by Sir Francis Knowles, were not so loving; for by him she was desired to go unto Carlisle as a place of more safety, whither the Lieutenant of the country should conduct her, and stay there till the Queen was informed of the equity of her cause. This direction did much displease her, and then began she to see her error, The Queen of Scots begins to see her error. but seeming to take all in good part, she sent the Lord Hereis to entreat the Queen for an hearing in her own presence, where she might both clear herself, and show how injuriously she had been dealt with by those, whom at her intercession she had recalled from exile; or if that could not be obtained, to crave that she might be permitted to depart forth of England and not detained as a prisoner, seeing she came willingly thither, in confidence of her kindness often promised, and confirmed as well by letters as messages. Queen Elizabeth moved with these speeches, said, that she would send to the Regent, and desire him to stay all proceeding against the subjects that stood in her defence, till matters were brought to an hearing. A Parliament called by the Regent. For the Regent at the same time had called a Parliament to the 25. of june, for proceeding against those that had accompanied the Queen in the fields by course of law. They of the Queen's faction were in the mean time preparing to hinder the meeting, and when as the Diet drew near, the Earl of Argile with his forces met Lord Claude Hamilton at Glasgow, the Earl of Huntley brought from the North 1000 foot, with as many horsemen almost, and came as far as Perth, but was not permitted to cross the river of ●ay, the channels and passages being all guarded by the Lord Ruthven and such in those quarters as maintained the King's authority. So being forced to return home, the Earl of Argile, and other Lords not seeing how they could hinder the meeting of the Parliament, dissolved their companies, and returned to their own country. At this time came the letters promised by the Queen of England, The Queen of England desires the Parliament to be delayed. The R●gent refuseth. whereby the Regent was desired to delay the Parliament, and not to precipitate the giving of sentence in these matters, till she was rightly informed of the whole cause. But the Regent considering that the delay of the Parliament would be constructed to proceed of fear, resolved to keep the Diet. At the meeting it was long disputed, whether all they that had taken Arms against the King, and not sued for pardon, should be forfeited, or if sentence should be given against a few only to terrify the rest, and hope of favour left unto others upon their obedience? Secretary Lethington who did secretly favour the other faction, maintained the calmest course to be the best, and by the persuasions he used, wrought so as the process against the better sort was continued, and some of meaner note only proscribed; which was interpreted, even as the Regent conceived, to proceed of fear, and not of a mind to reclaim them. The Earl of Rothes only of all the Noblemen of that side reconciled himself, accepting three years exile for his punishment. Some others of meaner sort the Regent received into favour, and such as stood out he pursued by force of Arms, making an expedition into the countries of Nidisdale, Annandale, and the lower parts of Galloway, where he put Garrisons in the Castles and strong Forts that were judged necessary to be kept others he demolished & threw to the ground; and had in a short space (as it was thought) reduced the whole country to his obedience, if he had not been stayed by other letters by the Queen of England; for the offending that he should have gone on in that manner, The Queen of England writeth to the Regent. whereas she had willed him to defer all things till she was informed of the whole cause, sent by one of her servants called Middlemore, a sharp letter unto him declaring that she would not endure the sacred authority of Kings to be in that sort abused at the appetite of factious subjects, and howsoever they had forgot their duties to their Sovereign, she would not neglect her sister and neighbour Queen. Therefore willed him to direct certain Commissioners to inform her how matters had passed, men that could answer the complaints made by the Queen of Scotland against him and his complices, which if he failed to do, she would restore her to her Kingdom with all the power she could make. The Regent took it grievously, that matters determined in Parliament, should be brought again in question, and to plead before foreign Judges he held it dishonourable; yet considering the adversaries he had (the Cardinal of Lorain abroad who swayed all things in the French Court, and at home many of the Nobility) and that if he did offend the Queen of England, his difficulties should be every way great, he was glad to yield to the conditions required, though against his will. Thus it being condescended the Commissioners should be sent, Commissiooners choosed to go into England. when as they could not agree upon the persons (the principal Noblemen refusing the employment) the Regent himself offered to undertake the journey; and to accompany him, choice was made of the Bishop of Orkney, and Abbot of Dunfermlin for the spiritual estate; of the Earl of Morton and Lord Lindesay for the temporal; and of Mr. james Macgill and Mr. Henry Balnaves Senators of the College of Justice: besides these there went with him Secretary Lethington, and Mr. George Buchannan. The Secretary had long withstood the sending of any Commissioners thither, and simply refused to go in that journey, yet the Regent not holding it safe to leave him at home, whom he knew to be a busy man, and a practiser underhand with the other party, did insist so with him, as in end he consented. The Commission was given in the King's name under the Great Seal, to the Regent, The tenor of the Commission. the Earl of Morton, the Bishop of Orkney, the Abbot of Dunfermlin, and Lord Lindesay, or to any three of them, for convening with the deputies of the Queen of England at York, or any other place or places they should think expedient, there to make plain and ample declarations to them (I keep the very words of the Commission) for informing his good sister of the true causes, whereupon divers of the Nobility, and good subjects, during the time that the Queen his Mother was yet possessor of the Crown, took occasion to put on Arms; to take, detain, and sequestrate her person for a time, with all causes, actions, circumstances, and other their proceedings whatsoever towards her, or any other subjects of the Realm since that time, unto the day and date of the said Commission, or that should fall out, until the return of the said Commissioners, whereby the Justice of their cause, and honourable dealing might be manifested to the world: As likewise to commune, treat, determine, and conclude with his said sister, or her Commissioners, having sufficient authority, upon all differences, causes, or matters, depending betwixt the subjects of either Realm, or for further confirmation, or augmentation of any treaty of peace heretofore made and concluded betwixt the Realms, or for contracting and perfecting any other treaty, or confederation, as well maintenance of the true Religion publicly professed by the inhabitants of both the Realms, as for resisting any foreign, or intestine power, that might be stirred up within the same, to disturb the present quietness, that it hath pleased the Almighty God to grant unto both the Kingdoms, in the unity of the said Religion, and for increase of amity, peace and concord betwixt him and his said sister, their Realms, dominions, people and subjects. And generally to do and conclude all things which by them, or any three of them should seem convenient, and necessary for the premises, or any part thereof, promising to hold firm and stable, etc. This Commission is of the date a● Edinburgh the 18th, of September, 1568. In july preceding there was an Assembly of the Church kept at Edinburgh, An Assembly of the Church. wherein Mr. john Willock Superintendent of the west, being elected to moderate the meeting, made difficulty to accept the place, unless some better order was observed, then had been in former times; for even then the multitudes that convened and indiscreet behaviour of some, who loved to seem more zealous than others, did cause a great confusion. Obedience being promised by the whole number, he assumed the Charge. And there it was enacted, Who should have voice in Assemblies. That none should be admitted to have voice in these Assemblies, but Superintendents, Visiters of Churches, Commissioners of Shires, and Universities, and such Ministers as the Superintendents should choose in their Diocesan Synods, and bring with them, being men of knowledge, and able to reas●n, and judge of matters that should happen to be proponed. And that the Assembly should not be troubled with unnecessary business, it was ordained, That no matters should be moved, which the Superintendents might, and aught to determine in their Synods. Some Acts of discipline were also concluded, as that Papists continuing obstinate after lawful admonitions, Acts of discipline. should be excommunicated; and that the committers of murder, incest, adultery, and other such heinous crimes should not be admitted to make satisfaction by any particular Church, till they did first appear in the habit of penitents before the general assembly, and there receive their injunctions. A supplication also was put up to the Regent and Council, wherein amongst other particulars it was desired, That the persons nominated in Parliament for the matter of policy, or juridiction of the Church, should be ordained to meet at a certain day, and place for concluding the same. This was promised and the eighth of August appointed to that effect; but the Diet did not hold, and so these matters continued unresolved as before. In the end of the Assembly the Bishop of Orkney, who had been deposed from all function in the Church for the marriage of Bothwel with the Queen, was upon his submission reponed to his place, The Bishop of Orkney reponed. and for removing the scandal he was enjoined in his first Sermon to make public acknowledgement of his fault, and crave forgiveness of God, the Church, and Estate which he had offended. About the end of September the Regent, A meeting of the English and Scots Commissioners at York and those that were joined with him in commission took their journey into England, and came to York the fifth of October: the same day and almost the same hour came Thomas Howard Duke of Norfolk, Thomas Earl of Suffex, and Sir Ralph Sadler Chancellor of the Duchy of Lancaster, having Commission from the Queen of England, to hear and determine all questions, controversies, debates, and contentions, betwixt her sister the Queen of Scots and the subjects adhering unto her on the one part, and the Earl of Murray and others refusing to acknowledge her authority and adhering to the Prince her son on the other: as likewise to decide all matters depending betwixt them two, to confirm the peace before that time contracted, or establish a new confederation betwixt them, their people and subjects, as they should think most convenient. Some two days after john Lesley Bishop of Ross, William Lord Levingston, Robert Lord Boyd, Gawan Commendator of Kilwining, and james Cockburn of Skirling, Commissioners for the Scottish Queen. Commissioners for the Scottish Queen, came to the City; where being all convened, and the Commissions exhibited, an oath was presented to both parties by the Commissioners of England, by which they were required to swear, That they should proceed sincerely in that conference and treaty, and neither for affection, malice, or any other worldly respect propone any thing before the Commissioners, which in their consciences they did not hold to be true, just and godly, and reasonable; as also not to withdraw, hide or conceal any matter fit to be opened, and declared for the better knowledge of the truth in the controversies standing amongst them. The Commissioners of the Queen of Scotland before they took the oath protested, Protestation for the Queen of Scotland. That although the Queen their Mistress was pleased to have the differences betwixt her and her disobedient subjects considered and dressed by her dearest sister and cousin the Queen of England, or by the Commissioners authorized by her, yet she did not acknowledge herself subject to any Judge on earth, she being a free Princess, and holding her imperial Crown of God alone. This their protestation they desired to be put in record, left the Queen or her posterity should be prejudiced in their Sovereignty by the present proceedings. The Commissioners of England did chose protest, Commissioners of E●gland protest in the contrary. that they did neither admit nor allow that protestation in any sort, to the hurt or prejudice of that right which the Kings of England have claimed, had and enjoyed as superiors over the Realm of Scotland, which Superiority they protested should belong and appertain to the Queen their Mistress, in the right of the Crown of England. These protestations made, both parties took the oath in manner as was required, and this was the Act of the first meeting. The next day the Commissioners of the Queen of Scotland, A declaration in behalf of the Queen of Scotland. presented a Declaration in writing, bearing that james Earl of Morton, john Earl of Marre, Alexander Earl of Glenc●rne, the Lords Homes, Lindesay, Ruthven, Simple, Cathcart, Ochiltrie, and other their assistants, had levied an Army in the Queen's name against the Queen, taking her most noble peron, used her in vile manner, and thrust into prison in Lochlevin, and forcibly broken her Mint-house, taken away the printing Irons, with all the silver and gold coined and uncoined, which was in the house for the time: And going to the Castle of Striveling, and made a fashion to crown her son the Prince being then but thirteen months old. That james Earl of Murray taking upon him the name of Regent, had usurped the Royal authority, and possessed himself with the whole forts, Castles, Munition, Jewels, and Revenues of the Kingdom. And when it had pleased God to relieve her out of that prison, (wherein she was so straight detained by the space of eleven months, as none of her friends and true subjects could once be permitted to see, or speak with her) and that she had publicly declared by a solemn oath, in the presence of divers of the Nobility at Hamilton, that whatsoever was done by her in prison, was extorted by force, threats, and fear of death, she out of that natural affection which she carried to her realm and subjects, did appoint the Earls of Argile, Eglington, Cassils', and Rothes, to agree and make a pacification with the said Regent, and his partakers; but they were so far from admitting any peaceable Treaty, as they did invade her, in her passing to Dumbritton, with the men of War whom she had hired with her own moneys, killed divers of her faithful subjects, led others away prisoners, and banished some of good note for no other cause, but for serving faithfully their lawful Princess; and so after a great many injuries had forced her to fly into England, to request the help of Queen Elizabeth her dearest sister, and in blood the nearest Cousin she had in the world, for restoring her in her former estate, and compelling her rebellious subjects to acknowledge their due obedience unto her Majesty, which they in her Highness' name did most instantly entreat. The day following which was the ninth of October, The Regent's retire to the commissioners o● England. the Regent and rest of the Commissioners for the young King appearing before they would give any answer to the preceding writ, craved first to be resolved, Whether the Duke and those that were appointed with him for hearing their controversies, bad power to pronounce in the cause of the King's Mother, guilty or not guilty; and if according to the same, they meant to give sentence without delay: As likewise, if it should appear by the Declaration they were to make, that the Queen of Scots was guilty whether she should be delivered in their hands, or detained in England? and if the Queen of England would from thenceforth maintain the authority of the King and the Regency established in the person of the Earl of Murray. Which points they desired to have cleared, The Duke of Norfolk's answer. Lethington dissuadeth the Regent from accusing the Queen. before they could enter into the accusation intended. The Duke of Norfolk replied, that they would proceed according to the Commission given unto them, and render an account to her who had trusted them therewith. Lethington upon this turning himself to the Regent, said, That it seemed the English ha● no other purpose, but to defame and disgrace the reputation of the Queen their King's mother; Therefore willed him and his associates to consider what hurt and danger they should draw upon themselves, by accusing her in such a public form, not only with those of her own Nation, that loved the Queen, but also with other Christian Princes, especially with her cousins in France; and what could they answer unto the King, when he being of ripe years should esteem that manner of doing dishonourable to himself, his mother and whole Kingdom? They notwithstanding went on, The information presented against the Queen of Scots. and presented their answer, conceived in the terms following. The King Henry father to their sovereign Lord the King now reigning being horribly murdered in his bed, james sometimes Earl of Bothwell, who was known to be the chief Author thereof entered in such credit with the Queen, than their Sovereign, as within two months after the murder committed, he openly attempted a rape of her person and carried her to Dumbar Castle, where he did keep her as captive a certain space, causing a divorce to be led betwixt him and his lawful wife, and upon the conclusion thereof did suddenly accomplish a pretended marriage with the Queea: which insolent proceedings, together with the shameful report that passed in all Nations of the King's murder, as if the whole Nobility had been alike culpable thereof, so moved the hearts of a good number of them, as they thought nothing could be performed more honourable to themselves in the sight of all the world, then by punishing the said Earl who had committed the murder, to free themselves of the vile reports spread every where; to set the Queen at liberty from the bondage of that traitor, who had so presumptuously interprised the rape and marriage of her, whose lawful husband he could not be; and to preserve the innocent person of the King, from the hands of him that had murdered his father. For which purpose they taking arms, when the said Earl came against them with forces, leading in his company the Queen to defend his wickedness; they offered for sparing the blood of innocent men, to decide the quarrel in a single combat, whereof himself by Cartell, and Proclamation and sundry times made offer. But after many shifts he in end directly refused the same, and the Queen preferring his impunity to her own honour, that he might have leisure to escape, came willingly to the Noblemen that were in Arms, and conferred with them a certain space, after which they conveyed her to Edinburgh, informing her of the true causes, that moved them to that form of dealing, did humbly entreat her Majesty to suffer the said Earl and others, the King her husband's murderers, to be punished according to the laws; and the ptetended marriage, wherein she was rashly entered to be dissolved, as well for her own honour, as for the safety of her son, and quietness of the Realm and Subjects. But having received no other answer but rigerous threats against the Noblemen, and she avouching to be revenged upon all those that had shown themselves in that cause; they were driven by necessity to sequestrate her person for a season from the company of Bothwell, and the keeping of any intelligence with him, until punishment might be taken of him as murderer of the King her husband. In the mean time, she finding herself wearied with the troubles of government, and perceiving by things that had passed before that time betwixt her and the people, that neither could she well allow of their doings, nor they like of her forms, upon these and other consirations she voluntarily resigned her Kingdom, and transferred the same unto her son, appointing the Earl of Murray (who was at that time absent forth of the Realm) to be Regent during her son's minority; and in case of the said Earls decease, or not acceptance of the said Office, divers other Noblemen, whose names are expressed in the Commissions signed by herself, and sealed with the seals of the Kingdom. The King hereupon, being duly, rightly and orderly crowned and anointed, and the Earl of Murray after his return lawfully placed and admitted Regent, all those things were ratified and confirmed by the three Estates of Parliament, most of these that had withdrawn themselves from his authority being present and giving their consent to the same: Notthelesfe, when as matters were thus established, and the King's authority universally obeyed without contradiction, certain persons envying the public quietness, had by their subtle practices first brought the Queen out of Lochlevin, and afterwards by open force against their promised fidelity gone about to subvert the government received, wherein as they were proceeding, it pleased God to disappoint their enterprise, and give unto the King and those who stood for his authority, a notable victory unpon the 13. day of May last. Wherefore their desire was, that the King and the Regent might peaceably rule and govern the subjects according to the authority they had received of God, and that the same might be conserved and established against the factions of turbulent subjects. The Commissioners of the Queen of Scots having seen this answer made a long and particular reply to all the points thereof, wherein adhering to their former protestation, The Commissioners of the Queen of Scots reply. first they said, That the pretext of taking arms against the Queen, because Bothwell (the author of her husband's murder) was in such favour with her, could not warrant their rebellion, fith it never was made known to the Queen that he was the murderer. But to the contrary, Bothwell being indicted, and orderly summoned to underly the trial of Law, he was by the judgement of his Peers absolved, and the same absolution ratified by the authority of Parliament, where the principals that now accuse him and had withdrawn themselves from her Majesty's obedience, were present, and not only consented to his purgation, but solicited the Queen to take him to her husband, as the man most worthy to bear rule of any other in all the Realm, giving their bonds to defend him against all that should pursue him for the said crime, as their subscriptions would testify. And so neither before the marriage with Bothwell, nor after did they or any of them (which had been the duty of true subjects) so much as in words utter their dislike of it, or advertise her Majesty of the suspicions that were taken of him, until they had drawn the keeper of the Castle of Edinburgh, and the Provost of the town to their faction. Then secretly putting themselves in arms, they suddenly under silence of night environed the Castle of Borthwick where her Majesty remained, and after she had escaped to Dumbar, levied an army under pretence to defend the Queen, wherewith invading her person in the way berwixt Dumbar and Edinburgh, they did take her Majesty captive. And where they allege that her Majesty preferring the impunity of Bothwell to her own honour, made him to be conveyed safely away, The same was most untrue, for they themselves sent the Laird of Grange to her Majesty, desiring her to cause Bothwell pass out of the fields, as suspected of the King's murder, till the same might be tried, and that she would go with them and follow the counsel of the Nobility, which if she would do, they would honour, serve and obey her as their Princess and Sovereign: whereunto her Majesty for the love she bore unto her subjects, and to avoid the effusion of Christian blood, did willingly assent. In verification whereof, the said Laird of Grange took the Earl of Bothwell at the same time by the hand, and willed him to depart, giving his word that no man should pursue him. So as nothing is more clear, then that he passed away by their own consents; for if they had been minded against him only, would they not have pursued him so long as he was in the Country, for he remained a great space after that in his own house, and might more easily have been taken there, then upon the Seas, where they in a coloured manner did pursue him? Hereby, said they, may all men of found judgement perceive that they cared not what became of him, if so they might advance their own ambitious purposes and designs. Thirdly, where she is charged to have used them with threats and menacings, that, they said, was not to be thought strange, considering their undutiful behaviour, and the rude and vile usage her Majesty suffered by them. For when the Earl of Morton, at her highness' first coming to them, had reverently, as it became him, said, Madam, here is the place where your grace should be, and we will honour and serve you as truly, as ever the Nobility of the Realm did any of your progenitors in former times, ratifying thereby the promise made by the Laird Grange in their names to her Majesty, and that she trusting their speeches had gone with him to Edinburgh; they first lodging her in a simple Burgess house, and contrary to their promises did most rudely entreat her: whereupon she sent Lethington her Secretary, and made offer unto them that for any thing, wherewith they or any of the subjects were offended, she was content the same should be reform by the Nobility, and the Estates of the Realm, her Highness being present, and permitted to answer for herself: yet would they not hearken once to the motion, but in the night secretly and against her will carried her to Lochivin, and put her in prison. As to that they say, that she wearied with the molestations of government did make a voluntary resignation of the Kingdom in favours of the Prince her son, appointing the Earl of Murray his Regent during his minority, The falsehood thereof did, as they said, many ways appear. For first, her Majesty is neither decayed by age, nor weakened by sickness, but (praised be God) both in mind and body able to discharge the most weighty affairs. As also the truth is, that the Earl of Athol, the Lairds of Tullibardin and Lethington (who were of their Council) sent Robert Melvil with a ring and some other tokens to her Majesty, advising her to subscrive the letters of resignation, and what else should be presented unto her to save her own life, and avoid the death which was assuredly prepared for her, if she should happen to refuse the same, and at the same time the said Gentleman did bring unto her Majesty a letter written by Sir Nicholas Throgmorton, Ambassador of England, requesting her Highness to set her hand to whatsoever they should desire of her. To whom her Majesty answered, that she would follow his counsel, praying him to declare to her dearest sister the Queen of England, how she was used by her subjects, and that the resignation of the Crown made by her was extorted by fear, which her Highness doubted not, but the said Nicholas performed. Further it is notorious, that the Lord Lindesay at the presenting of the letters of resignation unto her Majesty, did menace to put her in close prison, if she refused to put her hand to the same, adding, that in that case, worse would shortly follow; and that her Highness never looked what was in the writings presented, but signed the same with many tears, protesting that if ever she should recover her liberty, she would disavow that, which he compelled her at that time to do. And to testify that the said resignation was made against her will, the Laird of Lochlevin who was then her Keeper, refused to subscrive it as witness, and did obtain a Testificat under her Majesties own hand, declaring that he refused to be present at the said resignation. Neither can that renuciation be sustained by any reason, considering that no portion of Revenue was reserved for her to live upon, neither was her liberty granted, or any security given her of her life. All which weighed in the balance of reason, will to men of indifferent judgement make manifest that the alleged dimission so unlawfully procured, can never prejudge her Majesty in her Royal estate: especially considering that at her first escape out of prison she did revoke the same, and in the presence of a great part of the Nobility at Hamilton, by a solemn oath declared, that what she had done was by compulsion, and upon just cause of her life. For the Coronation of her Highness' son, they said, that the same was most unorderly done, because there being in the Realm above an hundred Earls, Bishops and Lords having voice in Parliament, (of whom the greatest part at least ought to have consented thereto, it being an Action of such consequence) four Earls and six Lords (the same that were present at her apprehension) with one Bishop, and two or three Abbots and Priors, were only assisting; and of the same number, some did put in a protestation, that nothing then done should prejudge the Queen or her successor, by reason she was at that time a captive. Nor can any man think that if the dimission had been willingly made her Highness, she would ever have nominated the Earl of Murray Regent, there being many others more lawful, and that have better right thereto then he; of whom some have been governor's of the Realm in former times, and during her Majesty's minority had worthily exerced that place. It is to as little purpose that they object of the Parliament, and the ratification made therein; Seeing the principals of the Nobility disassented, and put in their protestations both to the Lords of the Articles, and in the open Parliament against their proceedings, affirming that they would never agree to any thing that might hurt the Queen's Majesty's person, her Crown and Royal estate further than her Highness' self being at liberty would freely approve. Lastly, where they would have it seen that the authority established by them was universally obeyed in the Realm, and all things well and justly administered; both these are alike untrue: for a great part of the Nobility have never acknowledged another authority then that of the Queen, keeping and holding their Courts in her Majesty's name. And for the administration of affairs, it is apparent that wickedness did never reign more, and with less controlment in the Realm, murder, bloodshed, with theft and robbery every where abounding; policy destroyed, Churches thrown down, honourable families ruinated, and true men bereft of their goods, for satisfying the soldiers hired by them, to maintain the Regent's usurped government, the like whereof hath not been seen, nor heard for many ages before. In regard whereof, they in behalf of the Queen of Scotland their Mistress did earnestly request the support and assistance of the Queen of England her cousin, for restoring her to her Crown, and suppressing the rebels that had attempted against her. The English commissioners having perused the writings of both sides, The Commissioners of England, desire the Regent to give better reasons. declared that as yet they were not satisfied with any thing the Regent had showed, requiring him to produce some better, and more sound reasons, for the severity they had used against their Sovereign, otherwise they could not but think she had been too hardly dealt with, and report so much to the Queen their Mistress. The Regent, (who disliked nothing more than to be drawn into the accusation of the Queen his sister) answered that he could not be more particular till he should be assured, that the Queen of England would undertake the protection of the young King, and relinquish the cause of his Mother. The Commissioners replying, that they had no warrant to promise any such thing, he besought them to try the Queen's mind, that her pleasure being known he might sooner resolve what to do. Letters hereupon was sent to the Queen, who willed the Regent to direct some one, or moe of his side to Court, for her better information. To this effect Secretary Lethington, and Mr. james Macgill Clerk of the Rolls were sent thither, with whom the Queen having conferred a little time, she gave order to recall her Commissioners, and advertise the Regent himself to come unto her. At his coming the Queen laid to his charge the proceeding against his sister the Queen of Scots, saying, that she did not see, how he and the rest of his faction could well be excused, and that unless matters were better cleared on their parts, she could not deny the help and assistance that was required at her hands. The Regent according to the condition proposed at York, answered, That if she would take upon her the defence of the King, they should be more particular in their reasons for rejecting the Queen's authority, and clear every thing they should speak sufficiently; otherwise to accuse his sister, and Queen, would be held odious in the judgement of all men. Whilst these things were a doing in England, 〈◊〉 disperied of the Regent's imprisonment. the Queen's faction at home sought all occasions to make trouble, abusing the popular sort with rumours they dispersed. Sometimes giving out that the Regent was made prisoner in the Tower. At other times that he had promised to subject the Kingdom of Scotland to the English, to deliver the young King to be brought up in England, and put all the forts and strong holds in the Realm in their hands. Nor was any man more busied in dispersing such lies, and using all means else for stirring up tumult, than Sir james Balfour, instigated thereto by advertisement from the Secretary, as was commonly thought. For by his advice it was that the Scottish Queen at the same time sent Commissions of Lieutenandrie to divers Noblemen for erecting again her authority, like as all the while he remained in England, he did ever keep intelligence with the Bishop of Rosse and others the Queen's agents, and was one of the chief plotters of the match intended betwixt her and the Duke of Norfolk, which came shortly after to be detected. The Regent, who was not ignorant of these secret workings, did find there was a necessity of his returning home, to prevent the commotions that were breeding before they grew into a greater ripeness: and fearing to offend the Queen of England, if he should depart without giving her satisfaction in the particulars she desired to be informed of, touching the Queen of Scots, resolved to do it, but with a protestation which he presented in writing to the Council at Westminster the 28. of November in this form. Albeit our whole proceedings from the beginning of our enterprise directed only for the punishment of the King murder, A Declaration presented in writing by the R●gent. and the purging of our Nation from the scandal of that abominable fact, may let the world see how unwilling we have been to touch the Queen our Sovereign Lords Mother in honour, or to publish unto stranger's matters tending to her infamy, yet shall it not be amiss upon the present occasion, to show briefly what hath been, and still is our meaning therein: Such and so great was our devotion toward her, as well for private affection, whereby every one of us was led to wish her well, as for public respects, that rather than we would blemish her honour with the foreknowledge of that detestable murder, we choosed to wink at the shrewd reports of the world, and let ourselves to be blasoned as rebels and traitors to our native Prince; which had been easy for us to have wiped away with the uttering of a few words, if the desire we had to save her reputation bade not made us content that the world should still live in doubt of the justice of our quarrel, and speak every one as their affections were inclined. So when we were urged by the Queen's Majesty of England, and the French Kings Ambassadors to give a reason why we detained our Queen at Lochleven, we gave no other answer, but that her affection was so excessively towards Bothwell the committer of that odious murder, that she being at liberty it would not be possible to punish him, and that it behoved us for a season to sequestrate her person, till he might be apprehended and punished. In what danger this dealing brought us, we have no need to show. From France we had nothing to expect but open Hostility, and by keeping up the chief causes of her rejection, we had reason to fear, that the Queen of England should call our proceeding in doubt, and so leave us destitute of her Majesty's aid, at whose hands we look principally to receive comfort in time of danger. This course nottheless we should still have kept, if the importunity of our adversaries had not forced us to take another way: For remembering what a person she is whom we are brought to accuse, the Mother of our King and sovereign Lord, a Lady to whom in particular the greatest part of us are so far obliged for benefits received, that if with the perpetual exile of any one, or of a number of us, forth of our Native Country, we could redeem her honour without the danger of the King and whole Estate, we would willingly banish ourselves to that end. And therefore ere we dip further in the matter which to this bower we have shunned, we solemnly protest, that it is not any delight we take in accusing her, but a necessity that is laid upon us to purge ourselves, that draws us unto it. For if our adversaries would rested content with our former answer, which they know to be true, no further would we needed. But against our hearts in defence of our just cause they compelled us to utter the things, which we wish were buried in perpetual oblivion. So if our doing seem hateful to any, let these bear the blame, who force us to answer, which they know we may, and in the end must give. One thing only we desire, that they who have brought us to this necessity may be present and hear what is said, that if we speak any untruth, they may refute the same, for even in point of greatest moment we will use their own testimony. This being communicated with the Agents of the Scottish Queen they answered, That they did not force them to any accusations, and if they did utter untruths, or calumniate the Queen in any sort, The answer of the Commissioners for the Queen of Scots. they would not patiently hear it. That all their desires were to have their Queen restored to her Kingdom from which by force of arms she was expulsed, or if it should please the Queen of England to hear any more of that matter, they requested that the Queen of Scots might be sent for, and permitted to speak for herself. Mean while by a new Patent there were joined to the other Commissioners, Bacon keeper of the great Seal, the Earls of Arundel and Leicester, with the Lord Admiral and Sir William Cecil, and a time assigned to the Regent for producing the reasons for the Queens rejecting. When the day was come, he presented the confessions of some that were executed for the King's murder; the Statutes of Parliament ratifying her resignation of the Crown, and her son's Coronation subscribed by divers of her own party; certain amatory verses, and epistles written to Bothwell (as they said) with her own hand; three several contracts of marriage betwixt her and Bothwell, with a number of presumptuous likelihoods and conjectures, to make it appear that she was privy to the murder Bothwell had committed. The Queen of England having seen and perused all these stood doubtful what to do, The Queen of England doubteth how to carry herself in the business. for albeit she was content to have some blot rubbed upon the Queen of Stots, as many supposed; yet the pity of her misfortune made her sometimes to think of composing matters betwixt her and her subjects. The terms besides wherein she stood with the French King, who was daily by his Ambassadors soliciting the Queen of Scots liberty, made her uncertain what course to take; for if she should simply deny his request, it would be esteemed a breach of friendship, and to yield to his desire she thought it scarce safe for her own estate. Therefore keeping a middle course she resolved to suspend her Declaration unto another time, and willed the Regent seeing he could make no longer stay, to leave some of his company to answer the criminations, which possibly his adversaries would charge him with after he was gone. But he replying said, That he was not so desirous to return home, but he would willingly stay to hear what they could allege against him. Nor was he ignorant of the rumours they had dispresed, and what they had spoken to some of the Council and to the French Ambassador, which were more convenient to be told, whilst he was himself in place and might make answer, then to belly and calumniate him in his absence: wherefore he did humbly entreat her to cause them utter the things plainly that they muttered in secret. Hereupon were the Queen of Scots Commissioners called, and it being inquired, Whether they had any thing to object against the Regent, which might argue his guiltiness of the King's murder; they answered, That when the Queen their Mistress should bid them accuse, The Queen's Commissioners purge the Regent of the King's murder. they would do it, but for the present they had nothing to say. The Regent replied, That if the Queen or any other would accuse him, he should ever be ready to give an account of his actions, and neither decline place nor time, but in the mean while till she should intend her accusation, it was reason they should declare if they themselves had any thing to lay unto his charge. After divers subterfuges, in end they professed that they knew nothing which might make him or any of his associates suspected of the murder. The Regent now at the point to depart, The Duke of Chattellerault claimeth the Regency. a new let was made by the Duke of Chattellerault, who coming from France by England, drew himself into a contestation for the government, pleading that the same did belong to him, as being the nearest of blood and lawful heir of the Crown next after the Queen of Scots and her succession. This he said, was the Law and practice of all Nations, and a custom perpetually observed in Scotland, for proof whereof he alleged the Regency of Robert Ste●art uncle to King james the first, with that of his son Duke Murdack after the father's death; the government of john Duke of Albany in the minority of King james the fifth, and his own Regency in the nonage of the present Queen. Contrary to which custom, a few Rebels (as he complained) had most injuriously to his disgrace, and (which was most unsufferable) to the contempt of the lawful blood, preferred one base born, unto the supreme dignity; which honour if it should be restored to him, the Civil troubles he said would cease, and the Queen without any tumult be ressored to her content: Whereupon he requested the Queen of England's favour, and that by her authority the Earl of Murray might be caused cease from his usurped Government. To this in behalf of the Regent it was replied, A reply to the Duke's petition. That the Duke's Petition was most injust, and contrary to the custom, and Laws of the Country, which provided that at such times as the Crown should fall in the hands of Minors, one or more of the most sage and powerful in the Estates should be elected for the administration of affairs unto the King's ripe age. This course, they said, the Scots had constantly kept the last six hundreth years, and thereby secured the Kingdom, and transmitted the same free and safe to their posterity; As for instance, after the death of King Robert Bruce, Thomas Randolph Earl of Murray was elected Governor; upon his death, Duncan Earl of Marre: after him Andrew Murray, and then Robert Stewart; who were all chosen Regent's one after another. In the minority of King james the second, Sir Alexander Levingston was elected, a man neither of blood of the King, nor a Nobleman of degree, but for his worth, and wisdom preferred. In like sort King james the Third, had four Tutors appointed to him by the Estates, none of them for any respect of propinquity. And for the examples adduced of Duke Murdack, and john Duke of Albany, they made nothing to the purpose. The last of the two in the minority of King james the fifth, being called to the government by the Nobility, and confirmed therein by the Estates. And to show that in his election no respect was had to nearness of blood, his elder brother Alexander was then alive, who would not have been passed, if propinquity or kindred had carried the sway. How Duke Murdack and his father before him came to govern, it was well known: King Robert the third waxing infirm and unable to rule by himself, did substitute his brother (called Robert likewise) his Lieutenant in the Kingdom, commending his tow sons David and james to his care. But the kindness he showed to them was, that the elder of the two was starved to death in the Palace of Falkland, and the younger forced fly for his life, he being detained prisoner in England: After the father's death, the uncle usurped still the place wherewith he was possessed, and at his dying left the same to Murdack his son. As to that he speaks of his own Regiment, they said, he had done more wisely not to have mentioned it, considering his preferment proceeded rather of hatred born to the Cardinal, who had supposed a false testament, then of any favour carried to himself: And that being possessed in the place, he sold both it and the young Queen to the French, which had bred a great deal of trouble. And granting the custom had been such as he pratends, will any man in reason judge it safe to commit the tuition of an innocent child to him, whose family hath entertained so long enmity with that of which the King is descended, and will ever be waiting and wishing the death of his Pupil? none will think it. This was the substance of the reply which when the Queen of England heard, she directed certain of the Council to show the Duke that he was not to look for any help from her in that business, and to prohibit his journey into Scotland, till the Regent was parted and gone home. About the same time there were letters of the Queen of Scots intercepted, The Queen of Scots letters intercepted. sent to the Noblemen of her party in Scotland, wherein she complained, That the Queen of England had not kept promise unto her, yet desired them to be of good heart, because she was assured of aid by some other means, and hoped to be with them in a short time. These letters sent from Scotland to the Regent, he delivered to the Queen of England, who from thenceforth was much estranged from the Queen of Scots, as well for that she charged her with breach of promise, as because it appeared she leaned to some others besides herself. The Regent presently after took his journey homewards, The Regent returneth to Scotland. and being attended by the Sheriffs and Gentlemen of the Country at the Queen of England's direction, came safely to Berwick the first of February, and the day following to Edinburgh, within a few days he went to Striveling, and in a convention of the Estates, having related the proceedings in England, had all ratified and approved. The twentieth of the same month, the Duke of Chattellerault returned, The Duke made Deputy by the Queen of Scots. and being made deputy by the Queen of Scots, caused publish his letters, prohibitting the subjects to acknowledge any other Sovereign than the Queen, Hereupon the Regent gave forth Proclamations, charging the liege's in the King's name to meet him in Arms at Glasgow the tenth of March, The Duke in the mean time sent to the Assembly of the Church convened at that time in Edinburgh, a prolix letter, He writeth to the Assembly of the Church. wherein he signified, That being in France, and hearing what troubles were moved at home, the love he carried to his native country made him return with intent to pacify these stirs at his utmost power; And howbeit in his absence he had suffered wrong, yet he assured them that his own particular did not grieve him so much, as the danger wherein the Kingdom was brought, by the diversity that had happened betwixt the Queen their native Sovereign, and a part of her subjects, which he wished to be removed in some quiet and peaceable manner: and that the Estates convening might (after they had considered the ground and beginning of these troubles, which he conceived to be the murder of the Queen's late husband) with one consent agree upon soem reasonable course to be followed for redress thereof, and of the evils which thence had proceeded, whereunto he and all the Nobility continuing in the obedience of the Queen their Sovereign, should be found pliable; which he did not write, as he said, because of the Proclamations made by the Earl of Murray to convene people in Glasgow the tenth of March: for since these troubles began he was not in the country, and if all Scotland were gathered, he would trust for his own and his predecessors good deserving to find such favour, as if the Earl of Murray would invade him and his friends, he should not be assisted by any of them to do him wrong. Therefore desired them in God's behalf (so the letter beareth) to make his mind and intention known to the people, or if they did not think his desires and offers reasonable, that they would come and reason with himself, whom they should find easy to be ruled in all matters according to God's word and equity. To this letter dated at Hamilton the 27. The Assemblies answer. of February, 1568. the Assembly answered, That they would communicate the Letter with the Regent, and know his pleasure, Commissioners from the Churches the Regent. whether or not they should send any of their number to the Duke in Commission to treat with his Grace. Which accordingly they did, appointing the Superintendents of Lothian and Fise, with Mr. john Row, to go unto the Regent, and having obtained his licence to pass to the Duke and Noblemen that were in his company, and use all means possible for reconciling them to the obedience of the King and his Regent. They had also certain Petitions given them to be presented to the Regent in name of the Church, Petitions in behalf of the Church. as to desire, That benesiced persons not bearing function in the Church, and subject only in payment of thirds, should be compelled to contribute for sustentation of the poor. That remedy might be provided against the chopping and changing of Benefices, diminution of rentals, and setting of Tithes in long leases to the defrauding of Ministers and their successors, that they who possessed plurality of Benesices, might be caused dimit all saving one. That the jurisdiction of the Church might be separated from the Civil, and that they might without his Grace's offence and the Counsels, use their censures against the Earl of Huntley for deposing the Collectors of the Church, and placing others in their rooms, by his own authority. Such a respect was carried in that time to Civil power, as the Church could not proceed in censures against men in prime places without their knowledge; the neglect whereof in after times brought with it great troubles both to the Church and State. I find in the same Assembly, the University of S. Andrews ordained to meet, and form such orders as they should think fit, Orders for giving degrees in Divinity. for giving degrees in divinity: whereby it appeareth, that our first reformers were not enemies to degrees, either in Schools or in Church. But to return to the State; The Regent and Duke agreed. by the travels of the Superintendents matters for that time were transacted betwixt the Regent and the Duke in this manner. That the Duke should come to Glasgow, An. 1569. and submit himself to the King's authority. That he and his friends should be restored to their honours and possessions. That he should give surety for his and their continuing in the King's obedience, and that the rest who were joined with him in that cause, should be all accepted upon the same conditions. This transaction not contenting the Earls of Argile and Huntley, they refused to be comprised under it, either thinking to obtain better, or more easy conditions of the Regent, or animated by the Queen of Scots letters, who had then conceived some hopes of liberty. The Duke hearing that they would not accept the conditions, He forthinketh his yielding. did forthink what he had done, and at the day appointed for giving in his surety, though he came himself to Edinburgh, made divers shifts, desiring that all matters might be continued to the tenth of May, when the two Earls were expected, and the Queen's mind would be better known. It was told him, That the Earls were treating severally for themselves, so as he needed not to wait on their coming. And for the Queen's approbation, being asked, if she would deny it, what in that case he would do? more ingenuously then profitably for himself, The Duke and Lord Hereis committed to the Castle of Edinburgh. he answered, that he was drawn against his will to make the promise he had made, and that if he were freed of it, he would never consent to the like. Thereupon was he and the Lord Hereis (who accompanied him, and was thought had diverted him from his former resolution) committed in the Castle of Edinburgh. The Earls of Argile and Huntley, A treaty with Argile and Huntley. who were at the same time making their own appointment, had a day assigned them at S. Andrews, whither Argile came first, and with him the difficulty was not great, because in the last tumults he had carried himself more moderately than others; wherefore of him no more was craved but that he should swear obedience to the King and Authority in time coming, as he did. The business with Huntley was greater, for he during the Regent's absence had usurped the Royal power, placing Lieutenants in the countries of Angus, Mernis, & Strathern, & committed great spoils upon the subjects in those parts. Therefore when as divers of the Council did advise to put all things passed in oblivion, it was by others opposed, That the example of such impunity would prove hurtful: for when they that had continued in the King's obedience, and sustained loss in their goods, should perceive the Rebels after a manner rewarded, and no regard taken of their losses, they would undoubtedly grudge; and if troubles should afterwards arise, be more slack to do service; yea granting there were no such inconvenience to be feared, yet neither the Regent, nor yet the King himself, could by law remit the robbing of another man's goods, unless restitution was made of that which was spoiled. And whereas some did object his greatness, and that his lying out, might cause great unquietness; It was an idle fear; for was not his Father a man of greater wealth and wisdom easily brought under foot, when he set himself against the Authority? And shall he who hath not as yet repaired the calamities of his house, be able to withstand the forces of a whole Kingdom? It is more foolish, they say, that he will seek to some for ain Prince, and so endanger the country; for 〈◊〉 shall be find? Princes are not wont to make account of stranger, further than may serve to their own commodity. To accept him in favour, they said, was sufficient, albeit he gave satisfaction to the subjects whom he had wronged. This opinion prevailing, it was concluded, that after trial of the complaints, he should satisfy those that he had wronged, at sight of the Council. But than arose another question, Huntky remitted upon some conditions. Whether all that had assisted him in these last troubles, should be comprised in his remission; and power given him to compone with them, for satisfying such as complained; or that they should be severally called, and every man fined as be should be tried to have offended? They who thought the Earl too rigorously used in the point of satisfaction, held that to be the smallest favour which could be done to him, to remit his followers to himself. But to the contrary it was answered, That in civil wars nothing was so much to be looked unto, as the weakening and dissolving of factions, which is the most easily wrought, when the Prince reserves to himself the power of pardon and punishment. It was further said, that a several examination was necessary, because all had not offended alike, and that no man was so unfit to take that trial, as the Earl himself, because in all probablity they should have most favour at his hand, who had been most forward in his service, and so the least guilty should bear the heaviest punishment. Upon these considerations it was thought meet to convene his followers severally, remitting his domestics only to be used by him at his pleasure. And thus was he received into grace; which done, the Regent made an expedition into the North, The Regent's expedition into the North. where having kept Justice Courts at Aberden, Elgin, and Innerness, he settled all those parts in peace, and for observing the same, The Lord Boyd briageth letter's from both Queens to the Regent. took pledges of Huntley, and the principal claim of the country. In his return the Lord Boyd, who was lately come from England, did meet him at Elgin, with letters from both the Queens, and some others written by his private friends in the English Court; The Queen of England in her letters made offer of three conditions in behalf of the Queen of Scots, requiring one of the three to be accepted. These were, That she should either be absolutely restored to her Royal dignity; or be associated in the government with her son, and in all letters and public acts honoured with the title of a Queen, the administration of affairs continuing in the Regent's hands, till the King should be 17. years of age; or if none of these could be granted, that she might be permitted to return unto her country, and live a private life, having honourable means appointed for her entertainment. The Queen of Scots desired, that judges should be appointed for cognoscing the lawfulness of her marriage with Bothwel, and if the same was found contracted against the laws, it might be declared null, and she made free to marry where she pleased. A letter from Sir Nicholas Throgmorion to the Regent. From private friends, especially by a letter of Sir Nicholas Throgmorton, the Regent was advertised, that the marriage of the Duke of Norfolk with the Queen of Scots was concluded, and that they did wait only the opportunity of performance. Wherefore he wished him to concur with his best friends in that matter, and to do it with such expedition and good affection, as it might not appear either to the Queen his sister, or others who had interest in the business, that his consent was extorted, and not willingly given. To this effect he advised him to send the Laird of Lethington to England with speed, as the wisest and most sufficient man he could choose, who would provide for him & the rest that had assisted him, substantially and assuredly. His conscience, he said, & some over precise objections might perhaps trouble him, but if he could have espied any other thing than his overthrow in resisting, he would not have written so peremptorily unto him. Then concluded with these words, No man's friendship will be more embraced than yours, no man's estimation be greater if you shall conform yourself, & concurwith your friends in this● chose, if you withstand, or become an adverse party, you will be so encumbered both from hence, from thence, & all other places, as no man can advise you what to do. Therefore God send you to direct your course for the best. This letter was accompanied with another from Sir Nicholas to Lethington, A letter from, Sir Nicholas to Lethington. wherein he showed, that according to his advice he had written to the Regent with a great zeal, and care of his well doing (these were the words he used) and requested he should hasten his coming to Court for that business, the same being as yet concealed from the Queen, till he as the fittest Minister might propone the same in behalf of the Regent, and Nobility of Scotland; whereunto he held it assured the Queen would assent, as preferring her own surety, the tranquillity of her Kingdom, and conservation of her people, before any device, that might proceed from the inconsiderate passions of whomsoever. And that he might be the more encouraged, he did inform him particularly of the Duke of Norfolk's consent, and the approbation of the Earls of Arundel, Pembroke, Leicester, Bedford, Shrewsbury, and the rest of the wisest, noblest, ablest and mightiest of that Realm. And it was truth that he wrote of their consenting, howbeit with a condition, so that the Queen of England was not against it: yea, beside these divers well affected both to Religion and State, did wish the purpose a good success; for perceiving no inclination in the Queen of England herself to take a husband, they feared the Queen of Scots, who was her undoubted heir, by matching with some foreign Prince, might endanger both Religion and State; and therefore desired the marriage with the Duke might take effect, he being a Nobleman of England, beloved of the people, and educated in the Protestant Religion: for by this match, as they made account, if it should happen the young King to die, the two Kingdoms might be united in a Prince of the English Nation; or if he lived unto a ripe age, he might be married with the Duke's youngest daughter, who was near of the same age, and that way the two Crowns be made one. But these devices proved idle and vain, as we shall hear. The Regent for answering these letters, did appoint a meeting of the Estates at Perth in july thereafter. At which time an Assembly of the Church was also kept in Edinburgh, A Convention of Estates at Perth. and from it Commissioners directed to the Convention, to renew the Petitions made the year preceding, that as yet had received no answer. And further, to desire, that a portion of the tithes might be allotted for sustentation of the poor; the labourers of the ground permitted to gather the tithes of their proper corns, paying for the same a reasonable duty; and that the thirds of Benefices being really separated from the two other parts, the Collectors of the Church might peaceably intromet therewith, for the more ready payment of Ministers according to their assignations. But these Petitions, in regard of the more weighty business, were deferred to another time. And the Convention falling to consider the letters sent from England, Their judgement of the Letters sent, from the two Queens. did hardly accord upon an answer, Beginning with that of the Queen of England, they judged the first condition so derogatory to the King's authority, as they did simply reject it. The second of Association, was held dangerous, and third only thought reasonable and meet to be accepted. But when they came to speak of the Queen of Scots desires, the contention was great; they that stood for the King's authority, taking exception first, of her imperious form of writing, and that she did command them, as though she were their absolute Queen; then at the desire itself they excepted, not holding it safe to condescend unto the same before the Queen of England should be acquainted therewith: for they conceived some other thing to be lurking under that purpose of divorce than was openly pretended. Such as affected the Queen, and were privy to the marriage intended with Northfolk, excusing the form of writing, and laying the blame upon her Secretaries, made offer to procure new letters in what terms they pleased, so as judges were named to proceed in the divorce; and when they saw this not to be regarded, in a chase mood they said, That it was strange to think, how that they not many months passed seemed to desire nothing more than the Queen's separation from Bothwell, should now when it was offered decline the same. It was answered again in heat, That if the Queen was so earnest in the Divorce, she might write to the King of Denmark, and desire him to do justice upon Bothwell, for the murder of the King her husband. That done, the divorce would not be needful, and she freed to marry where and when she pleased. The Convent● on breaking up and neither the Queen's faction obtaining what they desired, A message sent into England nor Lethington the employment which he affected, new suspicions began to rise on all sides, and as in the most secret practices, somewhat always is bursting forth, a rumour went ri●e amongst the common sort, that some great enterprise was in hand, which would bring with it a wonderful change in both Kingdoms. Mr. john Wood one of the Regent's domestics being sent with the answer of the convention, did signify to the Queen of England the business made about the divorce and what was done concerning it; but she not seeming to regard the matter, professed that she was not satisfied with the answer of the convention, and desired they should think better of the conditions proposed. The truth was that she held not the Gentleman of sufficient quality to deal in such business; for otherwise she was not ignorant of the cause, wherefore the divorce was sought, and had warned Northfolk to take heed on what pillow he laid his head; yea, she took so ill the Queen of Scots carriage in that matter; as shortly after she caused her to be removed to Coventry more within the Country, and gave her in custody to George Talbot Earl of Shrewsbury and Edward Hastings Earl of Huntingdon. The Regent upon his servants return convened the Nobility again at Striveling, The Abbot of Dunsermling sent into England where in effect the same answer that of before, was given to the Propositions made by the Queen of England; and here with Robert Pitcarne Abbot of Dunfermline, a man of good sufficiency was directed, who was willed to say, for the point of assotiation, That the same could not be granted, as tending to the utter overthrow of the King's authority, and the endangering of his person. For besides that the participation of a Crown was obnoxious to many perils, there could be no equality of Government betwixt an infant King, and a woman of mature age, who would find a thousand ways being once possessed with a part of the rule, to draw the whole unto herself. And if it should fall that she matched with some foreign Prince, or other great Personage who must needs be partner with her in the Government, the danger would be so much the greater. These and the like reasons he was willed to use for the Queen of England's satisfaction. But before his coming to Court, the face of things was quite changed. The Duke of Northfolk committed to the Tower, and the Bishop of Ross put in the keeping of the Bishop of London. After which broke shortly forth that rebellion in the North part of England, whereof Thomas Piercie Earl of Northumberland, and Charles Nevil Earl of Westmoreland were the heads. A rebellion, that in the beginning caused great stir, and put the Queen of England in such fears, as once she resolved to send the Queen of Scots by Sea to the Regent, but the sudden dispersing of the rebels, altered that resolution. The two Earls fleeing into Scotland, The Earl of Northumberland imprisoned in Lochlevin. Northumberland was not long after put out by some borderers to the Regent, and sent to be kept in Lochlevin; Westmoreland found the means to escape into Flanders, where he lived long in a poor and contemptible estate. Lethington perceiving all his devices frustrated, Lethington charged with the King's murder. and being conscious to himself of diversill practices remained for the most part with the Earl of Athol at Perth, who being sent for to come to the Regent, made divers excuses, and when he could not shift his coming any longer, entreated Athol to accompany him, that if need was he might use his intercession. Being at Striveling in Council, Captain Thomas Crawfourd, servant to the Earl of Lenox, did openly charge him with the King's murder: whereupon he was committed in a chamber within the Castle of Striveling, ●nd at the same time were certain directed to apprehend Sr. james Balfour, who was guilty of the same crime; but he made an escape. Lethington was sent prisoner to Edinburgh (where he was to have his trial) under the charge of Alexander Home of North Berwick, a trusty Gentleman. Having stayed some days in lodging not far from the Castle, The Laird of Grange counter●●en the Regent's hand, and taketh Lethington to the Castle. the Laird of Grange counterfeiting the Regent's hand, came about ten of the clock at night, and presented a warrant for receiving the prisoner in his keeping: the Gentleman taking no suspicion, obeyed, for he knew no man to be more inward with the Regent then was Grange. And he indeed unto that time did carry the reputation of an honest man; nor was any one thought more sure and fast than he was. But from thenceforth he became hated of all good men and was in no esteem, as having abused his credit, and deceived the Regent, to whom he was many ways obliged. For besides other benefits, he had preferred him before all his own friends, to be keeper of the Castle of Edinburgh. The next day being sent for to come to the Regent, he refused. Nottheless, the next day following (so careful the Regent was to reclaim the man) he went himself to the Castle, and conferred a good space with him, accepting the excuse he made, and contenting himself with a promise to exhibit Lethington, when he should be called to his trial. After which keeping his journey to the borders, The Regent makes an expedition to the borders. which he had intended he went by the Mers, and as he was accustomed taken up his lodging in the Castle of Home. But there he was coldly received, the Lord of the place having changed his party, and taken himself to the contrary faction. From thence he went to Teviotdale, and though he was advised by his friends, because of his small company, to return, and defer his journey to another time, he would needs go on, and had great obedience showed in all the parts to whom he came. All the time of this expedition he had warning given him daily of some practices against his life, He is informed of practices against his life wherein Grange was ever named as one of the principals. But he not trusting these informations, sent the copies of all his advertisements to Grange, whose purgations were so slender, as he was ever after that time held suspected. Soon after the Regent's return from the borders, the Abbot of Dunfermline came home from England, showing that the Queen had taken in good part the answer of the Council, and was specially pleased with the taking of Northumberland, which she promised to remember with all kindness. And now the Diet approaching of Lethingtons' trial, because of the numbers that were preparing to keep the day, the Regent disliking such convocations, and for that he would not have Justice outbragged, did prorogate the same for four months. Lethingtons' trial deferred. The adverse faction finding his authority daily to increase, and despairing of any success in their attempts, james Hamilton of Bothwell-haugh, taketh in hand the Regent's murder. so long as he lived, resolved by some violent means to cut him off; and to bring the matter to pass, one james Hamilton of Bothwell-haugh did offer his service: This man had been imprisoned some time, and being in danger of his life, redeemed the same by making over a parcel of land in Lothian called Woodhously that came to him by his wife, to Sir james Ballenden Justice Clerk: How soon he was let at liberty, he sought to be repossessed to his own, and not seeing a way to recover it (for the Justice Clerk would not part therewith) he made his quarrel to the Regent, who was most innocent, and had restored him both to life and liberty. The great promises made him by the faction, with his private discontent, did so confirm his mind, as he ceased not till he put to execution the mischief he had conceived against him; and having failed the occasion which he attended at Glasgow and Striveling, he followed the Regent to Linlithgo, where lurking privately in the Archbishop of St. Andrews his lodging, the next day, as the Regent did pass that way, he killed him with the shot of a bullet, that entering a little beneath the navel, and piercing the bowels, did strike dead the horse of a Gentleman who was riding on his other side. The Regent killed by the shot of a bulbullet. The Regent had warning given him the same morning, that one did lie in wait for his life, and had the house designed where the man did lurk, but giving small ear unto it, answered, that his life was in the hands of God, which he was ready to yield at his good pleasure. Only he resolved to pass out of the Town by the same gate at which he entered, and to turn on the back of the Town, unto the way that led to Edinburgh, whither he was purposed. But when he had taken horse, either that he would not seem fearful, or then hindered by the throng of horsemen that attended, and thinking to ride quickly by the house that was suspected, he changed his resolution: but the throng there working him the like impediment, the murderer had the occasion to execute his treachery. How soon the Regent perceived himself stricken, he lighted from his horse, and returned on foot to his lodging: The Chirurgeon at the first inspection of his wound did affirm it not to be deadly, yet after a few hours his pain increasing he began to think on death. They who stood by, saying, that he had lost himself by his clemency, having spared that miscreant whose life he might justly have taken: he answered, that they should never make him forthink any good he had done in his life. Thereafter giving order for his private affairs, he seriously commended the care of the young King to such of the Nobility as were present, and died a little before midnight. This fell out the 23. of january, 1569. being Saturday. The murderer escaping by the Postern-gate of the garden came the same night to the town of Hamilton, The murderer escapeth. where at first he was welcomed with many gratulations, and made much of; yet shortly after to decline the envy of the fact which they heard was universally detested, they gave him a little money and sent him away unto France. Thuanus writeth in his story, that not long after he came thither, Thuanus. 46. he was solicited to undertake the like enterprise against Gasper Colignie that worthy Admiral of France, and that he did answer, that he had no warrant from Scotland to commit murders in France; and howbeit he had taken revenge of the wrong done to himself, he was not either for price or prayer, to undertake other men's quarrels: Whether this was so or not, I leave it upon the credit of the Writer. The death of the Regent was by all good men greatly lamented, The death of the Regent greatly lamented. especially by the Commons, who loved him as their father whilst he lived, and now mourned grievously at his death. The great things he had wrought in his life, (having in the space of one year and a little more, quieted the State, which he found broken, and disordered) made his very enemies speak of him after his death with praise and commendation. Above all his virtues, which were not a few, he shined in Piety towards God, ordering himself and his Family in such sort, as it did more resemble a Church, than a Court. For therein besides the exercise of devotion, which he never omitted, there was no wickedness to be seen, nay, not an unseemly or wanton word to be heard. A man truly good and worthy to be ranked amongst the best Governors that this Kingdom hath enjoyed, and therefore to this day honoured with the Title of The good Regent. There fell out the next day after his death a thing which I thought was not to be passed; A prediction of john Knox. He was killed on the Saturday, and died (as I have said) a little before midnight. The word of his death coming to Edinburgh, Thomas Maitland a younger brother of Lethinton (this is he whom Buchannan makes his Collocutor in the Dialogue De jure Regni) knowing what esteem john Knox made of the Regent, and loving none of the two, caused a writing to be laid in the Pulpit where john Knox was that day to preach to this sense, and almost in the same words. Take up the man whom you accounted another God, and consider the end whereto his ambition hath brought him. john Knox finding the paper, and taking it to be a memorial for recommending some sick persons in his Prayers, after he had read the same, laid it by, nothing as it seemed commoved therewith, yet in the end of the Sermon, falling to regrate the loss that the Church and Commonwealth had received by the death of the Regent, and showing how God did often for the sins of the people take away good Rulers and Governors; I perceive, said he, albeit this be an accident, we should all take to heart; There be some that rejoice in this wicked fact, making it the subject of their mirth, amongst whom there is one, that hath caused a writing to be cast in this place, insulting upon that which is all good men's sorrow. This wicked man whosoever he be, shall not go unpunished, and shall die where none shall be to lament him. The Gentleman was himself present at Sermon, and being come to the lodging, asked his sister who was also there, if she did not think john Knox was raving to speak so of the man he knew not? But she weeping, said, that she was sorry he had not followed her counsel, for she had dissuaded him from that doing. None of this man's denunciations, said she, are wont to prove idle, but have their own effect. Shortly after, the troubles of the Country increasing, the Gentleman betook himself to travel, and passing into Italy, died there, having no known person to attend him. This I thought not unworthy of record being informed thereof by the Gentleman's sister to whom these speeches were uttered, and who was privy to the whole purpose, for an advertisement to all persons, not to make a light account of the threatenings of God's servants: The Gentleman was otherwise a youth of great hopes, learned and courteous, but miscarried with affection, and not to be excused in this that he took pleasure in the fall of him, whom he judged an enemy; a thing inhuman and abhorred of the very heathen. The word of the Regent's death carried in haste to England, the Queen sent Thomas Randolph, An Ambassador sent from England. Master of her Posts, Ambassador into Scotland, partly to confer with the Council, upon the surest means to keep affairs in the state they were, and partly to complain of the incursion lately made in England. For the very night after the Regent's murder, Walter Scot of Baclugh, and Thomas K●r of Pharnherst, had invaded the country bordering upon them, and practised greater hostility than was accustomed; of purpose to embroil the two Kingdoms in a public war, which they of the Scottish Queen's faction most earnestly desired. The Ambassador was no sooner come, The Ambassador's speech in Council. but he had hearing given him by the Council, to whom after he had spoken a few words concerning her Majesty's good affection to the Realm in general, and in her name commending to their care the preservation of Religion, the safety of the young King, and the punishment of the late murder; he did much aggravate the insolence of the borderers, and the spoil they had made in England, saying, That his Mistress knew sufficiently that these things were not done by public allowance, and therefore meant not to make quarrel to the country, but take herself to the actors, whom if they by themselves could not suppress, her Majesty would either join her power to theirs, or if they thought meet, send an Army into Scotland, which without doing harm to any good subject, should only punish the committers of that insolence. The Council returning many thanks to the Queen for her kind Ambassage, excused themselves by the present troubles, An. 1570. that no determinate answer could as then be given to his propositions, and therefore besought him to have patience unto the first of May, at which time the Estates of the Realm were to meet, by whom her Majesty should receive all satisfaction. The Estates convening at the day, William Douglas of Lochlevin, The Laird of Lochlevin urgeth a revenge of the Regent's murder. brother uterine to the late Regent, preferred a Petition to the Council for some course to be taken in the revenge of his brother's murder, considering he was taken away in the defence of the common cause of the Realm, and not upon any private quarrel. The Petition was held reasonable by all that were present, every one consenting to the pursuit, and punishment of the murderer, and his complices. But in the manner they agreed not, some advising that not the murderer only, but all who were suspected to have had a hand in the treachery, should be called to underlie the ordinary trial of law, at a certain day. Others esteeming such a form of process unnecessary with them, who had already taken Arms to maintain the fact, and that the best course were, to pursue with all hostility, both these that were delated of the recent crime, and such as had been forfeited in the Parliament preceding. Many inclined to the last course, yet because it was opposed by divers of special note, The delay ill taken of the people. there was nothing concluded in the business; which was generally ill taken of the people, who construed the delay to proceed of some private favour carried to the enemies, and to be done of purpose, that either with time the hatred of the murder might be lessened, or the adversaries might have leisure to make themselves more strong. The Assembly of the Church, in the mean while (which was then convened at Edinburgh) to declare in what detestation they had the murder committed, did ordain the murderer to be excommunicated in all the chief burgh's of the Realm, and whosoever afterwards happened to be convicted thereof, to be used in the same manner. In this Assembly, divers constitutions were made for discipline, and amongst others an Act for the public inauguration of Ministers, at their entry, whereunto the revolt of some Preachers gave occasion, that forsaking the Pulpit, took them to the pleading of causes before the Lords of Session. It was then also condescended, that forth of the thirds, five thousand marks should be yearly paid for the furnishing of the King's house, and the Church burdened with no further duty. Some few days after, The principals of the Queen's faction writ to the Earl of Morton. the principals of the Queen's faction being convened at Glasgow, the Earl of Argile, and Lord Boyd, did write to the Earl of Morton, and offer to join with the rest of the Nobility, in the trial and punishment of the Regent's murder, so as the meeting were appointed at Striveling, Falkirk, or Linlithgow, for to Edinburgh they would not come. This letter (as he was desired) he communicated with the Secretary, who was after the Regent's death come forth of the Castle, and by the Earl of Athol brought again unto the Council, having first purged himself of the accusation laid against him, and promised to submit himself unto the most severe trial that could be taken; Lethington offereth himself to a trial. his advice to the Earl Morton was, that the Noblemen should all be brought to Edinburgh, which for those of the Queen's party, he undertook to do, and to that effect he sent letters unto the principals of that faction, showing that they had no cause to fear, being in forces superior to the others, and having the Lord of Grange on their side, (for he had then plainly declared himself for the Queen) who was both Provost of the Town, and commanded the Castle. A meeting at Edinburgh of the Noblemen of both parties in March. Thus about the midst of March the Earls of Huntley, Athol, and Crawford, with the Lords Ogilvy, Home and Sea●on did meet at Edinburgh. The Earl of Argile, the hamilton's, and the Lord Boyde, came as far as unto Linlithgow, but by occasioned of a tumult raised amongst some soldiers, they were forced to disperse their companies, and return home to their dwellings. Within a few days the Earls of Marre and Glencarne came likewise to Edinburgh, after whose coming, the Lords of both factions meeting to confer, did think fit to continue all things till the Earl of Argile was advertised, whose authority was great in those times. And when it was known that he was gone back from Linlithgow▪ the Earl of Huntley followed to persuade his return; but he would not consent. They write the Secretary should have privily dissuaded him, as one who loved to keep all things lose; but I do not see what advantage he could expect that way, and think rather that as his estate then stood, he did earnestly desire to have matters accorded. The true cause of Argiles declining that conference seems to have been the averseness of his brother and others of his friendship, who refused to follow him in that quarrel, and carried a constant affection to the maintaining of the King's authority. When as the other Noblemen perceived that Argile would not come, They deliberate upon the choice of a Regent. they began to treat of the choice of a Regent, in place of him who was taken away. Here first they fell to question their own power and authority, which some maintained to be sufficient because of the Patent the Queen had given at first, for the administration of affairs in her son's minority; in which seven Noblemen were named, besides the late Regent, and that of this number, they might choose as they said any one. Others reasoned that no respect ought to be had to that Patent, the same being expired by the creation of the last Regent, for which only at the time it was granted. The more moderate gave their opinion, that all proceeding in that business should be delayed till the convention of the Estates in May next. This was likewise opposed by a number, that esteemed the protracting of time dangerous; and thought that it concerned the Noblemen who had first assisted the Coronation of the King, and continued firm in his obedience, to nominate a Regent, that would be careful of the young King his preservation, and of the quiet and tranquillity of the Realm. But this opinion, as tending to the fostering of discord, was rejected, So that meeting dissolved, without any certain conclusion. At the same time one Monsieur Verack Cubiculare to the French King landed at Dumbarton, An Ambassador from France. bringing letters to the Noblemen of the Queen's faction, full of thanks for the constant affection they had showed in maintaining the cause, and promises of present succours. This did so animate them, as in a frequent meeting kept the first of April at Linlithgow, A meeting at Linlithgow of the Noblemen that stood for the Queen. they began to discover the intention which before they had concealed, of making war upon England; for this, as they judged, would serve to oblierate the late Regent's murder. And to give the more authority to their proceedings, they took purpose to remove to Edinburgh, using all means to draw the Town to be of their party, which they thought would be easily obtained by reason of Grange his Commandment, and if they should once compass this, they put no doubt to draw the rest of the country their way in a short time. But first they resolved to advertise the Town of their coming, and to entreat their favour. The Magistrates answered, That their gates should be patent to all that professed themselves subjects to the King, but they would neither receive the English Rebels (meaning the Earl of Westmoreland, and Lord Dacres, who were in company with the Lords) nor the hamilton's, and others suspected of the Regent's murder, nor yet to permit any Proclamations to be made, derogatory to the King's authority. These conditions seemed to them hard, yet hoping by conversation to win the people to their side, they came forward. The next day after their coming to the Town, They give out a Proclamation. they gave out a Proclamation, Declaring their good affection towards the maintenance of true Religion, their Sovereign, the liberty of the country, and the settling of the present divisions, which must, as they said, unless timous remedy were provided, bring the Realm to utter destruction. They desired therefore all men to know, that they had esteemed the enterprise taken by some Noblemen against the Earl of Bothwel, for revenging the murder of the King, and setting of the Queen at liberty, both good and honourable, whereunto they would have given their assistance, if the same had been duly required. And for the things that had intervened, which they did forbear to mention, lest they should irritate the minds of any, their desire was the same might be in a familiar and friendly conference calmly debated, and a peaceable course taken for removing the differences. Mean while because they understood, that some unquiet spirits gave out, that their present convening was for the subversion of the religion presently professed, as they could not but give notice to all the subjects, that they who were now assembled, were for the most part the first and chiefest instruments in advancing Religion, and had still continued in professing the same, with a resolution to spend their lands and lives in maintenance thereof: So they desired to have it know, that their meeting at that time did only proceed from a desire they had to see a perfect union, and agreement established in the Realm, for which they were ready to meet with those of the Nobility, that differed from them in judgement, and condescend (after the ground of the differences was ripped up) upon such overtures as should be found agreeable to the setting forth of God his honour, the strengthening of the Royal succession, the preservation of the young Prince, the entertaining of peace with foreign Nations, and the settling of accord amongst the Noblemen, and other subjects. This they declared to be their sole intention, and rather than the same should not take the wished effect, they were content to yield unto any conditions that should be thought reasonable; under protestation, that if this their godly and honest purpose for the reunion of the State was neglected, and despised, the inconvenients that ensued might be imputed to the refusers, and the Noblemen presently convened, be discharged thereof before God, and man. This was the substance of the Proclamation, in the end whereof the liege's were charged to concur with them in forthsetting that godly purpose, and a prohibition made under great pains, to join with any others that should attempt under the cloak of whatsoever authority, to hinder the same. But neither did this declaration, They deal wi●h the Earl of Morton, but he will not hearken to them. nor the great travel taken by the Earl of Athol at the same time, prevail with the other Noblemen to bring them to this meeting, for still they excused themselves by the Convention appointed in May, which they said there was no necessity to prevent; or if any extraordinary occasion did require it, the same being signified to the Earl of Morton, who lay at Dalkeith, upon his advertisement they should be ready to meet. So finding their hopes this way disappointed, by advice of the Secretary (whose directions only they followed) they took purpose to deal with the Earl of Morton apart. To this effect the Earl of Athol, the Prior of Coldinghame brother to the Secretary, and the Lord Boyd were selected to confer with the Earl of Morton, and Abbot of Dunfermlin, but they could come to no agreement. For the Earl of Morton (of whom they had conceived some hope) would not hearken to any conditions, except they did acknowledge the King for their Sovereign. Hereupon they ●ell to other counsels, and first to have the Town of Edinburgh at their direction, they craved the keys of the gates to be delivered; which being refused, they resolved to contribute moneys for hiring of soldiers, and to draw so many of their friends and followers thither, as with help of the Castle might command the Town. An Army cometh to Berwick under conduct of the Earl of Sussex. But as they were about these devices, advertisement was brought of an Army come to Berwick, under the command of the Earl of Sussex, which troubled all these projects. To remain in Edinburgh they held it not safe, yet lest it should be thought that they left the Town for fear, the Magistrates were privately desired to entreat them to depart, The Lords forsake Edinburgh upon the report. lest the English should fall upon the Town, and make a spoil of it. So making a show to please the Town, by whom they had been very courteously used, they went to Linlithgow, and abode there the rest of that month. Before their parting, they gave a warrant to the Laird of Grange for fortifying the Castle, and dimitting the Lords Home and Hereis, They give warrant for fortifying the Castle. who had been committed by the late Regent. The Duke of Chattellerault was some days before put to liberty. The Lord Home had a part of the moneys which were contributed for levying of soldiers, given him to defend his bounds against the English; but when the Lairds of Bacleugh and Farnherst desired the like, they were refused, and went away in a great discontent. About the end of April the Army of England entering into Teviotdale, The Army of England entereth in Scotland. burned the Towns of Lynwick and Crawling, with the Castles of Farnherst, and Brauxholm, and divers houses belonging to the Kers and Scots. And in their return to Berwick besieged the Castle of Home, which was rendered by the Keepers to Sir William Drury, at the Lord Home his direction, for he reposed much in his friendship. The Lord Scroop at the same time invading the West borders, made a great spoil upon the johnston's and others who had accompanied Bacleugh in his incursion. The Lords that kept together at Linlithgow, having advertisement of these proceedings of the English, and suspecting they had some other intentions than the spoiling of the borders, sent a Gentleman to the Earl of Sussex to request a truce, till they might inform the Queen of England of the estate of things, and receive her Majesty's answer. The Lords desire a Truce from the Earl of Sussex which he refused. The Earl opening the letters that were directed to the Queen (for he had warrant so to do) and seeing them full of vain and idle brags (for to show the strength of the faction, they had set down a Roll of all the Noblemen of their party, inserting there in both some of their opposites, and some that had carried themselves newters in all these broils) returned answer by the messenger, that he would do as he was directed, and not grant any truce, nor keep the Army at their pleasure without employment. The time of the Convention approaching, A Convention of the Estates at Edinburgh. they who favoured the King his authority came in great numbers to Edinburgh. At their first meeting it was thought convenient, seeing the adverse party professed a desire of peace, to make trial of their disposition, and thereupon a Gentleman was sent with this message, that if they would join for revenge of the murder of the King's Father, An offer of peace to those of the Queen's party. and Regent, and would acknowledge the King for their Sovereign, whatsoever else in reason they could crave should be granted unto them. The answer was short and peremptory on their part; That they acknowledge none for their Sovereign but the Queen, and that she having committed the Government of affairs to the Earls of Arrane, Argile, and Huntley, they would follow and obey them in her service. The Queen's authority proclaimed. Then they caused proclaim the Queen's authority, with the several Commissions of their Lieutenandries, and in the Queen's name indicted a Parliament to be kept at Linlithgow in August ensuing. The Estates perceiving there would be no agreement, A Proclamation made by the Estates. gave forth a Proclamation to this effect; First, they said, that it was not unknown to all the subjects in what a happy state the Realm stood under the government of the late Regent, and what calamities it was fallen into by his death, divers Lords and other subjects conspiring with them, having presumed to erect another authority under the name of the Queen his Majesty's mother. But as such treasonable attempts had been often taken in hand, and as often through God's favour disappointed, to the shame and ignominy of the enterprisers, so they wished all men should understand, what sort of people they were that had massed themselves together in the present conspiracy. The Conspirators they ranked in three orders, the principles, they said, were the authors of the cruel murders of the King his father, The Conspirators ranked in their Orders. and Regent; Others were manifestly purjured, as having bound themselves by their oaths and subscriptions to defend the King his authority which now they impugned: A third sort were such as had servile minos, and without regard to conscience, or honour did follow those to whom they had addicted themselves: All which did pretend the maintenance of true Religion, the liberty of the Country, and the preservation of peace both abroad and at home. But with what probability, any man of judgement might consider; for neither could he, who was known to have been a persecutor of the truth, and now carried the chief sway amongst them (meaning the Archbishop of St. Andrews) be thought a maintainer of Religion; nor could they be esteemed favourers of their Country, and the quietness thereof, who without any just provocation had invaded the neighbour Realm of England, and publicly entertained the Queen's Rebels, professing enemies to God and Religion. As to the care they professed of the King's preservation, any man might conjecture how he should be preserved by them, who exiled his Grandfather, murdered his father, did wickedly counsel his mother, led her on courses, that had brought her to shame and dishonour, and now at last had unworthily cut off his Uncle and Regent, by suborning a mischant to kill him treacherously. It is like, said they, that they will be content to live subjects to a King descended of that house, which they have so long a time persecuted and will they not fear, if God shall bring him to perfection of years, that he will be avenged of his fathers and uncles murder? Neither can any be ignorant what the hope of a Kingdom will work in ambitious spirits, especially when they find themselves in a possibility to succeed unto the present possession. And these are the men, said they, who seek to rule and command under the name of her whom they have undone by their wicked practices. Of this they thought fit to advertise the subjects, and to inhibit them from giving any assistance to the said conspirators under pain of death. Such as of simplicity or ignorance had joined with them, they commanded to separate and return to their houses within the space of 24. hours, promising in that case impunity and pardon for their bypast defection, those only excepted, who were suspect of the foresaid murders, and had resset the Queen of England's Rebels, and violated the public peace betwixt the two Realms. This Proclamation was indicted with much passion, All prepare for War. and matters now reduced to these terms, that each side prepared to maintain their quarrel with the destruction of their adversaries. The Queen's faction dispatched Vera● to France to inform how matters went, and to further the supply promised. The Lord Seaton was sent to Flanders to entreat the Duke of Alva (at that time Governor of the netherlands for the King of Spain) for some aid of moneys and men, The Lord Seaton sent to Flanders. and to impede the traffic of the Scottish rebels (so they termed them that acknowledged the King's authority) in those parts. For the point of traffic, the Duke excused himself, saying, That he could not inhibit the same, it being against the liberty of the Low-countrieses, but in other things he would do his best to further the Queen of Scots cause. Like as shortly after he sent Mr. john Hamilton Parson of Dumbar (who lay Agent with him for the Scottish Queen) to the Earl of Huntley with great store of Armour and gunpowder, The Parson of Dumbar brings moneys and Armour to Huntley. and the sum of ten thousand. Crowns to levy Soldiers. The Lord Seaton in the mean while, who could not be idle wheresoever he was, and had a great desire to approve himself by some service to the King of Spain, dissembling his habit, went into the United Provinces, and dealt with Scottish Captains and Under officers to make them leave the service of the Estates, and follow the King of Spain; which being detected, he was apprehended, and by sentence of the Council of War condemned to ride the Canon, yet by some help he escaped and fled to the Duke of Alva, who sent him home loaden with promises, and rewarded with some little present for himself, because of his good affection. The Lords on the other side who stood for the King's authority, The Lords who stood for the King, send to Sussex for supply. sent to the Earl of Sussex entreating the assistance of his forces, or some part thereof, because of the common danger; and to move him the more, they advertised that the Earl of Westmoreland and other English Rebels were with the Lords convened at Linlithgow in Arms, with intention, as it seemed, to work some mischief, which had need for the good of both Realms to be prevented, which they doubted not (so the letters bear) having his assistance to do, and to put them off the fields; whereas if supply were not sent in time, and that matters should happen to be put to a day amongst themselves, the issue might prove dangerous. Answer was made, that the forces should be sent upon sufficient hostages for their surety, during their remaining in Scotland: Withal he craved, that the English Rebels whom the Lords had in their hands, and such others as should happen to be apprehended, might be delivered to him, as the Queen's Lieutenant, and left to her Majesty's disposition. For the hastages, it was condescended that the chief Noblemen should deliver some of their friends to remain in England during the abode of the English forces, and their safe return assured, the chance and fortune of War only excepted, which should be common and alike both to the Scots and them. But touching the delivery of the English Rebels, the Lords entreated that the same might be continued unto the return of her Majesty's answer to the instructions sent by the Abbot of Dunfermlin, who was upon his journey, and had warrant from them to satisfy her Majesty in that point. To this the Earl consented, providing the Noblemen would give their bonds for the safe custody of the Rebels, and the performance of that which her Majesty, and the Ambassador should agree unto. Grange and Lethington seek to stay the English forces upon offers. The Laird of Grange, and Secretary Lethington, who as yet made a show to desire peace, laboured by their letters to keep back the English forces, offering what satisfaction the Earl of Sussex in name of her Majesty would require. That the Earl answered, that if the Lords of Linlithgow would disannul the Proclamation of the Queen of Scots authority, and discharge all capitulations for aid out of France, and all other parts beyond the Sea, remitting the present dissension to the hearing and ordering of the Queen his Mistress, and obliging themselves by their subscriptions to stand at her Majesty's determination, he should stay his forces and detain them with himself, till he received new direction from her Majesty. Though these answers did in no ways please them, Sir William 〈…〉 in Scotland with an Army. yet to gain some time, they gave hopes, that after conference with the Lords at Linlithgow he should receive all satisfaction. But he smelling their intentions, after he had received the bonds and pledges from the Noblemen of the King's party, sent Sir William Drury Governor of Berwick with a thousand foot, and three hundreth horsemen into Scotland. How soon the Lords that were convened at Linlithgow, heard of their coming, and that the Earl of Lennox was in their company, they departed towards Glasgow and besieged the Castle, purposing to raze it, lest it should be useful to the Earl of Lennox, who was now returned from England. But the house was so well defended by a few young men (they passed not 24. in all) that the siege, after it had continued the space of five or six days, broke up upon the rumour of the Noblemen, and the English forces their approaching: The Duke of Chattellerault went with the Earl of Argile into his Country, the Earl of Huntley, and the rest into the North. The Noblemen assisted with the English forces coming to Glasgow after a short stay marched to Hamilton, and laid siege to the Castle, The Castle of Hamilton rendered. which at the sight of the Ordinance that was brought thither for the battery was yielded to the English by Andrew Hamilton of Meryton Captain, upon promise to have their lives spared. The Castle was set on fire and pitifully defaced, as also the Duke's palace within the town of Hamilton, and divers other houses in Cliddisdale. In their return to Edinburgh they destroyed the houses and lands pertaining to the Lords Flemyn and Levingston, with the Duke's lodging in the town of Linlithgow, the houses of Kinneill Powdowy, peil of Levingston, and others that appertained to the hamilton's in that shire. This done, the English forces returned to Berwick, and were accompanied thither by the Earl of Morton, who received again the hostages that were delivered in England. Whilst these things were a doing at home, the Abbot of Dunfermlin was following his legation in England. The Abbot of Dunfemlin Ambassador in England. His instructions from the Noblemen of the King's party were, First, to show the Queen that by the delay of her Majesty's Declaration in the cause of the King's Mother, His instructions. all these commotions had been raised, and therefore to entreat her Majesty plainly to declare herself, and take upon her the protection of the young King. Secondly, to inform her of the difficulties they had in electing of a Regent, and crave her opinion therein. Thirdly, to show what a necessity there was of entreating some forces of foot and horse, till the present troubles were pacified: and in regard of the public burdens to request her for moneys to maintain 300 horse, and 700. foot, which was esteemed sufficient for repressing the adversaries power. Lastly, concerning the Rebels of England who were in hands, to give her Majesty assurance that they should be safely kept, and to beseech her Highness if she would have them delivered, that some respect might be had to their credit, and mercy showed so far as could stand with her Majesty's safety, and the quiet of the Realm. For the other Rebels that were as yet in the Country he was desired to promise in their name all diligence for their apprehension; and if it should happen them to be taken, that they should be committed in sure custody, till her Majesty's pleasure was known. These things proponed to the Queen she answered, The Queen's answer to the instructions. That having heard nothing from the Lords, since the late Regent's death, and being daily importuned by foreign Ambassadors, she had yielded to a new hearing of the controversies betwixt them and their Queen, and that she intended to have a meeting of the Commissioners of both parties ere it was long; Therefore desired them to cease from using further hostility, and not to precipitate the Election of a Regent, the delay whereof would work them no prejudice. This answer reported to the Lords did trouble them exceedingly; from the one part they saw a necessity of accommodating themselves and their proceedings to the Queen of England's pleasure, The Earl of Lennox made Lieutenant of the Country. and on the other, they did find a great hurt by the want of a Regent: That adverse faction having thereby taken occasion to erect another Authority, and divers of their own partakers falling back from their wont forwardness, as not knowing on whom they should depend. After long consultation, this expedient was taken; That a Lieutenant should be appointed for certain time, with full authority to administrate all affairs; and notice sent to the Queen of England of the necessity they stood in of a Regent, and that there was no other way to keep the subjects in obedience. Choice accordingly was made of the Earl of Lennox grandfather to the King, and a Commission of Lieutenandry given him to endure to the 11. of july next; at which time, the Estates were warned to meet for the election of a Regent. Letters were also directed to the Queen of England, requesting her advice in the choice, and an answer to the other Petitions moved by the Abbot of Dunfermlin. The Queen, The Queen of England's answer to the Lords that stood for the King. who was put in hope that Westmoreland and the other Rebels of England entertained by the Queen of Scots faction, should be delivered unto her, had showed herself very favourable unto them, but hearing that they were escaped, she made answer as follows: That she did kindly accept the good will of the Noblemen, testified by their seeking her advice in the choice of a Regent, being a matter of such importance, and so nearly touching the estate of their King and Realm. That her mind once was, they should do best to continue the election for a time▪ but now considering the disorders that were raised, and possibly thereafter might arise, if some person was not placed in that charge, she did allow their resolution. And seeing the abilities of men for that place were best known to themselves, she should be satisfied with their choice whatsoever it was. Howbeit out of the care she had of the young King she would not dissemble her opinion, which was that the Earl of Lennox her cousin, whom as she was informed, they had made Lieutenant of the Realm, would be more careful of his safety then any other. But in any case desired them, not to think that in so doing she did prescribe them any choice, but left it free to themselves to do what was fittest. Further, she desired them to rest assured, notwithstanding of the reports dispersed by their adversaries, that she had neither yielded, nor would yield to the alteration of the state of their King and Government, unless she did see a more just and clear reason than had yet appeared. For howbeit she condescended to hear what the Queen of Scots would say, & offer as well for her own assurance, as for the good of that Realm, (a thing with in honour she could not refuse) yet not knowing what the same would be, she meant not to break the order of Law and justice, either to the advancing or prejudging of her cause. Therefore finding the Realm governed by a King, and him invested by Coronation and other solemnities requisite, as also generally received by the three Estates▪ she minded not to do any act that might breed alteration in the Estate, or make a confusion of governments. But as she had found, so to suffer the same continue, and net permit any change therein so far as she might impede the same, except by some eminent reason she should be induced to alter her opinion. In end she desired them beware that neither by misconceiving her good meaning towards them, nor by the insolent brags of their adversaries, they should take any course that might hinder or weaken their cause, and make her intentions for their good ineffectual. This letter communicated to the Estates convened at Edinburgh the twelfth of july, The Earl of Lennox created King. and a long discourse made to the same effect by Mr. Thomas Randolph her Ambassador, they were exceedingly joyed. So following the advice given them, they made choice of Matthew Earl of Lennox, declaring him Regent and Governor of the Realm, unto the King's majority, or till he were able by himself to administrate the public affairs. This was done with the great applause of all that were present, and published the next day at the Cross of Edinburgh. In an Assembly of the Church kept the same month, An Assembly of the Church at Edinburgh. there was some business moved by Mr. james Carmichal then Master of the Grammar School of S. Andrews, against Mr. Robert Hamilton Minister of the City, for some points of doctrine delivered by the said Mr. Robert in Pulpit. The points are not particularly expressed, but in the sixth Session of that Assembly, Mr. james Macgill Clerk of Register Mr. john Bellenden of Auchno●le Justice Clerk, and Mr. Archibald Douglas, one of the Senators of the College of Justice, were directed from the Chancellor and Council, to require them to forbear all decision in that matter, seeing it concerned the K●ngs authority▪ and contained some heads tending to treason, (so is it there said) which ought to be tried by the Nobility and Council▪ willing them notthelesse to proceed in such things as did appertain to their own jurisdiction; which was judged reasonable, and agreed unto by the Church. So far were they in these times from declining the King and Council in doctrines savouring of treason, and sedition, as they did esteem them competent Judges thereof. Commissioners directed from the Assembly of the Church to the Lords of the Queen's party. In the same Assembly Commission was given to Mr. David Lindesay, and Mr. Andrew Hay to travel with the Duke of Chattellerault, the Earls of Argile, Eglington and Cassils', the Lord Boyd, and other Barons and Gentlemen in the West parts for reducing them to the obedience of the King, and his authority. The like Commission was given to the Laird of Dun for the Earl of Crawford, the Lord Ogilvy and their assisters in Angus, and certification ordained to be made unto them, that if they did not return to the King's obedience, the spiritual sword of excommunication should be drawn against them: which I cannot think was really intended, considering the quality and number of the persons. The Regent immediately upon his creation, The Regent goeth to impede the Parliament indicted at Linlithgow. and oath taken according to the custom for maintaining true Religion, and observing the laws and liberties of the Realm, prepared to keep the Diet appointed at Linlithgow by the Lords of the Queen's party, who were said to be gathering forces, for holding the Parliament they had indicted; And because much depended upon the success of that business, he sent to the Earl of Sussex for assistance of his forces. And to the Laird of Grange (with whom he kept some correspondence) for some Field-pieces, and other things belonging to their furniture. Grange at first made fair promises, but shifting those who were sent to receive the munition, said, This his service should not be wanting to the making of a concord, but he would not be accessary to the shedding of the blood of Scot●ish men. The Earl of Sussex deferred his answer likewise, till the Queen should be advertised. Notthelesse the Regent observed the Diet, accompanied with 5000, Gentlemen none of the adverse party appearing. Thereafter a Parliament was indicted to hold at Edinburgh, the tenth of October, A Parliament indicted at Edinburgh. and the Regent understanding that the Earl of Huntley had sent some 160. soldiers to Brichen, and given order for providing victuals to the companies, who were there to meet him, made an hasty expedition thither & having sent the Lords Lindesay and Ruthven, with Sir james Haliburton Provost of Dundy, a little before himself, went nigh to have intercepted the Earl of Crawford, the Lord Ogilvy, and Sir james Balfour, The Regent's expedition to Brich●n. who were there attending Huntley. But they escaping, the soldiers fled to the Steeple of the Church & Castle, which they had fortified. The steeple at the Regent's first coming did yield, & so many as were therein, had their lives saved; the Castle held out some days, till they heard the Canon was at hand, and then rendered at discretion. Cap. Cowts with 30. of his soldiers were executed, because they had once served, and made defection. The rest were pardoned, upon surety not to carry arms against the present authority. This expedition ended the Regent returned to Edinburgh. In the the Month of August by letters from Denmark it was advertised, An Ambassador to Denmark. that Colonel john Clerk who had served the King there in his wars with Sweden, was imprisoned by the suggestion of some countrymen that laboured for Bothwels' liberty. Whereupon Mr. Thomas Buchannan brother to Mr. George Buchannan the King's Tutor, was sent in Ambassage to Denmark, to require that Bothwel might be delivered and sent into Scotland, to the effect justice might be done upon him, or then that he might be judged there, for the detestable murder committed upon the person of the King's father, and receive his due punishment. This had before that time been often desired, but was delayed by divers occasions; and now the report of Bothwels greater liberty and that he had been permitted to accuse colonel Clerk, a Gentleman well esteemed, & of good reputation for his service done both at home and in parts abroad; the Regent and Council took occasion to put that King in remembrance of their former requests; and if any doubt was made in those parts of Bothwels' guiltiness, they offered to clear the same by evident probation; & thereupon entreated him by the communion of blood and nigh kindred betwixt him and the King of Scotland, that he would not suffer such a nefarious person to escape. In the same letters they requested, that the Colonel might be set at liberty, and restored to the King's wont favour, or then be licenced to return into Scotland, where there was present use for his service. This Ambassage was not without fruit, and put Bothwel out of all credit, so as desperate of liberty, he turned mad, and ended his wicked life some years after, (as before was touched) most miserably. All things now went ill with the Queen's saction, An Abstinence agreed unto. neither saw they a way to subsist, but by labouring an Abstinence, which the Secretary earnestly went about, and prevailed so far with the two Leigers of France and Spain, as they brought the Queen of England to a new Treaty with the Scots Queen, and to hearken unto some overtures, which she did make both for the Queen's assurance, and for the settling of a perfect peace betwixt her and her son, and those that stood in his obedience. This moved the Regent, he did greatly oppose it; yet the Queen of England would needs have him agree to the Abstinence for the space of two months, in which it was thought the Treaty should take an end. Great dispute there was about the tenor and form of the Abstinence, which at last was accorded in these terms. That the Regent should oblige himself and his partakers to cease from Arms, and not to molest any that pretended obedience to the King's mother, during the space of two months, which should be understood to begin the third day of September, providing that no innovation should be made in the government, and all things continue in the same estate wherein they were at the death of the late Regent: As also that the ordinary administration of the Law and Justice in Parliament, Session, and other Courts, with the punishment of thiefs and trespassers, might proceed in the mean time by law or force in the King's name, and under his authority, without any opposition. This granted, by a second letter the Queen of England signified, A Treaty with the Queen of Scots. That she had appointed Sir William Cecil her principal Secretary, and Sir Walter Mildmay Chancellor of the Exchequer, to repair to the Queen of Scots, and learn what offers she would make for her Majesty's surety, and the not disturbing the Realms, if she should be put to liberty. In which treaty she minded not to neglect the surety of the young King, and the estate of the Nobility adhering to him, whereof she would be no less careful, then of what concerned herself most. But in regard that treaty could take no good effect, if the Regent and the Nobility on his side should do any thing to the prejudice of the Queen of Scots and her party, she desired that no Parliament should be kept during the time of the treaty; or if it had taken beginning before the receipt of the letter, that nothing should pass therein, which might give her cause to complain. And for the Abstinence taken unto the third of November, seeing there was no likelihood, the treaty should take an end in so short a time, he was further desired to prorogue the same for other two months. The letter dated at Windsor the seventh of October, was brought to the Regent the thirteenth, some two days after the Parliament was begun. This treaty did much perplex the Regent, for albeit he was advertised before, T●is Regent's letter to the Queen of England. of the Queen of England's condescending to hear what the Scottish Queen would say in her own cause, yet he did not expect any such sudden dealing, or that it should have begun without his knowledge. But making the best construction of all things, he answered, That the Parliament had taken a beginning before her Majesty's letters came to his hand, and for the reverence he did carry to her, he had abstained from all proceeding in any matters, only his office of Regiment was confirmed, and the Parliament adjourned unto the month of January, before which time he hoped the fruit of that treaty would appear. For the prorogation of the Abstinence, he had declared at the first how hurtful the same was to the King his affairs, and that there was no true meaning in the adverse party, ad did manifestly appear by the arresting of the ships, and goods of the Scottish Merchants, professing the King his obedience, in the Kingdom of France, and other divers insolences practised at home, since the granting thereof. That howsoever he was persuaded, her Majesty had not a mind under colour of the Abstinence to ruin the young King, and those that stood in defence of his authority, yet they had received more hurt thereby then they could have done, if open hostility had been professed. Therefore he desired that before he was urged with a further cessation, the ships and goods stayed in France, might be set free, the injuries committed at home repaired, and all things innovated in the Government since the late Regent's death, disannulled by Proclamation: which things performed, he should willingly obey her Majesty's desire. Upon this last part of the letter, many debates arose amongst the parties, and divers particulars on either side were exhibited in writing to the Earl of Sussex, for verifying a breach of the Abstinence against others. That which I find most insisted upon, was the denouncing of Secretary Lethington Rebel, Secretary Lethington denounced Rebel, and loses his office. who being cited to appear at a certain day before the Regent and Council, was for his contumacy sentenced to lose his office, and have his goods confiscated. The Regent challenged of this point made answer, That the Secretary could claim no benefit by the Abstinence, seeing he was the King's subject, and stood to the defence of the King's cause, both in England and Scotland, professing himself as much displeased with the Proclamation of the Queen's authority, as any man else. And howbeit of late he had accompanied the contrary faction, yet he never declined his subjection to the King. That being required to attend his office he had refused, whereupon the same was justly taken from him; and for the confiscation complained, if he would yet declare on what side he was, he should be reasonably used. The Secretary who had often changed his party, The Secretary's Declaration finding that now he must declare himself on the one side, or the other, sent to the Earl of Sussex this answer, That he did think it strange the Regent should inquire on which side he was, seeing his speeches, writings and actions had declared the same. Always now he would plainly profess, that he was not of the Lord Regent's side, nor would he acknowledge him for Regent. That he was of that side, which would perform their duties to the Queen of Scotland, and to her son, so as neither of them should have cause to find fault with him that he was of that side which wished to either of them the place, which in reason and justice they ought to possess; and that he was of that side which requested the Queen of England to enter into good conditions with the Queen, whereby Scotland might be brought in an union, and she restored to her liberty and Realm. He confessed, that he did not allow of the proclaiming of the Queen's authority, nor of the Parliament indicted by those of he part, because he foresaw the same would impede the Treaty betwixt the two Queens, and might do hurt many ways, and hinder the good he was about to do. But that would not inser an allowance of their doings. And this, he said might give the Regent to understand on what side he was. This answer neither expressing a reason of his falling away from the King's obedience, nor discovering plainly, as was desired, of what side he should be esteemed, being delivered to the Regent, received this reply; The Regent's Reply. That it was no marvel, he should not acknowledge him for Regent, having deserved so ill at his hands, and being attainted of the soul and cruel murder of his son, the King's father. That his Declaration did not satisfy that which was demanded: for where he made a show to observe a duty both to the Queen and to her son, and would have it appear, that he was about the effecting of great matters; the duties he had done to either of them were well enough known, neither could any man look for any good to proceed from him. Therefore howsoever he had against his promise and subscription declined from the King's party, he must still be subject to answer such particulars as should be laid against him in the King's name. And seeing it was neither her Majesty's meaning, that any person guilty of the King's murder should enjoy benefit by the Abstinence, he that was challenged thereof in the late Regent's time, and had in Council offered himself to the severest trial that could be taken could not complain of the breach of Abstinence, for any thing done, or intended against him. But that neither this particular, nor any other should be an occasion to dissolove that Treaty begun, he said, that he was content the notes of all injuries alleged on either side should be delivered in writing to the Earl of Sussex, and the trial or redress thereof continued, till it should appear, what effect the Treaty brought forth. The prorogation of the Abstinence in the mean time, as was desired by the Queen of England, was yielded unto, and subscrived the fourth of November with this provision, That the goods and the ships of the Scottish Merchants arrested at that time in France should be released, and no stay made of such as should happen to repair thither, during the time of the Abstinence. Whilst these things were debating, Articles propounded to the Queen of Scotland. the copy of the Articles proponed by the Commissioners of England to the Queen of Scots, for the surety of the Queen, were sent to the Lords of her faction to be considered, which were as followeth. 1. That the Treaty at Leth should be confirmed, and that she should not claim any right, nor pretend title to the Crown of England, during the life of Queen Elizabeth. 2. That she should not renew nor keep any League with any Prince against England, nor yet receive foreign forces into Scotland. 3. That she should neither practise nor keep intelligence with Irish or English without the Queen's knowledge, and in the mean time cause the English fugitives and rebels to be rendered. 4. That she should redress the wrongs and harms done by her faction in the borders of England. 5. That she should not join in marriage with any English man without the consent of the Queen of England, nor with any other against the liking of the Estates of Scotland. 6. That she should not permit the Scots to pass into Ireland, without licence obtained from the Queen of England. 7. That for the performance of these Articles, her son should be delivered to be brought up in England, and six other hostages, such as the Queen of England should name, should be sent thither. The Castles of Home, Fast● Castle, kept by the English for the space of three years, and some Fort in Galloway, or Cantire be put in the English men's hands, for restraining the Irish Scots from going into Ireland. 8. That she should do justice according to the law, upon the murderers of her husband and the late Earl of Murray. 9 That she should set her hand, and cause the Commissioners to be appointed by her party, set their hands and seals to these Articles. 10. And lastly, that all these particulars should be confirmed by the Estates of Scotland. Now albeit divers of these Articles were misliked by the Lords of her faction, Sir William Cecil his letters to the Regent. yet conceiving thereby some hope of her restitution, they dispersed certain copies in the country, to encourage those that professed her obedience, holding back such of the Articles as seemed most hard, trusting to obtain a mitigation thereof in the conference; And she indeed, I mean the Scottish Queen, showed herself pleased withal, only she remitted the full answer to her Commissioners that should come from Scotland. The rumour of the Accord held good a few days, and amused the Regent and other Noblemen not a little, till a letter directed by Sir William Cecil from Chattesworth in Derbyshire, where the Queen of Scots then lay, did otherwise inform, which was to this effect: That he was put upon that employment much against his heart, and yet had not dealt therein but with a great regard of the safety of the young King and whole Estate: And that all he had done touching Scottish affairs, was under protestation, that it should be in the power of those whom the Queen and Regent should send in Commission, to change, diminish or augment the Articles at their pleasures. Therefore did he advise the Regent, to send a Nobleman with some other well learned and practised in the affairs of the country, to deal in these matters; taking care, that the persons he choosed were constant and firm, and such as would not be won from him, nor from the cause. This Letter of the date the thirteenth of October, 1570. written in so friendly and familiar a manner (for therein he named some whom the Regent had lately employed, of whom he willed him to beware) gave him to understand, that matters were not so far gone, as his adversary did brag. After a few days the Earl of Sussex advertised the Regent that the Lords of the other faction had made choice of certain Commissioners to attend the treaty begun betwixt their Queen and the Queen of England, The Earl of Sussex his advertisement to the Regent. desiring that no trouble nor molestation should be made to them and their train in that journey; as also to send some special persons instructed with Commission from the King, and the Nobility of his side, to give their best advice for the surety of the King and his dependants, if matters should happen to be accorded. And if it fell out otherwise, to consider what should be the most sure course for continuance of amity betwixt the two Realms, the preservation of the young King, the reducing of the subjects to his obedience, and the defence of the Isle against foreign invasions. These Commissioners he desired to be sent with expedition, for that her Majesty longed to have an end of the business, and could not grow to any resolution, till she had conferred with them, and understood their minds. This he did by direction from the Queen his Mistress as he wrote, His particular advice. howbeit he himself had thought of some particulars that he held convenient to be thought upon, but for the King's security, and theirs, if his mother should be set at liberty, wherein he prayed him familiarly to show what was his opinion. As first, if she should happen to be restored to her Crown, and the King to be made to dimit the authority, it might be upon condition that in case of her death, or the breach of the present agreement, he might reenter to the kingdom without any Solemnities to be used. Next, that a Council of both parties might be provided to her by the Queen of England for avoiding all sorts of practices. Thirdly, that the young King should be educated in the Realm of England under the custody of such persons, as the Nobility of his party should appoint, which would be the greatest sure●y for those that depended on him, and tie his mother to the performance of the Articles. Fourthly, that a new Act of Parliament should be made for the establishing of true Religion, and oblivion of all injuries committed on either side. Fifthly, that the Queen should give some principal men of her side Hostages to remain in England for fulfilling the heads of the agreement. Lastly, he advised the Regent to send with the Commissioners that should be employed in that errand a writing signed and scaled by all the Noblemen of the King's party, to sh●w who they were that stood on that side. Because besides the credit it would bring to the cause, the same would be to good purpose, howsoever matters went. For if the Treaty should break off, it would be seen who would maintain and defend the King; Or if otherwise an accord were made, it would be known for what persons the Queen of England was to provide a surety. Whether these Propositions were made (as he gave out) of his own head, The Regent's answer. or which would rather appear, that he was set on by the Queen of England to try the Regent and Nobilities mind, he answered very advisedly, and beginning at the last, he said, That he held his opinion good touching the sealing of a writing by the Nobility of the King's party, whose number would not be found so great as he wished, because there were divers Neuters that adhered to no side, and many that desired to keep things lose, some for impunity of crimes whereof they were suspected, and others hoping to better their condition in an unquiet time; yet he trusted to obtain the subscriptions of a sufficient number who had sincerely continued in the profession of true Religion and his Majesty's obedience, and from their hearts abhorred the murderers of the King his son, and the late Regent. For the other points he said, that he could not give his private opinion in matters so important, by reason of his oath made at the acceptation of the government to have no dealing in matters of that kind without the knowledge of the Nobility and Council. And touching the Commissioners which the Queen required to be sent, there should be diligence used therein, how soon they understood of what quality the others were, that the Lords of the Queen's party did choose. Neither should any molestation be made to them in their journey, so as their names, the number of their train, and the way they minded to take were notified; For otherwise as he said, the King and Estate might receive hurt, and some that were culpable of those odious murders steal away privately in their company. Mean while he showed, that till Commissioners might be chosen by the advice of the Noblemen then absent, the Council had appointed the Abbot of Dunfermlin Ambassador to the Queen of England, and given him such instructions as they held needful for the time, by whom she should be more fully advertised of their minds in all matters. About the midst of November the Abbot of Dunfermlin (then made Secretary) went into England. The Abbot of Dunfermlin made Secretary and sent into England. He was desired to show the Queen How it was the expectation of all the good subjects in Scotland, that she would never forget the motherly care she had professed to have of the innocent person of their young King; nor yet be unmindful of the Noblemen and others professing his obedience, who had studied to maintain peace betwixt the two Realms ever since her Majesty's entry to the Crown; and that they being required as well by letters from her Lieutenant in the North, as by her Ambassador resident amongst them, to direct some special persons towards her for communicating such things as they thought requisite for the surely of their King and themselves, although they had resolved upon a number sufficient for that Legation, yet they deferred to send away till they should understand who were nominated for the Lords of the other party, to the end they might equal them in birth and quality; That in the mean time lest they should be thought more negligent than became them in matter of such importance, they had laid upon him the charge, to come and signify to her Majesty the opinion that was held in Scotland of the Articles framed at Chattesworth, which the adversaries gave out to have been craved by her Majesty, and esteemed a sufficient security for the Queen of Scots. And if he did find her Majesty inclining thereto, then to remember her with what a person she had to do; a Princess by birth, in Religion Popish, one that professed herself a captive, and as joined with an husband, (suppose in a most unlawful conjunction) and that any one of these would serve for a colour to undo whatsoever thing she agreed unto at the present; for her Majesty could not be ignorant, how after her escape out of Lochleven, she revoked the dimission of the Crown, made in favours of her son, (though the same was done for good respects) upon a pretext of fear● and that she did the same being a Captive. As likewise she knew the Papists Maxim of not keeping faith to Heretics, which would serve her for a subterfuge to break all Covenants when she saw her time; and that to dimit her upon any surety, would prove no less dangerous to her Majesties own estate then to Scotland, considering the claim she had made in former times to the Crown of England, and the attempts of her Rebels at home, not yet well extinct, upon the same grounds. In regard whereof there was nothing could assure the quiet of both Realms in their opinions, but her detention under safe custody, which could not be esteemed dishonourable, the just causes and occasions being published and made manifest to the world. As to the power of foreign Princes whereof they boasted, the same was not much to be feared, so long as her person was kept sure; And if war for that cause should be denounced, the peril should be less, then if she were set at liberty, and restored to the Crown; for so she should have her forces and friendship ready to join with other Princes in all their quarrels, against which no Hostages could serve for assurance. This was the sum of his instructions. The Queen of England's answer, ult. November. 1570. He had presence of the Queen the penult of November, and perceiving that none of these Articles were concluded, he did communicate all his instructions unto her, as he was desired; she having perused them, and reasoned thereupon with her Council, returned this Answer, That she found in his instructions divers things worthy of consideration, which behoved to be further debated, and gravely weighed, because of their importance. Therefore desired some men of credit to be directed unto England, that an end might be put to that business; for as to the restitution of the Queen, seeing it appeared they had reason to oppose it, she would not have the Regent or those of his party to think that she intended to wrong them in any sort; for if they should make it appear that nothing was done by them but according to justice, she would side with them and maintain their quarrel. And otherwise if they were not able to justify their cause by such evident reasons as might satisfy her Majesty in conscience, and make her answer the world in honour, she would nevertheless for that natural love she bore to the King her near kinsman, and the good will she carried to the Noblemen that stood for his authority, leave no means unprovided for their safeties: But in regard a great part of the time appointed in the last prorogation of the Abstinence was already spent, she desired the same to be prorogated unto March next, and would desire them to agree thereto, in regard they that stood for the Queen had condescended to the same, and as much more time as she should think fitting. This answer of the date at Hampton Court the ●. of December came unto the Regent the 15. who thereupon advertised the Noblemen to meet at Edinburgh with all diligence for taking deliberation of things desired. The Laird of Grange, whether to impede the meeting, The Laird of Grange raiseth a trouble in Edinburgh and breaks out in open Rebellion. or to divert the Council from trying a conspiracy which was then discovered, and said to have been devised in the Castle against the Regent's life, it is uncertain, raised a great trouble in the town of Edinburgh about the same time. One of his servants called james Fleming being imprisoned by the Magistrates for a slaughter committed by his direction, he in the evening whilst all men were at supper, made the Garrison of the Castle to issue forth, and break open the prison doors, playing all the while upon the town with the Canon, to tertifie the inhabitants from making resistance. This being complained of to the Regent, he was called to answer for the riot, but refused to appear and presently broke out in open rebellion, fortifying the Castle, and conducing a number of soldiers, who did afterwards greatly annoy the Citizens. The Nobility notwithstanding did keep the meeting, and made choice of the Earl of Morton, Commissioners sent into England. the Abbot of Dunfermlin, and Mr. james, Mr. Gill, to go unto England; withal they agreed to the Abstinence required, adjourning the Parliament to May thereafter. How soon these Commissioners were come to London, The Earl of Leicester and Sussex, the Lord Keeper, the Chamberlain, Sir William Cecil Secretary (then made Lord Burleigh,) Sir Walter Mildmay, and Sir Francis Knolls were appointed to confer with them; These meeting in the Secretary's chamber at Court, after salutations and some general speeches, the Lord Burleigh said, That they were desired to come into England upon occasion of a Treaty begun betwixt the two Queens, and that her Majesty did now expect to receive from them such evident reasons for their proceedings against their Queen as wherewith she might both satisfy herself, and with honour answer to the world for that which she did: Or if they could not be able so to do, that matters might be composed in the best sort for their safeties, which her Majesty would by all means procure. The Commissioners answered, that they had before that time imparted the truth of all things to her Majesty, which they thought might satisfy to clear them from the crimes objected; yet if she stood doubtful in any point, the same should be cleared, and their doings justified by most evident reasons. Nothing further was said at that time, but all continued to the next day. And then having again met, the Earl of Morton made a long discourse of the reasons and grounds of their proceedings, answering the objections which he thought could be made against what he had spoken. His discourse ended, they were desired to put their reasons in writing, which was with some difficulty yielded unto, and under condition, that if the reasons proponed by them did not content her Majesty, the writing should be redelivered, and no Copy taken thereof; Otherwise, if her Majesty did like and allow them, they were content the same should be put in Record, if so it pleased her Highness. The last of February (for albeit the 20. of that month they came to London) they presented a number of Reasons for justifying the deposition of their Queen, Reason's justifying the Queen of Scots deposition. and cited many Laws both Civil, Canon, and Municipal, which they backed with examples drawn forth of Scottish Histories, and with the opinions of divers famous Divines. The Queen of England having considered their reasons, was not a little displeased both with the bitter speeches, and with the liberty they had used in depressing the authority of Princes, and thereupon told them, That she was in no sort satisfied with their reasons, willing them to go unto the second head, and devise what they thought meetest for the safety of their King and themselves. But said, they refusing, that they had no Commission to speak of any thing that might derogate from the King's authority; and if such a Commission had been given them, they would not have accepted it. In these terms matters continued some days till the Commissioners for the King of Scots suiting to be dimitted, were sent for to Greenwich, where the Queen had a long speech tending all to declare what a good will she had carried to the young King, and to those that professed his obedience, and wondering they should be so wilful, and not to deliberate of such things as served to their own safety. The Commissioners answering, that they believed the reasons produced would have satisfied her Majesty touching their proceedings, which (as they esteemed) were sufficient to prove, that they had done nothing but according to justice: Yet I (saith the Queen) am not satisfied neither with your reasons, nor laws, nor examples; nor am I ignorant of the laws myself, having spent divers years in the study thereof. If ye yourselves will not (saith she) propone any thing for your own sureties, yet I would have you hear what my Council is able to say in that matter, and I hope it shall content you. They answered, that their respect to her Majesty was greater, then to refuse any good advice which she and her good Council should give them, but that they had no power to consent to any thing that might infer an alteration of the present state, or diminish the King's authority. The next day the Articles following were given them, Articles proponed to the Commissioners of Scotland. and they desired to consider of the same, and set down their Answer in writing. 1. That in regard her son had been crowned King by virtue of her dimission, and his Coronation ratified by the three Estates of Parliament, and that since that time a great number of the subjects had professed obedience to him, and his Regent's, which was to be interpreted in the best part, as done out of duty, and not out of any ill mind towards their Queen, the obedience so yielded to the King and his Regent's, should be allowed from the time of the dimission of the Crown made by her, unto the resumption of the same: And all manner of Acts done since that time in the administration of justice, and for government of the State, should be reputed good and lawful, or at least reviewed, and confirmed in the next Parliament after consideration taken of the same by twelve Lords, whereof six should be named by the Queen and her Commissioners, and the other six by the Commissioners for the King's part. 2. That all Statutes and Ordinances made concerning matters of Religion, and the Ministers thereof, since the same time, should be observed by all the subjects of Scotland, and no pardon nor dispensation granted in time coming to any person not observing the same, without consent of the said twelve Lords. 3. That all Processes, Sentences, and Judgements given either in causes civil or criminal since the said time, wherein the order of the laws of the Realm had been observed, should remain in force, and only such sentences as had been pronounced either in the name of the King or Queen against any person for not obeying or acknowledging either of their Titles, be rescinded; the sentences always pronounced against the Earl of Bothwel, or any others, for the murder of the Queen's husband, standing good and valid. 4. That all Ecclesiastical benefices and temporal offices, which have usually continued in the person of any during term of life, should remain with the same persons that held them at the time of the Queen's dimission; such excepted, as may be proved to have consented to the murder of her husband, or that have left them upon recompense, and with their own consents: In which cases the present possessors should enjoy the same, unless they were uncapable, and declared by the twelve Lords to be such. 5. That all strengths, Castles, and houses appertaining to the Crown should be restored to the possession of those who held them at the time of the Queen's dimission, except they had parted therewith upon agreement. In which case the Queen with consent of the said twelve Lords, or the most part of the Council should dispose thereof. 6. That the Jewels, Plate, Movables, and implements of houses belonging to the Queen at the time of her dimission, should be restored, provided the moneys which any had laid out for the same, were repaid: And for such as had been put away by the direction of the Regent's, or Council, that recompense should be made by the Queen to the party according to the just value. 7. That a law should be established in Parliament for oblivion and remission of all things done since that time, after the same manner that was done in the year 1563. providing not the less, that the controller, Thesaurer, and other receivers of the Crown revenues, should give an account to the Queen of all sums of money or other profits which had not been expended bona fide, for the affairs of the Realm, or by order and warrant from the Regent, and others trusted with those affairs; Neither should the remission be extended to any that had taken by force any houses, Castles, lands, or heritage's belonging to others, but restitution should be made thereof to the party dispossessed, or to his heirs, till the same by order of law be justly determined. In like manner concerning goods movable taken away from the Owners against their wills, and being yet in their own nature extant, that restitution should be made thereof. And because many doubts might arise upon this Article, the same should be determined by the foresaid twelve Lords, or otherwise as was devised for the execution of the Act made Anno 1563. 8. That for the more quiet government of the Realm, there should be appointed a Privy Council, which should consist of twelve Lords spiritual and temporal, besides the other ordinary officers that do usually attend. And that the said Council should be established with the like provisions that were made at the return of the Queen out of France, Anno 1561. So many as were then Counsellors, and yet alive, being counted of that number; and that the Earl of Lennox, because he was most bound by nature to take care of the King, should be one of the Council, and have place therein according to his degree. 9 That for the greater safety of the King's person, he should be brought into the Realm of England, and there governed by such Noblemen of Scotland, as depend of him, so as he may be ever ready to be restored to the Crown, if the Queen his Mother break the Covenants agreed betwixt her and the Queen of England. 10. That for his entertainment he should not only have the revenues which the Princes of Scotland in former times possessed, but also the Rents and Offices belonging sometime to the Earl of Bothwel. 11. And last, that a convenient number of Hostages, being all Noblemen, and of those who have adhered to the Queen, and solicited her delivery, should enter in England to remain there for assurance of observing the conditions made both to the King of Scots and the subjects under his obedience, and to the Queen of England for the peace and quiet of her dominions; And that the said Hostages should be entered in England before the Queen of Scots shall be put to liberty. These Articles delivered to them were answered the next day, as followeth: Answer to the foresaid Articles. We have seen and considered the note of the Heads which we received from your Lordships for pacifying the controversies between the Queen our Sovereign's mother, and the King her Son, and his Subjects, touching the Title of the Crown of Scotland, if it be found, that her dimission either was, or may be lawfully revoked by her; And therewithal having diligently perused our Commission and Instructions to know how far we might enter in Treaty upon the same Heads for satisfaction of the Queen's Majesty, and your Lordships to whom the hearing of the cause is committed; We find ourselves no ways able, nor sufficiently authorised to enter into any treaty or conference touching the King our Sovereign his Crown, the abdication or diminution of the same, or yet the removing of his person from the place where he abideth▪ For as we confess ourselves his Highness' subjects, and have all our power and Commission from him, to treat in his name, in matters tending to the maintenance of true Religion, his honour and estate, and for the continuance of amity betwixt the two Realms: So we cannot presume to abuse our Commission in any thing that may prejudge him, wherein we trust your Lordships shall allow and approve us. At the same time, Propositions made to the Queen of Scots Commissioners. some others were appointed to confer with those of his Mother's party; And to them it was proposed, that for the security of the Queen of England, and the Noblemen that followed the King of Scots, the Duke of Chatteller ault, with the Earls of Huntley, Argile, the Lord Home, and any other Nobleman they pleased to name, should be delivered as pledges, and the Castles of Dumbar, and Home, be put in the hands of English men, to be kept for three years. The answer they gave, was, that she who of her own motive committed herself to the protection of the Queen of England, The Answer. would most willingly give her satisfaction in all things which conveniently might be done; but to deliver those great men, and the Fortresses required, was no other thing but to spoil and deprive the distressed Queen of the succour of her most faithful friends, and the strength of those places; yet if in all other points they did agree, they made offer, that two Earls (one whereof should be of the number nominated) and two Lords should enter as Hostages, and remain in England for the space of two years; but for the Holds and Castles, they could not, because of the League with France, put them in the hands of English men, unless others were put also in the hands of the French. The Queen of England perceiving that there were on both sides great impediments, sent for the King's Commissioners, The Treaty continued to a more convenient time. and told them, how she had considered, that the Articles proponed, could not be resolved but in a Parliament, and therefore leaving the Treaty for a time, seeing she understood there was a meeting of the Estates appointed in May next, she held it meetest they should return, and in that meeting condescend upon an equal number of both parties, that should have power to compose matters; The Abstinence in the mean time being renewed, in hope that all differences should be taken away, and matters peaceably agreed. This she would cause signify to the Agents of their Queen, and doubted not, but they would assent thereto; yet when it was moved unto them, they refused to agree to any delay, till they should know what was her own mind. Hereupon the King's Commissioners were commanded to stay till her Answer should be returned. In this time the Bishop of Galloway and the Lord Levingston trusting to speed better by conference with the Earl of Morton, The Bishop of Galloway and the Lord Levingston, confer with the Earl of Morton▪ and the rest. sent to desire a meeting of them, which was yielded unto, provided the Bishop of Ross came not in their company; for him they would not admit, as being the King's Rebel. Having met, they talked kindly one to another. But that the Queen should be restored to her authority, in no condition (though divers were proponed) could be admitted; which when she heard, and that the Queen of England had taken a course to delay things, she grew into a great choler, and inhibited her Commissioners to treat any more. This reported to the Queen of England, she sent for the Earl of Morton and his Associates, and told him, that their Queen took in evil part the motion she had made; And seeing it is so, saith she, I will not detain you longer, ye shall go home, and if afterwards she be brought to agree to this course, as I hope she shall, I have no doubt but you will for your parts do that which is fitting. Thus were they dimitted. Whilst these things were doing in England, the factions at home, notwithstanding of the Abstinence, were not idle, but taking their advantage of others. Lord Claud Hamilton ejecting the Lord Semple his servant forth of the house of Paslay, Paslay taken by Lord Claud Hamilton, and recovered by the Regent. placed therein a number of soldiers, and by them kept all these parts in in fear; The Regent upon this gathering some forces, besieged the house, and had it rendered to him within a few days. The Soldiers were conveyed to Edinburgh, and hanged on the Gallows without the Town. The Castle of Dunbart●n surprised. Not long after, upon intelligence that the Castle of Dunbarton was negligently kept, and might easily be surprised, he sent three companies under the command of Captain Crawford, Captain Home, and Captain Ramsey to give the attempt; Ladders and other necessaries for scaling being prepared, they went thither in the night, conducted by a fellow that had served in the house, and as then had quit his service upon a private discontent. A little before day carrying the ladders with the least noise they could make, they placed the same in the most commodious part for ascent, and notwithstanding of sundry difficulties that happened, got up in the end to the top of the Rock: There having a wall of stone likewise to climb, Captain Alexander Ramsey by a ladder which they drew up after them, was the first that entered, and for a short space defended himself against three watchmen that assailed him. Crawford and Home following quickly with their companies, the watchmen were killed, and the munition sensed. The Lord Fleming, who commanded the Castle, hearing the tumult, fled to the nether Balze (so they call the part by which they descend to the river) and escaped in a little Boat. The soldiers and other servants yielding, were spared, and freely dimitted. Within the Castle were the Archbishop of S. Andrews, Monsieur Veras the French man, the Lady Fleming, john Fleming of Boghall, Alexander Levingston, son to the Lord Levingston, and john Hall an English man, who were all made prisoners. The next morning the Regent came thither, (for he was lying at Glasgow) and using the Lady honourably, suffered her to depart with her plate, jewels, and all that appertained either to her or to her husband. Veras was sent to be kept at S. Andrews, and permitted afterwards to depart. The English man Hall was delivered to the Marshal of Berwick. Boghall and the Lord Levingstons' son were detained. The Archbishop of S. Andrews executed. The Archbishop was sent to Striveling, and the first of April publicly hanged on a gibbet, erected to that purpose. This was the first Bishop that suffered by form of Justice in this Kingdom, His Declaration at his death. a man he was of great action, wise and not unlearned, but in life somewhat dissolute. His death, especially for the manner of it, did greatly incense his friends, and disliked of divers, who wished a greater respect to have been carried to his age and place. But the suspicion of his guiltiness in the murders of the King and Regent, made him of the common sort less regretted. It is said, that being questioned of the Regent's murder, he answered, That he might have stayed the same, and was sorry he did it not. But when he was charged with the King's death, he denied the same. Yet a Priest called Thomas Robinson that was brought before him, affirmed that one john Hamilton (commonly called Black john) had confessed to him on his deathbed, that he was present by his direction at the murder. Whereunto he replied, That being a Priest, he ought not to reveal Confessions; and that no man's Confession could make him guilty. But for none of those points was he condemned, nor the ordinary form of Trial used, though he did earnestly request the same; Only upon the forfeiture laid against him in Parliament, he was put to death, and the execution hastened, lest the Queen of England should have interceded for his life. They who stood for the Queen, They who stood for the Queen, take Arms and come to Edinbugh. upon advertisement that the Treaty was dissolved, and that she had recalled the Bishop of Galloway, and the Lord Levingston, did presently take Arms. The Laird of Grange to keep the Town of Edinburgh under command, did plant in the steeple of S. Giles some soldiers, and transport all the Armour and Munition which was kept in the Townhouse to the Castle; After a few days the Duke of Chattellerault, came thither, with the Earls of Argile and Huntley, the Lords Hereiss, Boyd and divers others, to stay the holding of the Parliament, which had been adjourned to the fourteenth of May. At their coming they compelled the Clerks and Keepers of the Register to deliver the books of Council and Parliament, and seized on every thing, which they thought might hinder the States to convene. The Ministers were commanded in their public prayers to make mention of the Queen their Sovereign Princess; which they resused. john Knox withdrew himself, and retired to S. Andrews, Alexander Bishop of Galloway preaching in his place. The Regent on the other side with the Nobility that adhered to the King, The Regent resolveth to hold the Parliament. came into Leth with a resolution to hold the Parliament, whatsoever should follow; and because it would be a difficil work to recover the town, conclusion was taken to keep the Parliament in that part of the Canon gate which is subject to the town's jurisdiction: the Lawyers having resolved, that in what part soever of the town the Estates should convene, their meeting would be found lawful. Thus on Monday the fourteenth of May, which was the Diet appointed, the Parliament according to the custom was fenced in a house without the gates, yet within the liberties of the town. The Saturday preceding the Regent had by advice of the Council sent some men of war to possess that part of the town, who were assisted by certain Noblemen volunteers that joined in the service. And notwithstanding the continual playing of the Ordinance upon that part from the Castle, both that day and all the time the Parliament sat, not a man (a thing most strange) of the Regent's side was either hurt or killed, An. 1571. there were cited to the Parliament young Lethington, his brother Mr. john Maitland, Prior of Coldingham, Gawan Hamilton, Abbot of Kilwining, with his eldest son, and a base son of the late Archbishop of S. Andrews, Persons forfeited in this Parliament. who were all declared culpable of treason. Young Lethington because of his foreknowledge and counsel given to King Henry his murder, the rest for their rebellion against the King and his Regent's. As in such a troubled time the Parliament was very frequent, for of the Nobility were present, the Earls of Morton, Marre, Glencarn, Crawford, (who some months before had forsaken the Queen's faction, and submitted himself to the King) Buchan and Menteith, the Lord Keith and Graham, as proxies for their Fathers; the Earls of Marshal and Montrosse, with the Lords Lindesay, Ruthven, Glamis, Zeister, Methven, Ochiltrie, Cathcart, two Bishops, nine Abbots and Priors, with twenty Commissioners of burgh's. The forfeiture pronounced, the Estates took counsel to dissolve, because the danger was great, and prorogued the Parliament to the third of August, appointing the same to meet at Striveling. A new Civil war did then break up, The civil war renewed. which kept the Realm in trouble the space of two years very nigh, and was exherced with great enmity on all sides. You should have seen fathers against their sons, sons against their fathers, brother fight against brother, nigh kinsmen and others allied together, as enemies seeking one the destruction of another. Every man as his affection led him, joined to the one or other party, one professing to be the King's men, another the Queens. The very young ones scarce taught to speak had these words in their mouths, and were sometimes observed to divide and have their childish conflicts in that quarrel. But the condition of Edinburgh was of all parts of the country the most distressed, they that were of quiet disposition and greatest substance, being forced to forsake their houses; which were partly by the soldiers, partly by other necessitous people, (who made their profit of the present calamities) rifled and abused. The nineteenth day of May the Regent and other Noblemen leaving the Canon gate, went to Leth, and the next day in the afternoon took their journey towards Striveling, where the ordinary Judges of Session were commanded to sit for ministering justice to the Liege's. As they were taking horse, The Regent goeth to Striveling. the forces within Edinburgh issued forth making show to sight, yet still they kept themselves under guard of the Castle. The Earl of Morton parting from the Regent at Corstorphin, had the foot soldiers left with him to withstand the enemy, if he should make any sudden attempt. Nor did there many days pass when the Earl of Huntley, and Lord Claud Hamilton with their forces enterprised the burning of Dalkeith. Morton, who remained there, being forewarned of their coming, A conflict betwixt Morton and the Lords at Edinburgh. took the fields, and entertained a long fight with them, though in number he was far inferior; divers on either side were killed, 25. of the Earl of Mortons' men taken prisoners, and of the adverse party Captain Hackerston. Neither had the conflict ended so soon, if they had not been separated by an accident that happened in the time. The Earl of Huntley and Lord Claud had carried with them a great quantity of powder, wherewith the soldiers striving to furnish themselves, and one of the matches falling amongst the powder, it took fire, and with a terrible noise overthrew all that stood by, Captain james Melvil and number of his company were thereby killed in the place, many died a few days after of the hurt they received at that time. The Earl of Morton by this invasion being taught to look unto himself, did hire a band of soldiers, The Earl of Morton hireth soldiers. that was lately come from Denmark, under the command of Captain Michael Weymes, or as others write, Captain David Weymes. The Lords that remained at Edinburgh thinking to intercept him and his company, as he crossed the river of Forth, employed Mr. james Kircaldy, brother to the Lord of Grange, (who a few days before was come from France with a supply of money and Arms) and Capt. Cullen a man well skilled in sea affairs, to lie in wait for their landing. But the purpose being detected to the Earl of Morton, he came upon them at Leth as they were taking Boat, so unexpected, as 16. of the number were taken prisoners, which served to redeem certain of Captain Weymes company, that were the next day taken at sea, for he himself with the greatest part arrived safely at Leth. The Regent having advertised the Queen of England of those troubles, and by the common danger of both the Realms, The Queen of England sendeth to Sir William Drury, to try the estate of things. entreated that she should no longer remain a neuter, she sent Sir William Drury Marshal of Berwick to try the estate of things, the power that the Regent had, and the means whereby the Castle of Edinburgh might be recovered; and perceiving by the information returned, that without her assistance neither could that strength be regained, nor the waged soldiers be kept long together; because as yet she held it not fit to declare herself for the King, she began of new to treat with both parties for a surceasance of arms, and that the town of Edinburgh might be freed of the soldiers, & left patent for the Court of Justice, the Captain of the Castle having in the mean time a convenient revenue (for guarding the house) allowed unto him. But this turned to no effect, for the conditions for the surceasance required, could not be agreed unto by either side, for the Regent would have the town of Edinburgh put in the estate, wherein it was at the going of the Commissioners to the Court of England in january preceding and Grange to content himself with such an ordinary garrison as other Keepers of the Castle were accustomed to entertain. The other faction was content to leave the town patent, but so, that neither the Regent, nor the Earl of Morton should come unto it: And for the surety of the Castle, they would have Grange to retain 150. soldiers, besides the ordinary guard, who should lodge in that part of the town, which was nearest unto the same. The conditions of either side rejected, The Lords on the Queen's party hold a Parliament at Edinburgh. they of Edinburgh not to be wanting of the authority of a Parliament, kept a public meeting in the town-house the twelfth day of june (to which day they had indicted a Parliament) where a supplication was presented in name of the Queen bearing, That it was not unknown how certain of her rebellious subjects having imprisoned her person in the Tower of Lochlevin, A supplication presented in name of the Queen. did hereafter constrain her to make a dimission of the Crown in favours of her son, which by the advice of Mr. john Spence of Condy her Advocate she had lawfully revoked; albeit otherwise the same could not subsist, being done without the consent and advice of the Estates, and upon a narrative of her inability and weakness, which any of mean judgement may consider to be a mere forgery, seeing her weakness to govern cannot be esteemed so great, as is the weakness of an insant lying in the cradle, neither can he who hath the present administration of affairs, compare with her in any for aptness and ability to govern. Therefore was it desired that the Nobility and Estates there convened, after they had examined the grounds of the said dimission, and found them in reason naught, should discern the same to be null in all time coming. The supplication once or twice read, The Queen's resignation of the Crown discerned null. it was pronounced as followeth, The Lords Spiritual and Temporal, with the Commissioners of burgh's presently assembled, being ripely advised with the supplication presented, have by authority of Parliament ordained the said pretended dimission, renunciation, and overgiving of the Crown by the Queen, consequently the Coronation of her son, the usurped government of his Regent's, and all that hath followed thereupon, to have been from the beginning null and of no force nor effect, for the reasons contained in the said supplication, and other considerations notour, to the whole Estates. And therefore commands all the subjects to acknowledge the Queen for their only Sovereign, notwithstanding the said dimission, and as it had never been in rerum naturâ. Herewith to conciliate the favour of the Church and people, by another statute they ordained, That none should innovate, alter or pervert the form of Religion, and ministration of Sacraments, presently professed and established within the Realm▪ but that the same should have free course, without any let or impediment to be made thereto. And therewithal the Superintendents, Ministers, Exhorters, and Readers in Churches, were commanded in their public service to pray for the Queen as their only Sovereign, the Prince her son, the Council, Nobility, and whole body of the Commonwealth. These statutes they caused to be proclaimed at the Market Cross the day following, which was the 13th. of june. Sir William Drury finding his labours unprofitable, and preparing to depart, the Lords of Edinburgh would needs of courtesy bring him on the way. The Earl of Morton who lay then at Leth pained with a Colic, hearing that they were in the the fields, and taking it to be done for ostentation of their power: arose from his bed, and putting his men in order, marched to Restalrig, which way they were to pass. Sir William Drury perceiving the companies of Leth in the way, and sorry that his Convoy should have given the occasion, traveled between them, and by his persuasions made them both to retire. But then the question fell, who should first retire, and for this Sir William proponed that he should stand between the companies, and upon a sign to be given by him. both should turn at one instant. The Earl of Morton accepted the condition, A conflict betwixt the Earl of Morton and the Lords at Edinburgh. lest he should offend the Gentleman who had taken such pains amongst them; the others refused, giving forth great brags, that they should make them leave the fields with shame, if they did it not willingly: How soon Morton was advertised of the difficulty they made, he cried aloud, On, on, we shall see who keeps the fields last, and therewith gave so hard a charge. upon them, as they disordered both the horse and foot. The Chase held towards the Watergate, where by reason of the scant and narrow passage many were killed and trod to death, The Lord Home taken prisoner. but the number of prisoner were greater, for there were 150. taken, amongst whom were the Lord Home, and Capt. james Cullen; the Abbot of Kilwining was killed, a Gentleman of good worth, and greatly lamented; for he was of all that faction esteemed most moderate. There died some 50. in all, most of them common soldiers, and of mean account. On Mortons' side Captain Weymis with one only soldier was slain, this conflict happened on Saturday the 28. of june, 1571. Advertisement hereof sent to the Regent, The Regent returneth to Leth. he came the next day to Leth, where first, order was taken with the prisoners, and the Lord Home sent to Tantallan. But he stayed not long there, for the Lord of Drumlanrig being intercepted by Sir David Spence of Wormston, as he was making homewards, an exchange was made of the Lord Home with him. Captain Cullen, a man infamous, and who in the last wars had used great cruelty, was hanged on a Gibbet. The rest upon promise not to serve against the King were dimitted. Resolution than was taken for the Regent's abode at Leth, and the country's attendance upon him by quarters, to keep the adversaries busied, and hinder the victualling of the town. During which time, no day passed without one conflict or other, wherein sometimes the Regent, and sometimes the Queen's party had the better; at this time upon a report carried to the Laird of Grange, that he was commonly called by those of Leth, the Traitor, The combat offered by Grange is accepted, and thereafter by himself declined. he sent a Trumpet to appeal any one of their side to combat, that should dare to affirm so much. The Laird of Garleys' offering to maintain it, time and place were appointed for the sight, and when all were expecting the issue of it, Grange excused himself by the public charge he bore, saying, that it was not thought convenient he should hazard the cause in his own person. Notwithstanding of this great heat amongst the parties, The Queen of England insisteth for peace. the Queen of England ceased not to mediate an accord, and by a letter to the Marshal dated the 19th. of july, willed him to move them of new for an abstinence, offering to send persons of authority and credit to the borders, who should travel to agree them, and remove all differences as well concerning the title of the Crown, as other private matters; and because it was given her to understand, that both parties had indicted Parliaments to August next, she desired that no proceeding should be made therein; either by making of laws, or by denouncing any persons forfeited, and that only they should authorise certain persons to meet with her Commissioners for consulting upon the best means to conclude a solid peace. There was also a letter of safe conduct sent for any one, that Grange would direct unto England (for this he had desired) Lethington excepted, and those that were suspected of the late King's murder. But whether this exception gave the cause, or the daily encouragements sent by the French, none was directed thither. The Regent by his answer of the 27. excused the not yielding to the abstinence, which he said, The Regent excuseth his refuse of the Abstinence. without evident prejudice to the King's cause, could not be granted so long as Edinburgh was detained. For other points he answered, That by himself, without the consent of the Nobility and Estates he could say nothing, but at their meeting in August, her Majesty should receive all reasonable satisfaction. The adversary party in the mean time, nothing relenting of their course, did keep a form of Parliament at Edinburgh the 22. August, and though they were but five persons in all present, that had any voice in the State, A Parliament kept at Edinburgh by the Lords. to wit, two Bishops and three Noblemen, they pronounced above 200. persons forfeited. The Regent advertising the Queen of England how they had proceeded, and what disorder did show the necessity whereunto they that lived in the King's obedience were brought, The Regent kept a Parliament at Striveling. and how it concerned him, and the rest to prosecute what they had justly intended, in regard of their enemy's precipitation. So in the Parliament kept at Striveling the 28. of the same month, sentence of forfeiture was pronounced against the Duke of Chatteller ault and his two sons, the Abbot of Aberbrothock, and Lord Claud, the Earl of Huntley, the Laird of Grange, Persons forfeited in the Parliament. and some others. And for satisfying the Queen of England's desire, the Earl of Morton, Marre, and Glencarn, the Lords Semple, Ruthven, and Glamis, with the Bishop of Orkney, the Abbots of Dunfermlin, and S. Colmes Inche, Sir john Ballendine Justice Clerk, and Mr. james, Mr. Gill Clerk of Register were nominated by the Estates, and Commission given, or to any four, three, or two of that number to treat with such as the Queen of England should appoint upon the differences arisen amongst the subjects by occasion of the late troubles, and for contracting a League offensive and defensive betwixt the two Realms. Of all that did the Regent give notice to the Queen, beseeching her not to press them with any thing that might seem to call the King's authority in question. But before these letters came to her hands, he was killed as ye shall hear. Lord Claud Hamilton having intelligence given him of the security wherein the Regent and Nobility lived at Striveling, An enterprise of the Lord claud Hamilton. and how as in a time of settled peace, they did not so much as keep a watch by night, took resolution to invade them, and was therein greatly encouraged by Cap. George Bell (a man born in Striveling, & one that knew all the passages & streets) who made offerto put him & the company he should bring with him safely in the town. This he communicated to the Earl of Huntley, Walter Scot of Bacleugh, and David Spence of Wormeston, who were all content to join in the enterprise. The second of September, they went from Edinburgh a little before Sunsetting, accompanied with 200. horse and 300. foot, and lest their journey should be suspected they made the rumour go, that they went towards jedburgh, to compose a discord fallen out betwixt the town and the Laird of Fernherst. To ease the footmen they had taken all the horses which came the day before to the Market, and as many as they could otherwise purchase by the way; and so marching with a wonderful confidence (for by the wayall their discourse was, whom they would kill, and whom they would save) they came about the dawning of the day to the town, & found all things so quiet, as not a dog was heard to open his mouth & bark: whereupon having planted the soldiers in the most commodious parts of the town, & enjoined them to suffer no person to come unto the street, they went to the Nobleman's lodgings, which were designed unto them, and found there little or no resistance. The Earl of Morton defended the lodging wherein he was some little time, but fire being put to the house he rendered to the Laird of Bacleugh. The Regent was taken with less ado, his servants making no defence. In like sort were the Earls of Glencarn and Eglinton made prisoners with divers others. The Earl of Marre hearing the noise, issued forth of the Castle with 16. persons only, and entering the back of his new lodging which was not then finished, played with Muskets upon the street, so as he forced them to quit the same. The townsmen and others upon this taking courage, gathered together, and put the enemy to flight, pursuing them so hotly, as they were constrained to quit their prisoners, and some to render themselves to those they were leading captive. The Regent who was Wormestons' prisoner (for to him he had rendered) being carried a little without the Port, when they saw the rescue coming, was shot by Captain Calder, and with the same bullet wormeston (who did what he could to save the Regent) was stricken dead. The death of this Gentleman was much regretted of both factions, The number of the slain on both sides. for that he was for manly courage, and other virtues as well of body as mind, inferior to none of his time. There fell at this time on the Regent's side some 24. amongst whom the most eminent were George Ruthven, brother to the Lord Ruthven, and Alexander Stewart of Garleiss. Of the other side, as many were slain, and divers taken prisoners; amongst whom were the two Captain's Bell and Cawder, who were executed as Traitors. The Lord Claud with the Earl of Huntley, and the rest escaped, and had all been taken, if there had been horses to pursue them; But the Borderers that followed Bacleugh, men accustomed with such practices, had emptied the stables at the first entry into the town. It was certainly a bold enterprise, whereof we will not find many the like in story. So few men leaving their strength to take so long a journey, and enter upon a town full of enemies (for there were in it 500 able and resolute men at least, besides the inhabitants) was a great audaciousness; and then to get in their hands the chief of their adversaries, whereby they were once in a possibility to have returned absolute victors; yea when the course altered, to have saved themselves with so little loss, which held strange, and made the enterprise to be counted no less fortunate, than it was bold and venturous. It was also observed, An ominous speech of the King, being yet a child. and is worth the reporting, that the young King who was brought from the Castle to the Parliament house at their first sitting, after a short speech which they had put in his mouth, espying in the tablecloth, or as others have said, in the top of the house, a little hole, cried out, that there was a hole in the Parliament. An ominous speech, and so interpreted by some that were present, which the event made the more remarkable; for before the Parliament was at an end, a great hole was made in it, by the death of him that began the same. The Regent though the wound was mortal, did not light from his horse till he came to the Castle. By the way when his friends did encourage him, he still answered, If the babe be well (meaning the King) all is well; and being laid in bed and his wound dressed, after they had told him that his bowels were cut, calling the Nobility he spoke unto them a few words to this effect. I am now my Lords to leave you, The Regent's speech to the Nobility. at God his good pleasure, and to go into a world where is rest and peace. Ye know it was not my ambition, but your choice that brought me to the charge I have this while sustained, which I undertook the more willingly, that I was persuaded of your assistance in the defence of the infant King, whose protection by nature and duty I could not refuse. And now being able to do no more, I must commend him to the Almighty God, and to your care, entreating you to continue in the defence of his cause, (wherein I do assure you in God's name of the victory) and make choice of some worthy person, fearing God and affectionate to the King, to succeed unto my place. And I must likewise commend unto your favour my servants, who never have received benefit at my hands, and desire you to remember my love to my wife Meg, (so he was accustomed to call her) whom I beseech God to comfort. This said, he took leave of them all one by one, requesting them to assist him with their prayers, in which he himself continued some hours, and so most devoutly ended his life. A man he was of noble qualities, tried with both fortunes, and if he had enjoyed a longer and more peaceable time, he had doubtless made the Kingdom happy by his government. It is time that we return to the Church, An Assembly of the Church at Striveling. and consider what the estate thereof was amidst the civil dissensions. In the countries where the Queen's faction ruled the Ministers in their prayers did always recommend the Queen as Sovereign, serving the affection of those that commanded in the bounds, albeit the assembly of the Church had otherwise appointed. john Knox, as we showed, had left the town of Edinburgh, and was gone to S. Andrews, where he had strong opposition made him by Mr. Archibald, and Mr. john Hamiltons' professors of Philosophy in the new College, who stood fast to the Queen's cause and drew many of the Students after them. This, together with the grief he conceived of the present troubles, did cast him in a sickness, whereof he never perfectly recovered. And at this time hearing that the Assembly of the Church was met at Striveling, john Knox his letter to the Assembly. he sent unto them a letter, which I thought worthy to be here insert; it was, as followeth. Because the daily decay of natural strength doth threaten me with a certain and sudden departing from the misery of this life, I exhort you brethren, yea in the fear of God I charge you to take heed to yourselves, and the flock over which God hath placed you Ministers. What your behaviour should be, I am not now, nor have I need, as I think, to express, but to charge you to be faithful, I dare not forget. And unfaithful ye shall be counted before the Lord jesus, if with your consent, directly or indirectly, you suffer unworthy men to be thrust into the ministry of the Church, under whatsoever pretext. Remember the judge before whom we must give account, and flee this as ye would eschew hell fire. This will be a hard battle I grant, but there is a second will be harder, that is, to withstand the merciless devourers of the Church patrimony. If men will spoil, let them do it to their own peril and condemnation, but communicate not ye with their sins, of what estate soever they be, neither by consent nor silence, but with public protestation make known to the world that ye are innocent of such robbery, and that ye will seek redress thereof at the hands of God and man. God give you wisdom, strength and courage in so good a cause, and me an happy end. From S. Andrews the thirteenth of August, 1571. In this meeting the Churchmen began to think somewhat more seriously of the policy of the Church then before: A consultation for settling the policy of the Church. for the first draught being neither liked universally among themselves, nor approved by the Council, they saw it needful to agree upon a certain form of government, that might continue. Unto this time the Church had been governed by Superintendents and Commissioners of country's, as they were then named. The Commissioners were alterable, and were either changed, The power of the Superintendents. or had their Commissions renewed in every Assembly. The Superintendents held their office during life, and their power was Episcopal, for they did elect and ordain Ministers, they presided in Synods, and directed all Church censures, neither was any excommunication pronounced without their warrant. They assigned the stipends of Ministers, directing the Collectors (who were then chosen by the General Assembly) to distribute the thirds of Benefices amongst them, as they thought convenient. If any surplusage was found in the accounts, the same was given by their appointment to the supply of the public state; and in such respect were they with all men, as notwithstanding the dissensions that were in the country, no exception was taken at their proceedings by any of the parties, but all concurred to the maintenance of Religion, and in the treaties of peace made, that was ever one of the Articles: Such a reverence was in those times carried to the Church, the very form of government purchasing them respect. But the Church considering that things could not long continue in that estate, the Superintendents being grown in years, and most of them serving upon their own charges, which burden it was not to be hoped, others when they were gone would undergo, thought meet to intercede with the Regent and Estates, for establishing a sure and constant order in providing men to those places, when they should fall void, and settling a competent moyen for their entertainment. To this effect Commission was given to the Superintendents of Lothian, Fife, and Angus, and with them were joined Mr. David Lindesay, Commissioners named to deal with he Regent and Estate. Mr. Andrew Hay, Mr. john Row, and Mr. George Hay. These were appointed to attend the Parliament, and deal with the Regent and Estates, that some course might be taken in that business. But the Regent's death and the troubles which thereupon issued, made all to be continued for that time. The Regent's funerals performed with such solemnity as the time would suffer, and his corpse interred in the Chapel of the Castle of Striveling, the next care was for using a Governor in his place. Archibald Earl of Argile, (who was then returned to the King's obedience) james Earl of Morton, and john Earl of Marre being put in lights, The Earl of Marre elected Regent. the voices went with the Earl of Marre. The fifth of September the election was made, after which the Parliament went on: wherein besides the confirmation of the Regency, certain other Acts passed in favours of those that should happen to be slain in defence of the King his authority. And the Regent bending all his thoughts to the besieging of Edinburgh brought an Army thither about the midst of October, with nine pieces of Artillery taken forth of the Castle of Striveling. Having battered the walls of the town on the Southside, but to small purpose, because of the Rampires and ditches which the defendants had cast up within; he retired himself and his Army to Leth. The rest of the winter was spent in light skirmishes, wherein none of the parties did suffer any great loss. They in Edinburgh had the advantage; for the Castle being situated in an high place, and having a long prospect into all the parts about, gave them warning by a certain sign when their enemies did issue forth, so as seldom they came to handy strokes: once only it happened that in an Ambush laid by them of Leth, two Captains, Hackerton and Michael, who served the Lords in Edinburgh, with 60. of their companies were taken prisoners. This made them of Edinburgh more circumspect in their outgoing ever after that time. In the North parts Adam Gordon (who was Deputy for his brother the Earl of Huntley) did keep a great stir, Adam Gordon deputy for Huntley in the North. and under colour of the Queen's authority committed divers oppressions, especially upon the Forbesses. Arthur Forbes brother to the Lord Forbes (commonly called Black Arthur) a man both of wisdom and courage, had from the beginning of the civil wars, always allowed the King's party, and was at that time labouring to pacify quarrels amongst those of his name, (for they were striving one with another) that they might be the more able to withstand their enemies. In end he prevailed so far, as he brought his friends to condescend upon a time and place of meeting, for taking up their controversies, and building them together in a sure friendship. A conflict betwixt Adam Gordon and the Forbesses. Adam Gordon smelling his purpose, and fearing the consequence of it, used many policies to keep them still divided: but when he perceived the meeting would keep, he resolved to come unto the place, and one way or other to impede the agreement. At his coming he found them treating upon matters, and standing in two companies a good space one from another, and as if he had been ignorant of the purpose, sent to inquire wherefore they made such Convocations. They answered, that they were doing some private affairs, wherein he had no interess. And being commanded to separate and return to their houses, they refused: whereupon he invaded them, and falling on that part where Arthur Forbes stood, in the very joining killed him. The rest seeing him fall, took the flight, and in the chase many were slain; they reckon 120. to have died at that time. Not long after he sent to summon the house of Tavoy pertaining to Alexander Forbes. The Lady refusing to yield without direction from her husband, he put fire unto it, and burned her therein, with children and servants, being 27. persons in all. This inhuman and barbarous cruelty made his name odious, and stained all his former doings; otherwise he was held both active and fortunate in his enterprises. The Lord Forbes having escaped in the conflict came to the Regent, A supply granted by the Regent to the Lord Forbes. and complained for a present supply: he had granted to him 200. footmen under the conduct of two Captains, Chisholm and Wedderburn, with letters to the Noblemen of the country that lay adjacent, to assist. Forbes, gathering his friends, and thinking himself strong enough with the supply he had obtained, made out to search and pursue his enemies. Adam Gordon lay then at Aberdene, and being advertised that the Forbesses were drawing near to the City, Another conflict betwixt the gordon's and Fo●besses. he went forth to meet them. The encounter at the beginning was sharp and furious; but the Forbesses were young men for the greatest part, of small experience, and not under command; and the soldiers not being well seconded by them, after they had fought a while, gave over and yielded. The slaughter was not great, for the conflict happened in the evening, which helped many to escape: Captain Chisholm with most of his company, and some 15. of the name of Forbes were killed; the Master of Forbes and some others were taken prisoners. This good success of the Queen's party in the North, gave hearts to all the faction, and now they began every where to take new courage. In the South the Lairds of Fernherst and Bacleugh did affail jedburgh, a little town, but very constant in maintaining the King's authority. Lord Claud Hamilton belied Paslay. The Castle of Braughtie on the river of Tay was surprised by ... Seaton of Perbroath, and in divers other parts troubles were raised of purpose to divide the Regent's forces, and to withdraw him from Leth, that the town of Edinburgh which was then in some scarcity of victuals, might be relieved. In the month of january an assembly of the Church convened at Leth, An Assembly of the Church at Leth. where after great instance made with the Regent and Council, for settling the policy of the Church, it was agreed that six of the Council, and as many of the Assembly should be selected to treat, An. 1572. reason, and conclude upon that business. For the Council james Earl of Morton Chancellor, William Lord Ruthven Treasurer, Robert Abbot of Dunfermlin Secretary, Commissioners named for the Council and Church. Mr. james Macgill Keeper of the Rolls, Sir john Bellenden Justice Clerk, and Colin Campbel of Glenorchy were named; and for the Church, john Ereskin of Dun Superintendent of Angus, Mr. john Winraine Superintendent of Fife, Mr. Andrew Hay Commissioner of Claddisdale, Mr. David Lindesay Commissioner of the West, Mr. Robert Pont Commissioner of Orkney, and Mr. john Craig one of the Ministers of Edinburgh. These twelve convening after divers meetings, and long deliberation, grew to the conclusions following. 1. That the Archbishoprics and Bishoprics presently void, Articles agreed unto by the Council and Church. should be disponed to the most qualified of the Ministry. 2. That the spiritual jurisdiction should be exerced by the Bishops in their Diocese. 3. That all Abbots, Priors, and other inferior Prelates, who should happen to be presented to Benefices, should be tried by the Bishop or Superintendent of the bounds concerning their qualification and aptness to give voice for the Church in Parliament, and upon their collation be admitted to the Benefice, and not otherwise. 4. That so the Bishoprics presently void, or that should happen hereafter to fall, the King and the Regent should recommend fit and qualified persons, and their elections to be made by the Chapters of the Cathedral Churches. And forasmuch as divers of the Chapters Churches were possessed by men, provided before his Majesty's Coronation, who bore no office in the Church, a particular nomination should be made of Ministers in every Diocese, to supply their rooms until the Benefices should fall void. 5. That all Benefices of Cure under Prelacies, should be disponed to actual Ministers, and to no others. 6. That the Ministers should receive Ordination from the Bishop of the Diocese, and where no Bishop was as yet placed, from the Superintendent of the bounds. 7. That the Bishops and Superintendents at the Ordination of Ministers should exact of them an oath for acknowledging his Majesty's authority, and for obedience to their Ordinary in all things lawful, according to the form then condescended. Order also was taken for disposing of Provestries, College charges, and Chaplanries', and divers other particulars most profitable for the Church, as in the records extant may be seen, which were all ordained to stand in force until the King's majority, or till the Estates of the Realm should otherwise appoint. In August thereafter, An Assembly of the Church at Perth. the Assembly of the Church meeting again at Perth, report was made of these conclusions, and exception taken by some at the titles of Archbishop, Dean, Archdeacon, Chancellor, and Chapter, as being Popish and offensive to the ears of good Christians; whereupon it was declared, that by using these titles they meant not to allow of Popish superstition in any sort, wishing the same to be changed in others not so scandalous. As the name of Bishop to be hereafter used for Archbishop, the Chapter to be called The Bishop's assembly, the Dean to be called The Moderator of the said assembly; And for the titles of Archdeacon, Chancellor, Abbot, and Prior, that some should be appointed to consider how far these functions did extend, and give their opinion for the interchange thereof with others more agreeable to the Word, and the policy of the best reformed Churches, reporting their opinions at the next Assembly. But I do not find that any such report was made; like it is the wiser sort esteemed there was no cause to stumble at titles, where the office was thought necessary and lawful. A protestation always was made, that they received these Articles for an interim, till a more perfect order might be obtained at the King his Regent, and the Nobilities hands. According to these conclusions Mr. john Douglas Provost of the New College of S. Andrews, was provided to the Archbishopric of that See, Mr. james Boyd to the Archbishopric of Glasgow, Mr. james Paton to the Bishopric of Dunkeld, and Mr. Andrew Ghram: to the Bishopric of Dumblane. About the end of january, The Lord Ruthven sent to assist the town of jedburgh. the Regent advertised of the peril wherein the town of jedburgh stood, and of the great preparation, that Fernherst and Bacleugh made to surprise it, (for they had besides their own forces drawn all the people of Esk, Ewis, and Liddesdale, to join with them in hope of spoil, and from the English Borders, divers that were given to robbery to the number of 3000. and above) sent the Lord Ruthven with some forces to defend them. Before his coming, Walter Ker of Cesford a man of good worth, who had ever assisted the King's party, was joined with them. Their enemies notthelesse esteeming themselves strong enough by reason of their numbers, went forwards with an assurance of victory. The Lord Ruthven having notice given him by the way of their diet, and the time they had appointed to invade the town, did use the more speed, and came in sight thereof just as the enemies appeared. They fearing to be enclosed betwixt the town, (who showed themselves in the fields ready to fight) and the forces the Lord Ruthven brought with him, did presently retire and give back. Fernherst and Bacleugh went to Hawick, and were followed the next day by the Lord Ruthven, who came upon them so unlooked for, as they were cast into a great fear. The principals that had horses fled away, the rest betook them to a little bush of wood, where being environed on all sides, they yielded at discretion: the prisoners were many, of whom some few were retained as pledges, and the rest dimitted upon promise to enter themselves at a certain day. The rest of the winter and all the next spring was spent in light skirmishes, with small loss on either side, for they of the Queen's faction did seldom come to the open fields, or if they showed themselves at any time, upon the first onset, they took the flight, and retired to the town. Whilst matters did thus proceed in the Queen of Scots quarrel at home, The Bishop of Ross called inquestion for the Queen's marriage with Norfolk. the Bishop of Ross in England renewed the purpose of marriage with the Duke of Norfolk, and practised with divers for setting the Queen at liberty. This being discovered, the Duke was committed to the Tower of London, and being arraigned at Westminster Hall the 16. of january was convicted of Treason and condemned to die, yet was the execution delayed to the june after. The Bishop of Ross called also in question, defended himself by the privileges of his Ambassage, saying, That he had done nothing but what his place and duty tied him unto, for procuring the liberty of his Princess; and that he came unto England with sufficient authority, which he had showed, and was at the time accepted. When it was replied, that the privileges of Ambassadors could not protect them, who did offend against the Majesty of the Princes they were sent unto, and that they were not to be reputed other than enemies, who practised rebellion against the State: He answered, that he had neither raised nor practised rebellion; but perceiving the adversaries of his Princess countenanced, and her out of all hope of liberty he could not abandon his Sovereign in her affliction, but do his best to procure her freedom. And that it would never be found that the privileges of Ambassadors were violated, via juris, by course of law, but only via facti, by way of fact, which seldom had a good success. After long altercation he was sent to the Isle of Ely, and from thence brought and imprisoned in the Tower, The Bishop of Ross imprisoned at Ely. where he remained nigh two years. Some ten days after Norfolk's execution, the Queen of England directed certain of her Council to the Queen of Scots, to expostulate with her for making suit to the Pope and King of Spain, The Duke of Norfolk executed. and for receiving letters from the Pope, together with a sentence declaratory published against herself, whereunto (after protestation that she was a free Queen, Certain of the Council directed to the Queen of Scots. and subject to none) she answered, that she had indeed by letters solicited both the Pope and King of Spain, for restoring her unto her Kingdom, which was no prejudice to the Q. of England, that she had received godly and consolatory letters from the Pope. But for the sentence given by him, she never knew thereof, till a printed copy was brought unto her, which after she had read, she did cast into the fire. These answers did not satisfy the Q. of Engl. who having understood that she had entered in a secret confederacy with the Spaniard, kept her from that time in a more strict custody then before. Yet at the request of the French King, she sent of new Sir William Drury unto Scotland to treat for peace; and if that could not be wrought, to procure a cessation of Arms for a certain space. But he prevailed nothing, the wars being then very hot, The Queen of England● reateth for peace among the parties. and the parties mightily incensed against others. No quarters were given, nor interchange of prisoners made, but all that were taken on either side, presently executed. This device was held to proceed from the Earl of Morton, who thought the troubles would not hastily cease, if a greater severity were not used towards them who withstood the King's authority. But whose device soever it was, it proved exceeding hateful. The common sort taking it to have come of Morton, called the wars of that time the Douglasses wars. This form of doing continued from the 16. of April to the 8. of june, at which time both parties wearied of execution daily made, were content to cease from such rigour, and use fair wars, as in former times. In the North Adam Gordon after the Forbesses were defeated found no resistance, and following his fortune, reduced all beyond the river of Dee to the Queen's obedience. To impede his proceedings (for he had entered then into the country of Mernis, and was besieging the house of William Douglass of Glenbervy) The Regent directed the Earl of Crawford and Buchan, The Earls of ●tawford and Buchan directed against Adam Gordan. with the Lord Glamis, and Master of Marshell. These Noblemen meeting at Brichen, and waiting there till forces should assemble. Adam Gordon came upon them in the night, and killing the watches that were placed at the Bridge on the North side of the town, had very nigh taken them all in bed, but they wakened by the noise of the Trumpets, espcaped, many were taken prisoners, and some 39 persons slain within the City. This done, he besieged the town of Montross, and forced them to pay a great sum of money which put the town of Dundy in such fear, as they were driven to seek aid of their Neighbours in Fife. At the same time the Castle of Blacknes, The Castle of Blacknes betrayed by the Keeper. a Fort on the Southside of the river of Forth, was sold by the Keeper to the hamilton's, and thereby the Navigation, betwixt Leth and Striveling barred, at Edinburgh were divers skirmishes betwixt them, and the companies that lay at Leth; and (which was greatly lamented of both parties) the Lord Methven killed by a shot of Cannon from the Castle. The Duke in the mean time, having proclaimed a Justice Court at Hamilton, and divers persons within the Sheriffdom of Ranfrew and Lennox, to answer to certain crimes, whereof they were delated. The Regent prepared to keep the diet, and leaving the Earl of Montross, and the Lord Lindesay, to follow the service at Leth, took journey to Glasgow, and from thence to Hamilton. But neither the Duke nor any in his name appearing to hold the Court, he appointed the Lord Semple Lieutenant in those West parts for the King, and returned to Striveling. He had intended an expedition in the North, Ambassadors from France and England. but upon advertisement that two Ambassadors were arrived at Leth, he turned thither; The one was Monsieur de Crock employed by the French, the other Mr. Randolph, by England, who professed both of them to be sent for negotiating a peace amongst the parties; yet was it thought the French did not much affect the peace. For even then the Lord Fleming came from France with moneys to pay the soldiers that served the Lords at Edinburgh. The Lord Fleming unhapp●y killed. This Nobleman some ten days after walking in the street, was unhappily wounded in the knee by the shot of an Harquesk, whereof he died the sixth of September. As to the Queen of England, howbeit she desired peace to be made, yet she would have it in such manner, as both factions might depend on her, and so she had carried herself in all the late treaties, as however she favoured the King's party most, the other party did never despair of her good will. The two Ambassadors having tried the minds of both parties, A cessation from war concluded. they found them more tractable than they expected, and after some travel taken amongst them, obtained a cessation of Arms, and for the space of two months, (continuing from the first of August, to the first of October) upon the conditions following. 1. That the Regent, The Anicles of Ab●●●ence. and all other subjects of the Realm partakers with them in the present troubles, should faithfully promise during the said space, to abstain from all hostility. 2. That before expiring of the said Abstinence, the Nobility and Estates should convene and advise upon the best means to establish a final peace, and if any difficulty should arise in the said treaty, which amongst themselves could not be composed, that the same should be remitted to the determination of the most Christian King and Queen of England. 3. That the town of Edinburgh should be set at liberty, and made patent to all the subjects, and no place thereof be withholden, or fortified with Garrisons, the Castle only excepted, which before these troubles arose, was accustomed to be kept and guarded with soldiers. 4. That all the subjects of whatsoever quality and condition they were, should freely converse together without trouble or molestation, to be offered them by word or deed, excepting such as should be found guilty of the murder of the King his Father and Regent's. The thiefs and broken men of the Borders and Highlands with the disturbers of the public peace, betwixt the Realms of Scotland and England, none of which should be comprised in the present Abstinence, but remitted to the trial and censure of the Common law, and wheresoever they might be apprehended, presented. 5. And last, because there were divers persons, who in the time of these troubles had possessed themselves in other men's lands, and the tenth whereof in that season were to be collected; To the effect no impediment should be made to the peace intended, it was agreed that the corns and fruits growing upon the said lands, should be gathered and put in Granges, or stalked upon the fields, and not applied to any private use, before the expiring of the Abstinence. These Articles were published the first day of August, both at Edinburgh and Leth, and the same day the Duke with the Earl of Huntley and their followers departed from Edinburgh, leaving the town free, and patent, as was agreed. This beginning of peace joyed not a little the good subjects, for which public thanks were given in all the churches, and solemn prayers made for the continuance, and perfection thereof. At this time or much about the same, the Earl of Northumberland, who had been kept a long time at Lochlevin, was delivered by the Earl of Morton to the Lord Hunsden Governor of Berwick, and shortly after beheaded at York. Hereat many did offend, esteeming the fact dishonourable, and a discredit to the whole nation: others did excuse it by the necessity of the time, and the inconvenience that the public affairs might receive, if the Queen of England should be in any sort displeased. But so much the worse it was taken, that as the rumour went, Morton received for his delivery in England a great sum of money, and so the Nobleman thought rather to be sold, then delivered. The next day after the publication of the Abstinence, the Regent and Nobility adhering to the King did enter into Edinburgh, where the Ambassadors after thanks given them for their pains they had taken were courteously dimitted; It was the 27 of September, some three days only before the expiring of the Abstinence, that the Noblemen ●id meet (as was appointed) to consult upon the means of a perfect peace. Whereupon it was first agreed that the Abstinence should be prorogued unto january next, after that, falling to treat of the business itself, they agreed in many points, and even then had made a final accord, if the Laird of Grange had not marred the same with his petitions; These were as followeth. 1. He craved a discharge to himself, and all that were in the Castle of all things, which they or any of them had committed since the beginning of the troubles, and that all Acts, Decrees, and Sentences pronounced against them, either in Parliament. secret Council, or before the Justice general, and his Deputies might be declared null, and of no effect. 2. That they should be repossessed in their rooms, heritage's, and possessions, without any challenge to be made thereafter of the same by whatsoever person or persons. 3. That the heirs of the Lord Fleming, the Lord of Wormeston, and others who were slain in the Queen's cause, might enter to their heritage and rooms, as though they had never been forfeited. 4. That the Castle of Edinburgh should be consigned in the hands of the Earl of Rothes, with the whole furnishing, munition and rent belonging there to the Captain, making an account of the Jewels, and other goods which he received with the house. As also restoring all the goods of the people of Edinburgh that were put in his custody, which he was content to do, he being freely discharged of all, and secured by Act of Parliament. 5. That the Castle of Blacknes should be put in the keeping of some one of their side, and the rents appertaining thereto, assigned for the entertainment of a Garrison within the same. 6. In respect of the great debt he had contracted in these wars he craved the sum of twenty thousand marks to be given him for satisfying his creditors. 7. That the Earl of Morton should resign the superiority of the lands of Grange, and other lands annexed thereto, to be holden of the Crown in all time coming. And lastly, that the Lords within the Castle might be licenced to go into the Kingdom of France, or any other country they pleased forth of Scotland; and that the Earl of Rothes should be surety for the accomplishment the whole premises. These Articles being presented to the Regent and Council, The Regent and Council do answer to the Articles. were for the first three judged reasonable; but to commit any places of strength to others than those who had constantly adhered to the King, they esteemed it not safe, and to give him any recompense, that was known to be the author of the last troubles, they said it would be a matter of ill ensample. For the licence craved to those of the Castle to go out of the country, they held the petition very suspicious, and could not think there was a sound meaning in them that had moved the same: yet was it not thought meet to answer him by a simple denial at that time, but rather to keep him in hope, and appoint a new diet for pursuing the treaty begun. Thus by consent the Abstinence was prorogued, and the last of Octob. assigned for a new meeting at Perth. The delay grieved the Regent exceedingly, The Regent dieth at Striveling. and (as it was supposed) partly for this, and partly for the cross he found in the public affairs he contracted a sickness, whereof he died at Striveling the eighth of October. The adversary faction flattering themselves in their own conceits made the like construction of his death, which they had made of the other Regent's that proceeded: saying, that it was an evident sign of God's displeasure with the present courses, and that none of those who joined in the enterprise against the Queen could prosper better. But to measure God's love or hatred by these outward accidents, is folly; seeing they fall out alike to all both good and wicked: and for this Nobleman howsoever he was taken away to the country untimely, he died happily for himself, and well reported of all. Before his dying, He commendeth the care of the King's p●rson to his Lady and Brother. he commended the care of the King's person in most earnest manner to his Lady, and to Alexander Ereskin his brother appointing him keeper of the Castle till his son should be grown up, and be of a perfectage, and giving most wise directions both for the one and the other, ended his days in great quietness and in the assurance of that better life. In the next month john Knox, The description of Io●n Knox his life and death. who had returned a little before to Edinburgh, departed this life. The Reader will pardon me, if here I make a little digression to show what a man this was both in his life and death, the rather because some malicious and wicked spirits have studied by many forged lies to deprave his fame, only out of hatred of true Religion, whereof he was a zealous promover. He was born in Gifford within Lothian, of a mean but honest parentage, and being put to school, made such profit in his studies under that famous Doctor Mr. john Major, as he was held worthy to enter into orders before the years allowed. By reading the ancients, especially the works of S. Austen, he was brought to the knowledge of the truth, and for the profession thereof endured many troubles, as well in the Cardinal's life, as after his death. Having happily escaped these dangers, he went into England, and became a Preacher of the Gospel, making his chief abode in the towns of Berwick and Newcastle. In the beginning of Queen Mary's persecution, he fled in the company of some other Ministers to Geneva, and served with them in an English Congregation, which was there gathered, until the year 1559. at which time he was called home by the Noblemen that enterprised the Reformation, and how soon the Church got liberty, placed Minister at Edinburgh; in this charge he continued to his last, for the civil troubles which forced him to leave the town, ceased no sooner than he returned to the place. But his body grown infirm, and his voice so weak, as people could not hear him, teaching in the ordinary place, he made choice of another more commodious within the town, reading to his auditory the history of the Passion, in which he said, It was his desire to finish and close his Ministry. Thus he continued preaching, though with much weakness, two months and more after his return, and knowing that he was not to remain a long time with them, he was instant with the Council of the town to provide themselves of a worthy Parson to succeed in his place. Mr. james Lawson admitted Minister at Edinburgh. Mr. james Lawson, who at that time professed Philosophy in the College of Aberdene, being commended for a good Preacher, Commissioners were directed from the Superintendent of Lothian, the Church of Edinburgh, and Mr. john Knox himself, to desire him to accept the charge. To the letter that the Commissioners carried, after he had set his hand, he added this Postscript, Accelcra, mifrater, alioqui serò venies, make haste brother, otherwise you come too late: meaning that if he made any stay, he should find him dead, and gone. These last words moved Mr. Lawson to take journey the more quickly; when he was come to the town, and had preached once or twice to the good liking of the people, order was taken by the Superintendent for his admission, and the Diet appointed, at which john Knox himself would be present, and teach, though he could scarcewalk on foot to the chair. At no time was he heard to speak with greater power, and more content to the hearers, and in the end of his Sermon, calling God to witness that he had walked in a good conscience amongst them, not seeking to please men, nor serving either his own or other men's affections, but in all sincerity and truth, preached the Gospel of Christ, with most grave and pithy words he exhorted them to stand fast in the faith they had received: and having conceived a zealous prayer for the continuance of God's blessings upon them, and the multiplying of his spirit upon the Preacher, who was then to be admitted, he gave them his last farewell. The people did convey him to his lodging, and could not be drawn from it, so loath they were to part with him, and he the same day in the afternoon, by sickness was forced to take bed. During the time he lay, john Knox his speech to the Earl of Morton. (which was not long) he was much visited by all sorts of persons, to whom he spoke most comfortably, amongst others to the Earl of Morton that came to see him, he was heard say, My Lord, God hath given you many blessings, he hath given you wisdom, riches, many good and great friends, and is now to prefer you to the government of the Realm. In his name I charge you, that you use these blessings aright, and better in time to come, nor ye have done in times past. In all your actions seek first the glory of God, the furtherance of his Gospel, the maintenance of his Church and Ministry, and next be careful of the King, to procure his good and the welfare of the Realm. If ye shall do this, God will be with you and honour you; if otherwise ye shall do it not, he shall deprive you of all these benefits, and your end shall be shame and ignominy. These speeches the Earl nine years after, at the time of his execution, called to mind, saying, that he had found them to be true, and him therein a Prophet. His last speech to the Ministers. A day or two before his death, His last speech to the Ministers and Elders of the Church. he sent for Mr. David Lindesay, Mr. james Lawson, and the Elders and Deacons of the Church, to whom he said, The time is approaching for which I have long thirsted; wherein I shall be relieved of all cares, and be with my Saviour Christ for ever. And now God is my witness whom I have served with my spirit in the Gospel of his Son that I have taught nothing but the true and solid doctrine of the Gospel, and that the end I proponed in all my preaching was, to instruct the ignorant, to confirm the weak, to comfort the consciences of those who were humbled under the sense of their sins, and bear down with the threaten of God's judgements such as were prou● and rebellious. I am not ignorant that many have blamed, and yet do blame my too great rigour and severity, but God knows, that in my heart I never hated the persons of those against whom I thundered God's judgements. I did only hate their sins, and laboured at all my power to gain them to Christ. That I forbear none of whatsoever condition, I did it out of the fear of my God, who had placed me in the function of the Ministry, and I knew would bring me to an account. Now brethren for yourselves I have no more to say, but to warn you, that you take heed to the flock, over whom God hath placed you overseers, and whom he hath redeemed by the blood of his only begotten son. And you, Mr. Lawson, fight a good fight, do the work of the Lord with courage, and with a willing mind, and God from above bless you and the Church, whereof you have the charge. Against it, so long as it continueth in the doctrine of truth, the gates of hell shall not prevail. This spoken, The Ministers carry a Commission to the Laird of Grange from john Knox. and the Elders and Deacons dimitted, he called the two Preachers unto him, and said, There is one thing that grieveth me exceedingly, you have sometime seen the courage and constancy of the Laird of Grange in God's cause, and now unhappy man he hath cast himself away. I will pray you two, take the pains to go unto him, and say from me, that unless he forsake that wicked course wherein he is entered, neither shall that rock in which he confideth, defend him, nor the carnal wisdom of that man whom he counteth half a god (this was young Lethington) make him help, but shamefully he shall be pulled out of that nest, and his carcase hang before the Sun. The soul of that man is dear unto me, and if it be possible, I would fain have him to be saved. They went as he had desired, and conferred a long space with Grange, but with no persuasion could he be diverted from his course; which being reported, he took most heavily. The next day he gave order for making his Coffin, He giveth order for making his Coffin. wherein his body should be laid, and was that day (as through all the time of his sickness) much in prayer, ever crying, Come Lord jesus, sweet jesus in thy hands I commend my spirit. Being asked by those that attended him, if his pains were great, he answered, that he did not esteem that a pain, which would be to him the end of all trouble, and beginning of eternal joys. Oftentimes after some deep meditations, he burst forth in these words: O serve the Lord in fear, and death shall not be terrible to you. Blessed is the death of those, that have part in the death of jesus. The evening which was to him the last of this wretched life, having slept some hours together, but with great unquietness (for he was heard to send forth many sighs and groans) Robert campbel Knize cleaugh, and john johnston (called of Elphinston) which two gave diligent attendance upon him, asked after he awaked, how he did find himself, and what it was that made him in his sleep mourn so heartily? to whom he answered, In my life I have often been assaulted by Satan, and many times he hath cast in my teeth my sins to bring me into despair, yet God gave me to overcome all his temptations; and now that subtle Serpent, who never ceaseth to tempt, hath taken another course, and seeks to persuade me; that my labours in the Ministry, and the fidclity I have showed in that service, hath merited heaven and immortality. But blessed be God who brought to my mind these Scriptures: What hast thou, that thou hast not received? and, Not I, but the grace of God in me. With which he is gone away ashamed, and shall no more return, and now I am sure my battle is at an end, and that without pain of body or trouble of spirit I shall shortly change this mortal and miserable life, with that happy and immortal life, which shall never have end. The prayers which ordinarily were read in the house being ended, it was inquired, if he heard them; he answered, Would to God you had heard them with such an ear and heart, as I have done: adding, Lord jesus receive my spirit. After which words, without any motion of hands or feet, as one falling asleep, rather than dying, he ended his life. He was certainly a man endued with rare gifts, and a chief instrument that God used for the work of those times. Many good men have disliked some of his opinions, as touching the authority of Princes, and the form of government, which he laboured to have established in the Church: yet was he far from those dotages wherein some that would have been thought his followers, did afterwards fall; for never was any man more observant of Church authority than he, always urging the obedience of Ministers to their Superintendents, for which he caused divers acts to be made in the Assemblies of the Church, and showed himself severe to the transgressors. In these things howsoever it may be he was miscarried, we must remember that the best men have their errors, The History given forth in his name was not of his inditing. and never esteem of any man above that which is sitting. As to the history of the Church, ascribed commonly to him, the same was not his work, but his name supposed to gain it credit; for besides the scurril discourses we find in it more fitting a Comedian on a stage, than a Divine or Minister, such as Mr. Knox was, and the spiteful malice that Author expresseth against the Queen Regent; speaking of one of our Martyrs, he remitteth the Reader to a further declaration of his sufferings to the Acts and monuments of Martyrs set forth by Mr. Fox an English man, which came not to light some ten or twelve years after Mr. Knox his death. A greater injury could not be done to the fame of that worthy man, then to father upon him the ridiculous toys and malicious detractions contained in that book. But this shall serve for his clearing in that particular. He died the 27. of November in the 67. year of his age, and had his body interred in the Churc-yard of S. Giles. In the end of this month the Estates convening to elect a Regent made choice of the Earl of Morton, The Earl of Morton elected Regent. as the man in that time of greatest courage and counsel. The oath accustomed being ministered unto him, because through the last Regent's death, the meeting appointed at Perth had failed: First, a conclusion was taken for calling a Parliament at Edinburgh the 26. of january, next the custody of the King and Castle of Striveling, was confirmed to Alexander Areskin, the Earl of Marre, being then under age, and he enjoined to receive none within the house that was known to be Popishly affected, or of the Queen's faction; for others it was ordained, that an Earl accompanied with two servants only, a Baron with one, and private persons them alone (but all unarmed) should have access permitted, when their occasions required. Rules given to the Regent for his government. To the Regent himself it was enjoined, That if any place or office should fall void, he should prefer none thereto but such as was sound in Religion, and for other qualities apt and worthy. That during his Regency, he should grant no respites, nor remissions for heinous crimes. That he should not transport the King forth of the Castle of Striveling, without the advice of the Council. That he should grant no favour to the murderers of the King's Father and Regent's. That he should neither enter into league with forainers, nor denounce war without the consent of the Estates. And that he should be careful to entertain the amity contracted with the Queen of England. The Estates on the other part did promise to assist him with all their power against the King's enemies, and to join with him in the reformation of whatsoever abuses crept in by occasion of the late troubles, without offending at the execution of justice upon their nearest and dearest friend. Order was also taken for the entertainment of his house, the settling of a resident Council, and the advancing of the revenues of the Crown to the best profit. And these were the things done in that meeting. Soon after came Sir Henry Killigrew Ambassador from England, Sir Henry Killigrew sent from England. partly to declare the content which the Queen had received in the choice of the Earl of Morton to be Regent, and partly to renew the Abstinence which was then near the expiring. Herein he prevailed so far with the Duke and Huntley, A treaty of peace. as they were brought not only to prorogate the Abstinence, but also to name certain Noblemen, who should meet for them at Perth, with such as the Regent by advice of the Council should nominate, The Laird of Grange refuseth to be comprehended in the treaty. for concluding a perfect peace. The Laird of Grange, and those that remained with him in the Castle, refusing to be comprehended in that treaty, went on in victualling and fortifying the house; for impeding whereof, the Regent did levy some companies of soldiers to enclose the Castle, and because the time of Parliament was approaching, he caused erect Bulwarks in divers places of the street, to secure the people at their meetings to Sermon, and the Judges that convened to the ministration of Justice. Grange finding himself thus penned up, did by a Proclamation from the Castle wall, command all the Queen's subjects to depart forth of the town within the space of 24. hours. The time expired, he made the Cannon thunder upon the town to the great terror of the Inhabitants, yet there was no great hurt done that way; which when he perceived, he hired one of his soldiers to set fire in the night time to some houses under the wall, He molesteth the town of Edinburgh, and fireth the houses. which destroyed a number of tenements: for a strong Western wind blowing in the time, the fire did so rage, as from S. magdalen's Chapel Westward all was consumed, none daring to put hand to quench the fire, because of the Canon that played still on the part where they saw any concourse of people. This made him extremely hated, and even they that otherwise wished him well, were greatly offended with this doing. The Parliament notthelesse kept, A Parliament kept at Edinburgh. and three in divers Acts were mode partly for maintaining the King's authority, partly for preservation of true Religion, which causes were held in those days so conjoined, as the enemies of the one, were likewise esteemed enemies to the other. Therefore was it then enacted, That none should be reputed loyal and faithful subjects to the King, or his authority, but be punished as rebels, who made not profession of true Religion. And that all such as made profession thereof, and yet withstood the King's authority, should be admonished by their teachers, to acknowledge their offence, and return to his Majesty's obedience; and if they refused, that they should be excommunicated, and cut of from the society of the Church, as putrid and corrupted members. The Parliament breaking up, the Regent by advice of the Council directed to the meeting at Perth, the Earl of Argile then created Chancellor, the Earl of Montrosse, the Abbot of Dunfermlin Secretary, the Lords Ruthven, Boyd, and Sir john Ballenden Justice Clerk. The pacification concluded at Perth. There met with them the Earl of Huntley, and Lord john Hamilton, Commendatory of Aberbrothock, authorised by the rest that maintained the Queen's authority. The English Ambassador assisting them, after some days conference, they were brought to agree upon these Articles. 1. That all persons comprehended in the present pacification should acknowledge and profess the true Religion established and professed within the Realm, and maintain the Preachers and professors thereof, against all opposers, specially against the confederates of the Council of Trent. 2. That the Earl of Huntley, and Lord john Hamilton, with their friends and followers, should submit themselves to the King, and to the government of the Earl of Morton his Regent and his successors in the same, acknowledging themselves the King's subjects by their oaths and subscriptions. 3. That they should confess all things done by them, under colour of any other authority, since the time of his Majesty's Coronation, to have been unlawful, and of no force nor effect. 4. That an Act of Parliament should be made with all their consents, ordaining that none of the subjects should assist, fortify, supply, or show any favour, directly, nor indirectly, to those who should happen to practise against the religion presently professed, the King's person, his authority, or Regent. And if they should be tried to do any thing to the contrary, the remissions granted to them, with all other benefits of the pacification, should be null, and they pursued for their offences past, as if they had never obtained pardon for the same. 5. That all persons professing his Highness' obedience, who had been dispossessed during the late troubles, should be reponed to their houses, lands, livings, benefices, and whatsoever goods belonging to them, if so the same were extant in the hands of the intrometters, horses and armour only excepted. 6. That the Master of Forbes, james Glen of Bar, and all other persons should be set at liberty, as likewise the bonds given by the Lord Semple and others for entry of prisoners, or for payment of any ransoms, be discharged. 7. That the Earl or Huntley and Lord john Hamilton should dimit, and cause all soldiers hired or maintained by them, or any of their party to be forthwith dimitted. 8. That all processes of forfeiture which had been led, especially the sentences given against the Earl of Huntley, Lord john Hamilton, and Lord Claud his brother, William Bishop of Aberdene, Alexander Bishop of Galloway, Adam Gordon of Awchindown, and the rest of their friendship, for any crimes or offences done in the common cause; against the King and his authority, since the 15th of june 1567. or for any other cause, contained in the summons of forfeiture raised against them, should be declared null, and of no force, without any other special declaration. And that the foresaid persons should have liberty given them, to reduce the said forfeitures as they should please. 9 That all persons then returning, or who should return to the King's obedience, and for any crime committed in the said common cause since the time aforesaid, had been dispossessed of their lands, heritage's, Benefices, Pensions, heritable offices, and other profits whatsoever, whether the same had proceeded upon sentences of forfeiture or barratry, or any other way, should be effectually restored, and be rehabiliated to their bloods and honours; to the end they might enjoy the same as freely as if the said troubles had never happened. 10. That all actions, crimes, and transgressions committed by them and their sollowers since the 15th of june 1567. (incest, witchcraft, and theft excepted) should be freely remitted, so as the same did not extend to the murder of the first and second Regent's, which are matters of such importance, as the Regent now in place would not meddle with. And yet in respect of the present pacification, if the same be moved to the Queen of England by the Commitrees thereof; whatsoever she should advise to be done therein, should be confirmed in Parliament, and the remission under the hand of the Clerk of the Rolls, be as sufficient, as if the same were passed the great Seal. And if any of them should crave a pardon for other crimes committed before the said 15th day, the same (upon notice given of the persons, and crimes) should be granted; the murderer of the King's father, fire raising, theft, and the resset of theft, with incest, and witchcraft, being excepted. 11. That all civil decrees given since the said 15. of june, wherewith the said persons or any of them do find themselves grieved, should be reviewed by the ordinary Judges that pronounced the same, and the parties upon their supplications be heard to propone any lawful defence, which they might have used in the time of the deduction of the process: providing the supplications be presented, and their petitions exhibited within six months after the date of these Articles. 12. That all persons comprehended in the pacification, after publication thereof, should indifferently be received in all parts of the Realm, as his Majesty's good subjects; and that nothing done, or that hath occurred during the troubles, should be esteemed a cause of deadly feud and enmity, nor admitted as an exception, either against Judge, party, or witnesses. 13. That the heirs and successors of persons forfeited, and now departed this life, who are comprehended in this pacification, should be restored to their lands and possessions: and that it should be lawful for them to enter thereto by Breves, as if their fathers and predecessors had never been forfeited, and had died at the King's peace; specially the heirs of john sometime Archbishop of S. Andrew's, Gawan Commendator of Kilwining, Andrew Hamilton of Cocknow, and Captain james Cullen. Unto these Articles some other particulars were added which were all confirmed by the oaths, A time given to those of the Castle to accept the pacification. and subscriptions of the Commissioners and Noblemen, in presence of the English Ambassador, and a time given to Grange and those of the Castle, to accept or refuse the benefit of the peace. But that none excepted in the former Abstinence, nor any at that time forth of the Realm should think themselves comprehended therein; it was declared, that the benefit of the present pacification, should not be extended to them. This was done to exclude the Archbishop of Glasgow, and Bishop of Rosse, Ambassadors for the Scottish Queen, the one in France, and the other in England, against whom the sentence of Barratry had been pronounced. About this time Sir james Kirkaldy brother to Grange, Sir james Kirkaldy returneth from France. who had been directed to France for supply of those within the Castle, returned, bringing with him a years rend of the Scottish Queen's Dowry, but finding the house enclosed, and that there was no safe access thereto, he went to Blackness, which then professed to hold for the Queen. The Captain had betrayed the same, as we showed before, to the hamilton's, and now turning his coat to make his peace with the Regent, He takes land 〈…〉 Captain to the Regent. he offered to put in his hand both the man and the money. The bargain made, the money was given to the Regent, and Kirkaldy detained as prisoner. A few days after, the Captain going abroad to do some business, Kirkaldy enticed the soldiers by great promises to join with him, and lay hands upon the Captain's brother, and a few Gentlemen left to attend him: which they following their Captain's ensample, were easily induced to do. Thus the house was possessed in Kirkaldies' name, and he of a prisoner turned to be chief commander. But he did not long enjoy this place, for his wife being come thither to visit him, when she was the next morrow to depart, desired the convoy of some soldiers for a mile or two, fearing as she pretended to be robbed by Captain Lambie, who lay with a company at Linlithgow, not far from thence: and as he, to save her, went forth himself to bring her on a part of the way, suspecting no treachery, he was in his return intercepted by Lambie, and carried first to Linlithgow, then to Dalkeith, where he was kept some days, and afterwards dimitted. In this sort did fortune sport herself with that Gentleman, changing his condition up and down three several times, within the space of a few days. Peace now made with the chief Noblemen of the Queen's faction, The English Ambassador traveleth to make Grange accept peace, which he refuseth. it was supposed that Grange and his partakers would likewise be moved to embrace it. Whereupon the Ambassador taking with him the subscribed Articles, went to the Castle, and showing how things had passed, used many persuasions to make them content to be comprehended therein. But they would not, affirming the conditions to be shameful, and so far to the prejudice of their Queen, as till they were allowed by herself, and by the French King, they should never admit them. After the Ambassador had ceased to treat with them, the Earl of Rothes, and Lord Boyd traveled to the same effect, representing the danger and inevitable ruin they should fall into, if they did not yield in time. But they scorned these threats, thinking the strength they were in, impregnable, and looking still for some succours from France and the Duke of Alva, or if that should fail, they made no doubt to obtain their peace at easier conditions, than the Noblemen had accepted. The Regent offended with their obstinacy, The Regent in●reateth the Queen of England's help for ●pugnation of the Castle. discharged all further dealing with them, and sent to the Queen of England for a supply of men, and munition; which was granted, and Sir William Drury Marshal of Berwick commanded to join with him in besieging the Castle. How soon the Regent understood, that the direction was given to the Marshal, the Lord Ruthven was sent to confer with him of the order that should be kept in the service. They meeting at the Church of Lamberton in the Mers, for preventing all debates that might arise, did agree as followeth. 1. That neither the Regent nor the General should without the advice and consent of the other, Articles agreed betwixt the Regent and the English. transact or make any composition with the besieged. 2. That if it happen the house to be taken by assault, the munition, plate, jewels, and householdstuff pertaining to the King, with the Registers, and public records of the Kingdom there reserved, should be all delivered to the Regent, within three days after the house was recovered, and the rest of the spoil distributed amongst the soldiers. 3. That so far as might be, the persons within the Castle should be reserved to the trial of law, wherein the Regent should proceed by the advice of the Queen of England. 4. That the Regent should provide the English forces with victuals, and all other things necessary during the siege, as likewise assist them with a convenient power of horse and foot. 5. That recompense should be given at the General's sight to the wives and nearest friends of the English soldiers, who should happen to be killed. 6. That if any of the Ordinance should break, or be otherwise spoiled, the same should be changed with other pieces of the like quantity within the Castle. 7. That the English General should not fortify within the ground of Scotland, An. 1573. without the Regent's advice, and the service finished should immediately retire his forces. 8. And lastly, that for the safe return of the soldiers and munition (the loss which fortune of war should make being excepted) hostages of Nobleman's sons should be delivered to the English, and entertained in the parts most adjacent to Scotland. These conditions made, and the Masters of Ruthven and Semple, john Cunningham son to the Earl of Glencarn, and Douglas of Kilspindie being entered in Berwick as pledges; A Proclamation given out by the Regent. Sir William Drary marched with his forces into Scotland, and came to Edinburgh the 25. of April. The Regent giving out a Proclamation (Wherein was showed the care that the Queen of England had taken for the peace of the Realm in times past, and the liberal succours she had granted at the present for the expugnation of the Castle, treasonably detained and fortified by the Laird of Grange) Did require and charge all good subjects, to carry themselves as became them towards the English General and his company, and not to injure them either by word or deed, except they would be esteemed enemies to the peace, and partakers to the Traitors in their rebellious attempts. The next day the Castle was summoned, The Castle summoned. and offer made of their lives if they should yield before the planting of the Canon; but the Captain in stead of answer, set upon the highest Tower, The Captain answereth by a token of defiance. his ensign for a token of defiance. Then the Pioners were put to work, and begun to cast trenches, and raise mounts for planting the Artillery. The besieged made all the hindrance they could, playing with their Ordinance upon the workmen, and killing divers ere the mounts were brought to perfection. How soon they were erected, (being five in all, and entitled by the names of their several Commanders) the Artillery was planted, The Castle made assaultable. 31. pieces in number, more and less. All things prepared, and the Parliament finished, which the Regent had called to the last of April, for ratifying the Articles of pacification, the battery began the 17. of May, on the 27. the Castle was made assaultable, the Canon having made great breaches in the fore and back walls; and the Tower called David's Tower, being also demolished. The 26 early in the morning the assault was given in two places: at the West part where the ascent was most difficult, the assailers were repulsed, after an obstinate sight that continued 3. hours, and 24. persons killed; on the East side the blockhouse called the Spur, was taken with less resistance, A truce taken, and the Captain willing to yield upon conditions. which put the defendants in fear, and made them demand a parley. This granted, a truce was taken for the space of two days, in which time the English General used many persuasions to the Captain to make him render the house; neither was he then unwilling, so as the lives and honours of these within might be saved: but the Regent would give no condition, and have him simply to yield. The Captain seeing nothing but extremity, resolved to stand to his utmost defence: yet when he came back to the house, he found them all within divided, and the greater part so discouraged, as they refused to undergo the hazard of a second assault; which forced him to other counsels, and so following Lethingtons' advice, upon the 29. The Castle rendered to the English General. of May, being let down by a rope over the wall, he and Piltadrow his Constable did yield themselves and the house to the English General in the name of his Queen, whose discretion (misknowing the Regent) they were willing to abide. The General made them to be attended to his lodging, whither all that were of any note in the Castle were brought. Thereafter they were committed to several places, most of them transported to Leth, and some detained in Edinburgh till the Queen of England should signify her will concerning them; the Ladies and Gentlewomen were licenced to depart, as likewise the private soldiers, and others of meaner sort. It was thought that the Queen in regard of the render made to her Lieutenant, would take a favourable course with them, and save their lives: but she gave direction to put them all in the Regent's hands to be used as he thought meet; which when Lethington heard, either despairing of life, or not willing to enjoy it by the mercy of an enemy, he died at Leth so suddenly, as he was thought to have made himself away by poison. A man he was of deep wit, great experience, and one whose counsels were held in that time for Oracles; Lethington dieth at Leth. but variable, and unconstant, turning and changing from one faction to another, as he thought it to make for his standing. This did greatly diminish his reputation, and failed him at last: which should warn all Counselors to direct their courses by the lines of piety, and true wisdom; without which, the most politic prudence will prove nothing but folly in the end. His brother Mr. john Maitelan, who came afterwards to great honours, had his life spared, and was imprisoned in Tentallon, George Creichton Bishop of Dunkeld was sent to Blackness, and the Lord Home detained in the Castle, which the Regent gave to his brother George Douglas in custody; Grange and his brother executed. Grange himself, with his brother Sir james Kirkaldy, and two Goldsmiths, james Mosman, and james Cockey, were publicly hanged in the Mercat street of Edinburgh. Such was the end of Sir William Kirkaldy of Grange, a man full of valour and courage, who had sometimes done good service to his country against the French, and purchased by that means great honour. But seeking ambitiously to raise his fortunes, and harkening to perverse counsel, he did break his faith to the Regent, who had put him in trust, and thereby lost all his former esteem, and drew upon himself these troubles, wherein he perished. His part was foul in the death of the Cardinal, and for it, when he was in his best estate, many did foredeem, that he should not escape some misfortune. Yet herein he was happy, that at his death he expressed a great sorrow for his sins, and departed this life with a constant and comfortable assurance of mercy at the hands of God. By this defeat of the Castilians (so they were commonly named) the Queen's faction fell quite asunder, The Queen's faction quite de●●ated. nor did it ever after this time make head. The Bishop of Ross (who had followed her business as Ambassador in England) being at the same time put to liberty, and commanded to depart forth of the Kingdom, went privately to France; for he feared the Earl of Southampton, and Lord Henry Howard, brother to the Duke of Norfolk, whom he had touched in his examination. When he came to France, to mitigate the anger they had conceived, he published an Apology for the depositions he had made, and whilst he lived, ceased not to do the duty of a faithful subject, and servant to the Queen; soliciting both the Emperor and Pope, the French King, and other Catholic Princes in her behalf; who gave many good words, but performed nothing. So little are the promises of strangers to be trusted, and so uncertain their help to Princes, that are once fallen from their Estates. The Regent's expedition to the borders. At home the Regent applying himself to reform the disorders caused by the late war, begun with the borders, who had broken out into all sorts of riot, and committed many insolences both on the Scottish and English side. Thither he went himself in person, where meeting with the English Wardens, he took order for redress of bypast wrongs. And to secure the peace of the country, caused all the Clannes to deliver pledges for the keeping of good order, and made choice of the fittest and most active persons to rule and oversee those parts: Sir james Home of Cauldinknowes was made guardian of the East Marches; the Lord Maxwel of the West, and Sir john Carnichal of the Middle, who by the diligence and strict jastice they observed resetters and entertainers of thiefs, reduced the country to such quietness, as none was heard to complain either of theft or robbery. The next care he took was to order the revenues of the Crown, His care for the King's houses and rents. and recover such lands as had been alienated from it, or in any sort usurped; the jewels impignorated by the Queen, he relieved by payment of the moneys, for which they were engaged. He caused repair all the King's houses, especially the Castle of Edinburgh, and furnished the same with munition, and other necessaries: and by these doings did purchase to himself both love and reverence, with the opinion of a most wise and prudent Governor. Yet was it not long before he had lost all his good opinion, He falleth out with the Church. by the courses he took to enrich himself. Breaking first upon the Church, he subtly drew out of their hands the thirds of Benefices, offering more sure and ready payment to the Ministers, than was made by their Collectors, and promising to make the stipend of every Minister local, and payable in the Parish where he served. To induce them the more willingly to this, promise was made, that if they should find themselves in any sort hurt or prejudged, they should be reponed to their right and possession, whensoever they did require the same. But no sooner was he possessed of the thirds, Two, three or four Churches appointed to one Minister. than the course he took for providing Ministers, was to appoint two, three, and four Churches in some places, to one Minister (who was tied to preach in them by turns) and to place in every Parish a Reader, that in the Minister's absence might read prayers, who had allowed him a poor stipend of 20. or 40. pounds' Scots. As to the Ministers, they were put in a much worse case for their stipends then before; for when the Superintendents did assign the same, the Ministers could come boldly unto them, and make their poor estate known, and were sure to receive some comfort and relief at their hands; but now they are forced to give attendance at Court, begging their assignation and precepts for payment, or as their necessities grew, seeking augmentation, which seldom they obtained; or if any petty thing was granted, the same was dearly bought with the loss both of their time and means. The Superintendents denied payment of their means. The Superintendents were no better used, the means allowed to them for their service being withholden, and when they complained, they were answered, that their office was no more necessary, Bishops being placed in the Diocese, and the Ecclesiastical jurisdiction belonging to them. These things lost him the Church, The Church desired to be restored to the thirds, but is denied. which then growing sensible of their oversight in denuding themselves of the thirds, craved to be reponed according to promise. But herein divers shifts were made, and after sundry delays, it was directly told them, That seeing the surplus of the thirds belonged to the King, it was fitter the Regent and Council should modify the stipends of Ministers, then that the Church should have the appointment or designation of a superplus. They not able to help themselves, An. 1574. did in the next Assembly take order that the Ministers, who were appointed to serve more Churches than one, should take the charge of that only at which they resided, helping the rest as they might, without neglect of their own charge. And because the placing of Bishops was taken for a pretext to withhold the Superintendents means, the Bishops were inhibited to execute any part of the Ecclesiastical jurisdiction within the bounds where the Superintendents served, without their consent and approbation. This crossing of one another's proceedings, did set the Church and Regent so far asunder, that whilst he continued in office, there was no sound liking amongst them. The discontents of the country were so great by the justice Airs (as they called them) that went through the country, The Country vexed with Justice Courts. and were exerced with much rigour, people of all sorts being forced to compone, and redeem themselves from trouble by payment of moneys imposed. The Merchants called in question for the transport of coin, were fined in great sums, and warded in the Castle of Blackness, till they gave satisfaction. Nor left he any means unassayed, that served to bring in moneys to his Coffers: which drew upon him a great deal of hatred and envy. I find at this time a motion made for compiling a body of our Law, A motion for compiling a body of our Law. and making a collection of such ancient statures, as were meet to be retained in practice; which were ordained to be supplied out of the Civil law, where was any necessity; to the end Judges might know what to determine in every case, and the subjects be foreseen of the equity and issue they might expect of their controversies. This was entertained a while, and of good men much desired, as a thing beneficial to the country, and like to have cut off the occasion of many pleas. But it sorted to no effect, by the subtle dealing of those that made their gain of the corruptions of Law. It happened john Ormeston (commonly called Black Ormeston, Black O●meston executed for the King's murder. because of his Iron colour) to be apprehended, and brought to trial at the same time for the murder of the King's Father. This man was thought to be privy unto all Bothwels doings, and a more particular discovery expected by him of the form, and manner of that murder. Yet at this execution he did only confess that Bothwel had communicated the purpose to him, An. 1575. and showed him the subscriptions of the Earls of Argile, Huntley, Secretary Leithington, and Mr. james Balfour, testifying their consents to that wicked fact. Nottheless the Regent, to the offence of many, did suffer the said Balfour to enjoy the benefit of the pacification, and passed an Act thereof in open Council. Whether the subscriptions of Argile and Huntley were counterfeit or not, it was uncertain, but of the other two it was easily believed, as being men universally hated. Argile died in September following, in whose place the Lord Glamis was created Chancellor. In the same month Adam Heriot Minister at Aberdene departed this life, Adam Heriot Minister at Aberdene, his death and qualities. a man worthy to be remembered. He was sometime a Friar of the Order of S. Austin, and lived in the Abbey of S. Andrews, an eloquent Preacher, and well seen in Scholastic Divinity. Queen Regent coming on a time to the City, and hearing him preach, was taken with such an opinion of his learning and integrity, that in a reasoning with some Noblemen upon the Article of real presence, she made offer to stand to Heriots' determination. Warning of this being given, and he required to deliver his mind upon that subject in a Sermon which the Queen intended to hear, he did so prevaricate, as all that were present, did offend and depart unsatisfied. Being sharply rebuked for this by some that loved him, he fell in a great trouble of mind, and found no rest, till he did openly renounce Popery, and join himself with those of the Congregation. Afterwards when Order was taken for the distribution of Ministers amongst the Burgs, he was nominated for the City of Aberdene (in which there lived divers addicted to the Roman profession) as one that was learned in Scholastic Divinity, and for his moderation apt to reclaim men from their errors. Neither did he fail the hope conceived of him, for by his diligence in teaching Schools, and Church, he did gain all that people to the profession of the truth; 14. years he laboured among them, and in end was forced by sickness to quit his charge. He died of the Apoplexy the 28. of August, in the 60. year of his age, greatly beloved of the Citizens for his humane and courteous conversation, and of the poorer sort much lamented, to whom he was in his life very beneficial. The next summer there fell out an accident which was like to have caused great trouble, and divided the two Kingdoms. A conflict betwixt the Scots and English. Sir john Forrester Warden of the English side, and Sir john Carmichael of the Scottish, meeting in the Borders at a place called the Red Swyre for redressing some wrongs that had been committed, it fell out that a Bill (so they used to speak) was filled upon an English, for which Carmichael according to the law of the Borders, required him to be delivered, till satisfaction was made. Sir john Forrester either wearied with the multitude of business, or desiring to shift the matter, answered that enough was done that day, and at the next meeting the complainer should have satisfaction. Carmichael urging a present performance, they fell foul in words; which made the companies that attended draw their weapons. A great tumult there was, and at first the Scots being inferior in number to the English, gave back. But as they were fleeing, they met with a company of jedburgh men, who were come to attend the Warden. This giving them new courage, they turned upon the English, and made them flee. The chase held the space of two miles. Sir George Heron, Warden of Tindale and Rhedesdale, with 24. English was killed, the Warden himself, Francis Russel son to the Earl of Bedford, Cuthbert Collinwood, james Ogle, Henry Fenwick, and many others of good note were taken prisoners. When the Regent heard it, he was sore displeased, knowing the Queen of England would be much offended; whereupon he sent for the prisoners, and using them with all courtesy, excused what was done, and permitted them to return home. And the Queen indeed at the first report was much incensed, and thereupon sent Mr. Killigrew to the Regent, to require the delivery of Carmichael, which divers of the Council withstood. Yet such was the Regent's care to please the Queen as he caused him enter into England, A meeting in the Borders betwixt the Regent and the Earl of Huntingdon. where he was a while detained. But the provocation being tried to have been made by the English, the Queen dimitted him honourably, and not without rewards. At his return, the Regent meeting the Earl of Huntingdon the English Commissioner at Foulden some two miles from Berwick, all things were peaceably composed. This year the Duke of Chattellerault ended his life: A Nobleman well inclined, open, Duke Hamilton dieth. plain and without all dissimulation and fraud, but too easily led by them he trusted, which bred him much trouble; yet by the goodness of God, who doth always favour the innocent and honest minded, he went through all, and died honourably and in peace. Not long after his son Lord john Hamilton riding to Aberbrothock, accompanied only with his ordinary train, (for he held himself secured by the pacification) was pursued by William Douglas of Lochlevin, Lord Aberbrothock pursued by Lochlevin. who did lie with a number in his way, of intention to kill him. As he was refreshing himself at Couper, he was advertised of the danger, and presently resolved to single himself from his company, and flee to the Castle of Lewchars, deeming (as also it fell out) that they would follow the greater company, which he directed to keep together, and take the South of the River of Edin. Neither had they passed far, when they were invaded by a troop of horsemen, and forced to yield themselves. The Nobleman beholding this from the other side of the River, and knowing how soon they found themselves deceived, that they would make haste to overtake him, changed his first resolution, He is saved in the house of Darsey. and fled to the house of Darsey, where he was received. Lochlevin belayed the house, and kept him enclosed all that night, and the day following. But being charged by an Herald of Arms to dissolve his forces, and hearing that the Nobleman's friends were gathering for his release, he departed home. Being called before the Council for his insolency, and charged with the breach of the pacification; he alleged the exception of the first Regent's murder; but that being found no warrant, and he refusing to give assurance for keeping peace, was committed to the Castle of Edinburgh, where he remained till surety was given. In the Church this year began the innovations to break forth, Innovations in the Church of Mr. Andrew Melvil. that to this day have kept it in a continual unquietness. Mr. Andrew Melvil, who was lately come from Geneva, a man learned (chiefly in the tongues) but hot and eager upon any thing he went about, labouring with a burning desire to bring into this Church, the Presbyterial discipline of Geneva: and having insinuated himself into the favour of divers Preachers, stirred up john Dury one of the Ministers of Edinburgh in an Assembly which was then convened, to propound a question touching the lawfulness of the Episcopal function, and the authority of ●hapters in their election. He himself as though he had not been acquainted with the motion, The Episcopal function called in question. after he had commended the Speakers zeal, and seconded the purpose with a long discourse of the flourishing estate of the Church of Geneva; and the opinions of Calvin, and Theodore Beze, concerning Church Government, came to affirm, That none ought to be office bearers in the Church, whose titles were not found in the book of God. And for the title of Bishops, albeit the same was found in Scripture, yet was it not to be taken in the sense, that the common sort did conceive, there being no superiority allowed by Christ amongst Ministers; he being the only Lord of his Church, and all the same servants in the same degree, and having the like power. In end he said, that the corruptions crept into the estate of Bishops were so great, as unless the same were removed, it could not go well with the Church, nor could Religion be long preserved in purity. This his discourse was applauded by many, Some brethren selected to confer upon the question. and some brethren set apart to reason and confer upon the question proponed. For the one part Mr. David Lindesay, Mr. George Hay, and Mr. john Row were nominated: These three sustained the lawfulness of Episcopal function in the Church. For the other part Mr. james Lawson, Mr. john Craig, and Mr. Andrew Melvil, were choosed to impugn the same. After divers meetings, and long disceptation amongst themselves, they presented their opinions to the Assembly in writing, as followeth. 1. First that they did not hold it expedient to answer the questions proponed, for the present. But if any Bishop was chosen that had not qualities required by the word of God, he should be tried by the General Assembly. 2. That they judged the name of a Bishop, to be common to all Miinisters that had the charge of a particular flock. And that by the word of God his chief function consisted in the preaching of the word, the ministration of the Sacraments, and exercise of Ecclesiastical discipline, with consent of his Elders. 3. That from among the Ministers some one might be chosen, to oversee and visit such reasonable bounds, besides his own flock, as the General Assembly should appoint. 4. That the Minister so elected, might in those bounds appoint Preachers, with the advice of the Ministers of that Province, and the consent of the flock which they should be admitted. And five, that he might suspend Ministers from the exercise of their office upon reasonable causes, with the consent of the Ministers of the bounds. There were present in this Assembly, The Bishop's present in the Assembly. the Archbishop of Glasgow, the Bishop of Dunkeld, Galloway, Brichen, Dumblane, and Isles, with the Superintendents of Lothian, and Angus; all of them interessed in that business. Yet neither were they called to the conference, nor doth it appear by the Register of those proceedings, that they did so much as open their mouths in defence of their office and calling. What respect soever it was, that made them keep so quiet; whether, as I have heard, that they expected those motions should have been dashed by the Regent, or otherwise, that they affected the praise of humility: it was no wisdom in them to have given a way to such novelties, and have suffered the lawfulness of their vocation to be thus drawn in question. Another Assembly of the Church. In the next Assembly I find the same matter moved of new, and put to voices, but with a little change of the question, which was thus form. Whether Bishops as they were then in Scotland, had their function warranted by the word of God? The Assembly without giving a direct answer, after long reasoning, did for the greatest part (so the records bear) approve the opinions presented in the last meeting, with this addition, That the Bishops should take themselves to the service of some one Church within their Diocese, and condescend upon the particular flocks, whereof they would accept the charge. The Regent's motion to the Assembly. The Regent hearing how the Church had proceeded, and taking ill the deposition of Mr. james Patton Bishop of Dunkeld, who was in the former Assembly deprived for dilapidation of his benefice; sent to require of them, whether they would stand to the policy agreed unto at Leth; and if not, to desire them to settle upon some form of government, at which they would abide. The Assembly taking the advantage of this proposition, answered, that they were to think of that business, and should with all diligence set down a constant form of Church policy, and present the same to be allowed by the Council. To this effect they nominated Mr. Andrew Melvil, Mr. Andrew Hay, Mr. David Cuningham, Mr. George Hay, Mr. Alexander Arthbuthnet, The Archbishop of Glasgow urged with a particular flock, answereth the Assembly. Mr. David Lindesay, and a number more; the Archbishop of Glasgow was named amongst the rest, but he being urged to take the charge of a particular flock, excused himself, saying, That he had entered to his office according to the order taken by the Church, and Estates, and could do nothing contrary thereto, lest he should be thought to have transgressed his oath, and be challenged for altering a member of the Estate. Yet that it might appear how willing he was to bestow the gifts wherewith God had endued him to the good of the Church, he should teach ordinarily at Glasgow, when he had his residence in the City, and when he remained in the Sheriffdome of Air, he should do the like in any Church they would appoint; but without astricting himself unto thesame, and prejudging in any sort the jurisdiction he had received at his admission. Mr. Patrick Adamson provided to S. Andrews. This his declaration made, he was no more troubled with that employment. Mean while the See of S. Andrews falling void by the death of Mr. john Douglas, the Regent did recommend to the Chapter his Chaplain Mr. Patrick Adamson for the place; the Chapter continuing the election, till the Assembly of the Church did convene, An. 1576. imparted to them the warrant they had received: and Mr. Patrick being enquired (for he was present at the time) whether he would submit himself to trial, and receive the office with those injunctions the Church would prescrive: Answered, that he was discharged by the Regent to accept the office otherwise then was appointed by mutual consent of the Church, The Church off 〈◊〉 with the Bishop● answer. and Estate. Hereupon the chapter was inhibited to proceed. Notthelesse upon a new charge given them, they convened and made choice of him, which did so irritate the Church, as in the next meeting they gave Commission to the Superintendent of Lothian Mr. Robert Pont, Mr. james Lawson, and David Ferguson to call him before them, and prohibit him to exerce any part of his jurisdiction, till he should be authorised thereto by the Assembly. A form of Church policy was in the mean time drawn up and presented to the Regent by Mr. David Lindesay, A form of policy presented to the Regent. Mr. james Lawson, and Mr. Robert Pont. In a short Preface set before it, they protested to wish nothing more, then as God had made him a notable instrument in purging the Realm of Popery, and settling the same in a perfect peace, that he would also honour him with the establishing of a godly and spiritual policy in the Church; entreating his Grace to receive the Articles presented, and if any of them did seem not agreeable to reason, to vouchsafe audience to the brethren, whom they had named to attend. Not that they did account it a work complete, to which nothing might be added, or from which nothing might be diminished; for as God should reveal further unto them, they should be willing to help, and renew the same The Regent reading the preface, though he did not like the purpose they were about, gave them a better countenance than in former times, and named certain of the Council to confer with them, and make report of the heads whereupon they agreed. But the conference was not well begun, when it broke off by occasion of troubles that arose The discontents in the country were great and daily increasing by the Regent's severe proceedings. One against Adam whitford of Milneton did open the mouths of many men against him. The discontents great in the country. This Gentleman was accused as one set on by john Lord Hamilton of Aberbrothock, and Lord Claud his brother to have killed the Regent. The suspicion did arise of some rash and boasting speeches, john Semple and Adam Whitford accused for conspiring the Regent's death. uttered by john Semple of Biltrees, out of his spleen against the Regent for an action intended against him concerning some lands belonging to the Crown, which had been given by the Queen to Mary Levingston his wife, one of her Maids of honour. His words were the more taken hold of, because he was Milnetons' Uncle, and upon offer of the Torture was brought to confession; upon which also he was arraigned and condemned to death, and the Scaffold prepared for the execution; but was pardoned, which did manifest that which before was suspected, that by underhand promise of favour, he was induced to this confession. The same means were tried with Milneton to have furnished evidence against these Noblemen for their forfeiture, which was the chief end of this trial But he upon his Uncle's confession being put to the Torture, valuing more his honour nor his safety, endured it with such resolution, showed both by his words and countenance, as was in all men's opinion taken for an undoubted argument of his innocency, and the others testimony nothing regarded: But the Regent much blamed for such rigorous proceeding against him upon a false or faint-hearted man's confession extorted by fear, or drawn from him by other base respects; wherefore he was detested of his nearest kinsmen, as the other was honoured in all men's estimation for his courage and constancy. Amongst other proecsses he had intended for helping the revenues of the Crown, one was for the recovery of a parcel of ground, which the Queen had gifted to Mary Levingston one of her maids. The Gentlewoman's husband called john Semple, made the best defence he could, and fearing the Regent's rigour, had burst forth in some passionate speeches, avowing, that if he did lose the lands, he should lose his life also. This reported to the Regent, brought him to be suspected of some plot, for a speech was given out that Lord john Hamilton, and his brother Lord Claud were discontented with some of the Regent's proceedings, and had instigated this Gentleman with his Nephew Adam Whitford of Milton, to kill him as he went down the street towards the Palace with an Harquebuse. An. 1577. Semple called in question for this, and his other rash speeches, upon representation of the torture confessed all, for he was a fearful man and of no courage. Milton being apprehended in the Isle of Bute, and brought to his examination, denied that any such motion had been made to him, and being put to the torture, endured the same patiently, not confessing any thing. His constancy and the resolution he showed both in words and countenance, made the others confession not to be credited, every one interpreting the same to have proceeded of weakness, and want of courage. The Gentleman's case was much pitied, and the mouths of many opened against the Regent for using such rigour, only upon the confession of a fearful and faint-hearted man: but the troubles we mentioned did arise by another occasion. In the Highlands one Allester dough Macallan, The Earl of Argile and Athol at variance. a notorious thief, who had committed many robberies, was apprehended by the Earl of Athol, who minding to put him to a trial, was inhibited by the Council, and charges directed against him for exhibition of the man. The fellow being presented after he had stayed a while in prison, was upon Argiles desire set at liberty, and falling to his accustomed depredations, committed divers insolences in the bounds of Athol. The Earl to repair this wrong done to his people, prepared to invade Argile, and he making to defend his country, all those parts were in an uproar. This reported to the Regent, a messenger of Arms was sent to discharge those convocations, and cite them both before the Council; but they disobeyed, and by the mediation of friends were shortly after reconciled. This trouble was no sooner pacified then upon an injury done by the Clandonald to the Earl of Argile, A great insolence committed by Argile. he took Arms, and being charged to dissolve his forces, in stead of obeying, he laid hands on the messenger, tore his letters in pieces, and made him and his witnesses swear never to return into Argile for the like business. This insolency, whereof the like had not been seen nor heard since the Regent's acceptation of the government, incensed him mightily, but not knowing how to overtake him in that season (for it was done in the beginning of Winter) he resolved to use the course of law, and proclaim him rebel. Alexander Areskin who attended the King, having his own discontents, and trusting to better his condition by a change of the government, Alexander A●●skin practiseth a change. dealt secretly with the two Earls, Argile and Athol, after he understood them to be agreed, and advised them to come, one after another, but much about one time, and mean their case to the King, Argile and Athol agreed. to whom he promised they should find access. Argile coming first, complained of the Regent's extreme dealing, in that he had denounced him rebel to his Majesty, whose true and faithful servant he had always been, and requested his Majesty to assemble the Nobility, Argile complaineth of the Regent to the King. and do him right according to the laws: withal, he entreated that he might be permitted to remain with his Majesty till the Nobility should meet for trial of his complaint. The Earl of Athol came some two days after, Athol his advice to the King, for trying Argiles complaint. to whom the King did communicate Argiles complaint, craving his advice in the business. And he as thought he had known nothing of the matter, answered that the Nobleman's petition seemed reasonable, and that his Majesty could not take a better course, then call the Nobility, and by their advice take order for preventing the troubles that might arise by their dissensions. The King liking the advice, commanded letters to be written for all the Noblemen in the country to meet at Striveling the tenth day of March: yet the advertisement went only (the two Earls having the direction of the letters) to those that were their own friends, and enemies to the Regent. Amongst others, the Lords Maxwel and Ogilvy were invited to come; of whom the first had been lately dispatched from his office of Wardanrie in the West Marches, and committed in the Castle of Blackness, The Regent sendeth to inform the King of Argiles contempt. the other had of a long time been confined in the City of S. Andrews. How soon the Regent was advertised of Argile and athol's being with the King, and that they had moved him to call the Nobility to a meeting, upon a pretext of trying Argiles complaint; he sent the Earl of Angus, the Lord Glammis Chancelcellour, and the Lord Ruthven Thesaurer, with a letter and certain notes under his hand to be communicated to the King. In the notes he made a particular relation of the contempt done by the Earl of Argile to his Majesty's authority, and of his practices with Athol to disturb the common peace: desiring to know his Majesty's pleasure concerning them; that if his Highness would allow him to follow the course of law, he might do his duty; if otherwise his Majesty thought fit to oversee their disobedience, His offer to dimit the Regency. that he would be pleased to disburden him of his office, and not suffer his own name and authority to be despised in the person of his servant: for as he had at sundry times made offer to dimit the Regiment whensoever his Majesty was pleased to take it in his own hands, so will he now most willingly resign the same, so as a substantial course were taken for the preservation of his Highness' person, the ordering of his Majesty's house, and the dispensing of the revenues of the Crown. Herewith he recommended the keeping of the peace contracted with England, because of the danger that a war might bring, not only to the Realm, but also to his Highness' title, and right of succession in that Kingdom. And having recounted the services done by himself, from his Majesty's birth unto that present; specially his assistance at the King's Coronation; the danger whereunto he exposed himself and his friends in Lanside field, and at the siege of Brichen; The legations which he had undertaken to England; the recovery of the Castle of Edinburgh; the pacification of the Realm, which at his entry to the government he found in great trouble; the redeeming of the jewels and moveables pertaining to the Cown, and the restoring of the royal Patrimony to some reasonable estate: in regard of all these services he craved no more, but an allowance of what he had done in his office, and a discharge of his intromissions by the Estates of Parliament. These notes being showed to the Noblemen who were about the King, The King is advised to accept ●he Regent's dimission. (for numbers were come upon the rumour of a change that was in hand) they did all advise him to take hold of the offer of dimission made by the Regent, and accept the government in his own person, after which he might deliberate upon such things, as the Regent had moved. Some were of opinion that the King should write to the Regent, and require of him a dimission; but the greater part misliking delays did reckon it more sure, to do that which was meant at once, and not to protract time with a communing, such as that manner of proceedings would necessarily breed; The King liking best the persuasions that were given him to reign, (a thing natural to Princes) resolution was taken to discharge the Regent of his authority, and publish the King's acceptation of the government. This conclusion was the same day imparted to the Regent, A Commission from the King to the Regent. who thereupon sent the Laird of Whittingham to desire the King before any innovation was made, to reconcile those of the Nobility that were in variance with others; thinking this way to hold off the publication intended at least for some days. But it availed nothing, for immediately were the Chancellor and Lord Hereis sent with this Commission to him in writing: That his Majesty considering the dislike which many had of his government, and the apparent troubles to fail upon the Realm, had by the advice of the Nobility determined to accept the rule in his own person; and because delay of time might breed some further grudge, and inconvenience, he did therefore require him to send his Declaration in writ with all speed, for testifying his obedience and allowance of what was done, and to abstain from all further administration or exercise of the office of Regency. As concerning his desires, for the surety of his Majesty's person, the ordering of his house, and revenues of the Crown, with preservation of the peace with England, and the settling of the Borders and Highlands, his Highness should omit nothing that lay in his power to do for effecting the same, and therein would follow the counsel, which he and the rest of the Nobility should give unto him; and for the discharge of his administration, he should have all granted, which with reason he could require, the form whereof his Majesty did will him to draw up, that he might deliberate with his Council what was fit to be done therein, assuring him that he should be well and graciously used. With this Commission they did likewise carry a letter written by the King himself in very loving terms, declaring, that because he saw no other way to maintain concord amongst his subjects, he had accepted the government in his own hands, and that he was confident to have the defects of his age and experience supplied by his Nobility, especially by himself, whom he would ever love, and acknowledge as his trusty Co●sen most tender to him in blood (these be the words of the letter) and one of his true and faithful Counselors. In the mean time the King's acceptation was published at Striveling, The King's acceptation of the Government. and the next day being the 12th of March proclaimed at Edinburgh, where the Regent himself was assisting, and took instruments of his dimission in the hands of two Notaries. It grieved divers of his friends that he had so easily condescended to quit the place, which they thought he might with good reason have kept, The Lord Boyd chideth the Regent for his dimission. till a Parliament had been called for that purpose. Amongst others the Lord Boyd, who was most entire with him, and came to Edinburgh some few hours after his dimission, did chide him bitterly, speaking to this effect. That he did presume too much of his own wit, who in a matter of so great moment would not once ask the opinion of his friends; and that in a short time he should find that he had done unwisely, to forsake the place committed to him by the whole Estates of the Kingdom, at the pleasure of his enemies. For it is sufficiently known, said he, that the King is a child, and that these motions have not proceeded from himself. Now when he hath assumed the government, and ye left the place entrusted to you, shall he not be governed by those that are about him, whom you know to be your enemies? But ye perhaps do promise ease and safety to yourself in a private life: as if you might descend without any danger, from the place which ye have held. Wise men have observed that between highest, and nothing there is not a mean; and it fears me you have wronged yourself in imagining the rest you shall never find. If you had kept your place, they should have seen the faces of men, and not carried things thus at their pleasure; but having forsaken yourself, there is nothing left to your friends, but to lament your misfortune; and God grant that this be the worst of things. This said, he went aside, and burst forth in tears. The Regent (whom we will no more call so) excused his doing, by the instance that the King made for his dimission, saying, that his refuse would have made a great commotion in the Realm; yet did he perceive his error, and in his secret thoughts, which he covered so well as he could, blamed his own rash and precipitate yielding. But there being no place left to resile, The Chancellor and Earl of Angus employed in the Regent's dimission to the King. the next best he thought was to secure himself, and his friends, by discharge of all things, that might be laid to him or them, during his administration; and therein he employed the Earl of Angus, and the Chancellor, whom he did constitute his procurators to compeir before the King, and make dimission of his office, with such solemnities as by law were requisite. This done, the discharge was given him in most ample form. Therein after a general approbation of his service, he was declared not to be accusable of any manner of crime, The Regent's discharge of his administration. of whatsoever greatness or weight, without exception, that might be alleged to have been committed by him in times past: which declaration was ordained to be as valid, and sufficient in all respects, as if the highest crime that could or might be imputed to any person, had been specially expressed in the same. He was also exonerated of all sums of money, rents, and profits, as well of property, as casualty intrometted with by him or his factours and servants, since his acceptation of the Regiment (the jewels of the Crown, the furniture of his Majesty's house, Munition and Artillery only excepted.) A provision was adjected, That the present discharge should not prejudge the King and his successors in the revocation or reduction of whatsoever infeoffments, given of the property, during his Highness' minority●, or of whatsoever lands, Lordships, offices, or dignities, fallen in his Majesty's hands by forfeiture, recognition, bastardy, or by any other right, and privilege of the Crown. In all other points the discharge was ordained to stand firm and sure for him, his heirs, and successors, and the same never to be revoked, or any thing attempted to the contrary: and for his greater assurance, the same was promised to be confirmed by the Estates of Parliament in their first convention and meeting. The Noblemen, and others of the Estates then present with the King, did likewise bind themselves, their heirs and successors, to see all the foresaid points truly fulfilled, under the pain of five hundred thousand pound. So as nothing was omitted, which he could devise for his securing. Yet in all this he found no assurance: to teach men, that it is not to be had in any worldly thing, but to be sought of God alone. All men are compelled to acknowledge so much in the end, though often too late; which was the case of this Nobleman, as we shall hear. But better late, as the saying is, than never. THE HISTORY of the CHURCH OF SCOTLAND. THE six BOOK. The Contents. The things that happened after his Majesty's assuming of the Government in his own person, unto his happy succession to the Crown of ENGLAND. THE King was not yet twelve years complete, when in the manner ye have heard they moved him to assume the Government, Mortons' enemies are still practising against him. yet did he show more judgement in his very beginning, then could be expected from one of his years. The Earl of Mortons' enemies, not satisfied with his displacing, were still casting how to bring him into the King's dislike. And first showing, that there was a necessity of the Kings residing at Edinburgh, where was the place of Justice; they desired he should be charged to render the Castle. Then informed that he had amassed a great treasure in the time of his Regiment, they moved the King to require of him some moneys, for supporting the charges whereunto he would be put at his first entry. They did further talk of the Mint-house, and the commodity he reaped thereby. And to denude him of all power, they desired the state of the borders to be looked unto, and the office of Lieutenandry which the Earl of Angus his Nephew had in those parts, discharged. To one or other of these they conceived he should be unwilling, and so they should find some matter against him. But the King refusing to use him with charges, The King his calm proceedings with Morton. took a more moderate course, and sent the Chancellor and Thesaurer to feel his mind in those things. He lay then at Dalkeith, and having heard their propositions, howbeit he knew those motions did proceed from his adversaries, and was not ignorant what they intended, he answered calmly, That the jewels and moveables appertaining to the Crown, being received of his hand, and he and his deputies discharged, the Castle should be rendered most willingly. But for the advancing of moneys he excused himself, saying, that was not unknown, how he had received his office in a time full of trouble, and when the country was embroiled in a civil war, the burden whereof he sustained upon his private Charge; and that since the troubles ceased, he had paid a great many debts, repaired his Majesty's houses and Castles, and put them in a better case, then for many years before they had been: That the entertainment of his Majesty's house, and maintaining of his own as Regent, was a matter of no small charge; which the ordinary revenues of the Crown would hardly do: yet when his Majesty should be of perfect age, and his honourable occasions did require it, he should not be wanting according to his ability, and bestow all his means for his Majesty's honour. Concerning the Mint-house, he said, that he had kept it in the best order he could, and having now no more charge of it, he wished the King to do therewith as he thought best. For the affairs of the border, that he had moved the Earl of Angus to undertake that service for the quietness of the country, but seeing he had no lands in those quarters, and that the offices of Wardenrie might suffice to hold those parts in order, An. 1578. he would advise the King to dispose them to the most sufficient that could be found. The Noblemen returning with these answers, A pitiful Accident. the King did rest well satisfied. But a pitiful accident that fell out in the time, gave an hindrance to these business. The Chancellor going to the Castle to make his report to the King, as he returned to his lodging, did encounter the Earl of Crawford in the street, called commonly the Schoolhouse wind. There had been an old grudge betwixt the two families, whereupon the Noblemen passed by others without salutations; the street being narrow, and the companies of each side great, when they were almost parted, two base fellows fell a struggling for the way, and by thrusting one at another raised a tumult, The Chancellor killed in a tumult. in the very beginning whereof, the Chancellor was killed with the shot of a Pistol. It was certainly known, that the Noblemen did purpose no harm to others, for Crawford did call to his followers to give way to the Chancellor, as he on the other side called to give way to the Earl of Crawford, yet by this unhappy accident were the old dissensions that had long slept revived; and a fresh enmity raised, which turned to the great hurt of both. The death of the Chancellor was much lamented, falling out in the time when the King and country stood in most need of his service. He had carried himself with much commendation in his place, and acquired a great authority: most careful was he to have peace conserved both in the country and Church, and laboured much to have the question of Church policy settled; upon which subject, he interchanged divers letters with Theodore Beze. Some have blamed him of too great curiosity in that matter, but his intention certainly was pious and commendable. Upon his death the Earl of Athol was preferred to be Chancellor; The Earl of Athol created Chancellor. at which the Church did mightily offend; as likewise of the admission of the Earls of Cathnes, and Eglinton, with the Lord Ogilvy upon the Council, who were all thought to be Popishly inclined. This being meaned to the King, was in some sort satisfied by their promises, and subscriptions to the Articles of religion; yet the suspicions of their unsoundness still continued. And now began they who longed for the change of Mortons' government, to repent the alteration that was made; for howsoever he did not favour the novations in Church policy urged by some Ministers, he kept a severe hand over Papists, permitting none to enjoy and public office, who was not sincerely affected to the truth. The first of April the Castle of Edinburgh was delivered to the Lords Ruthven and Lindesay, who were appointed by the King to receive the house, The Castle of Edinburgh delivered to the Earl of Marre. and a discharge given to the Earl of Morton of the jewels, munition, and moveables within the same. And the same day john Seaton of Touch, and john Cunningham of Drumwhassil received the keys in name of Alexander Areskin Uncle to the Earl of Marre, upon a warrant directed to them for that effect. The Earl of Morton resolving to live private, and to have no more meddling in public affairs, retired to Lochlevin, where he stayed not long, being recalled to Court by this occasion. The friends of the house of Marre, The Castle of Striveling surprised by the Earl of Marre his friends. of whom the principals were the Abbots of Driburgh and Cambuskenneth, out of some jealousy they conceived of Alexander Areskin his courses, and a fear that the young Nobleman who was then grown to some years, might be prejudged of his right in keeping the Castle; practised secretly to exclude him, and entering one morning with a number of his followers, seized upon the keeper of the gate, took the keys from him by force, and putting him and his men forth, placed others in their rooms, whom they caused swear fidelity to the Earl of Marre. How soon the Council (which then remained at Edinburgh) was advertised of this change, The Council goeth to Striveling and composeth the controversy. they prepared to go to Striveling, and for their greater security were furnished with some companies of men by the Town of Edinburgh, but by letters from the King they were stayed. In these letters the King showed that it was a private dissension only that had happened betwixt the friends of the house of Marre, which he would have peaceably composed, and therefore desired them to come unto him after a day or two in quiet and sober manner, and assist the reconcilement. They obeyed, and coming to Striveling, in a frequent Council kept the third of May, the controversy was in these terms composed: That the Earl of Marre being new come to a reasonable age, he should attend the King's person, and have the custody of the Castle of Striveling, and that the Master his Uncle should remain Captain of the Castle of Edinburgh, and when he came to Court have his table kept as before, and enjoy the place of a Gentleman of his Majesty's chamber. Conditions prescrived to the Earl of Marre. The conditions prescrived to the Earl of Marre were, That he should guard the Castle, attend the King's person therein, and not remove him to any place whatsoever without the knowledge and consent of the Council. That he should not receive any within the house, whom he knew not to be well affected to the King; admitting an Earl with two only in train, a Lord with one, and Gentleman single; that Mr. George Buchannan and Mr. Peter Young should continue his instructers, and no others be admitted without the Counsels consent, nor any religious exercise kept within the Castle, but that which the Parliament had approved. For the observing of these Articles, the Earls of Athol, Angus, Argile, and Montross, with the Lords Ruthven and Lindesay, became sureties. For the Master his Uncle, and his fidelity in keeping the Castle of Edinburgh, with the jewels, munition, and other moveables, the Earls of Athol, Argile, Montross, and the Lord Ruthven gave their bond and obligation. Some days after this broil, the Captain his eldest son (called Alexander) a youth of great hopes, departed this life, as it was thought, of a grief he conceived for the indignity done to his Father. This agreement being made, A Convention at Striveling. and the Lords being then to return to Edinburgh, the King did signify unto them, that because the Parliament was indicted to the tenth of july, he would before that time call a number of every estate together, for the preparing of matters; and that all emulations laid aside, they might concur and join their counsels for the public good of the Realm. The Diet for this meeting he appointed at Striveling the tenth of june. the Convention at the time was frequent; of the Clergy, eight Bishops, and as many Abbots were present: of the Nobility nine Earls, and eleven Lords, and divers Commissioners of burgh's. The Earl of Morton cometh to Striveling. The Earl of Morton at the King's earnest entreaty came also thither, and at his coming was admitted upon the Council, having the precedency allowed him, with the consent of the rest, because of the Regency he had a long time sustained. In the first meeting the King after he had given thanks to the whole number for the readiness they had showed to convene in that place, The King's motion to the Lords and the rest of the Estates. proponed two things. One was touching the Parliament, and the place where it should hold. The other concerned an Ambassage, which he intended to send into England. For the Parliament he said, that he longed to see a meeting of the Estates, and would have the time to which it was called precisely observed, wishing them all to address themselves thereto in time, and to come in a peaceable manner, as men disposed to do good, and seeking the common profit of their country. And for the place, seeing his own presence was necessary, and that he could not conveniently remove from Striveling, he desired the Parliament to be fenced at Edinburgh, at the day appointed, and then prorogated some four or five days, and brought to Striveling. For the Ambassage, he gave divers reasons, First, that having assumed the government in his own hands, he was bound in courtesy to visit the Queen of England, and give her thanks for the kindness he had received of her in his minority. Next, that the disorder lately fallen out in the borders, (for about that time some borderers had entered into England and committed great robberies) laid a necessity upon him, to clear the country of that fact, and make offer of redress. Thirdly, that he had a private business, which touched him nearly, his Grandmother the Lady Lennox being newly deceased, and he being her only heir; it concerned him, he said, to inquire what her last will was, and to see that no prejudice was done to him in his succession to the lands she possessed in England. Lastly, if they did think meet (but this he remitted to their wisdoms) he showed that he could like well to have a motion made of a more strict league betwixt the two Realms, during the Queen's life and his. It grieved the ordinary Counselors much, The Counselors dissuade the change of the place of Parliament. that the place of Parliament should be changed, who therefore laboured to dissuade the King from it; but perceiving him resolved that way, they gave their consents, though most unwillingly. When they came to speak of the Ambassage to England, they acknowledged the necessity thereof; but took exception at the league, pretending the ancient league with France. It was replied, That the case of things was much altered from that in former times; that England and Scotland had now the same enemies because of their common profession, so as for their own safety it was needful they should join together in strict friendship; and that the league with England might be so contracted, as the old amity with France should remain inviolate. An Ambassage to the Queen of England. The King further declared, that he did not mean to give power to his Ambassador for concluding a league, wherein he would do nothing rashly, nor without the advice of the Estates; only be desired, the same should be moved, and upon the report of the Queens liking thereof, that the conditions of the league should be well and gravely advised. After long reasoning, the matter being put unto voices, it was by plurality agreed, that the same should be made one of the Ambassador's instructions; against which, the Earls of Argile, Montross, and Cathnes, the Lords Lindesay, and Innermaith, with the Commendatary of Deir took public protestation. These things bred a new heartburning amongst the Noblemen, Jealousies among the Noblemen: for they took Morton to be deviser of all, and that he was craftily drawing back the administration of affairs unto himself, which albeit they dissembled for the present, broke forth after a few days in an open dissension. The Citizens of Edinburgh were much offended with the Kings remaining in Striveling, and the remove of the Parliament from their town; and as it happeneth in such times of discontent, rumours were dispersed that the King was detained captive, and was shortly to be sent into England, and the ancient league with France dissolved. A Proclamation against the false rumours dispersed. This being in the mouths of all men and talked of not in corners, but in open and public meetings, a Proclamation was given out the sixth of july, Declaring the falsehood of those rumours, and that the same were raised by some seditious spirits that could not live quiet, under any sort of government; for as to the King's detention, it was known to be most false, and that it was his own choice to remain at Striveling, attended by those, whom the Council by common consent had appointed for the safe custody of his person; And for the Parliament, which they said, was to treat of the dissolution of peace with their old confederates, and to make up new leagues with others, there was no such matter; it being his Majesty's only purpose to have such things entreated in that meeting, as might tend to the advancement of God's honour, the safety of his Royal person, and the establishment of good laws for the quietness of the Realm. Whereof if any made doubt, they might be resolved at their coming to the Parliament, which was now approaching. Therefore were all good subjects advertised, not to believe those seditious reports, nor suffer themselves to be led by such wicked suggestions into rebellion. This declaration prevailed little with the most part, The Lords remaining at Edinburgh, protest against the holding of the Parliament. for the minds of men were much exasperated. And the time of Parliament come, the Lords that remained at Edinburgh, took counsel not to go thither, but to send of their number one or two to protest against the lawfulness of it. The Earl of Montross, and Lord Lindesay were chosen to that purpose, who coming to Striveling, show the King the Nobleman's excuse, and declared all they had in Commission to say; wishing his Majesty to prorogate the Parliament unto a better time, and make choice of a fitter place. But he resolved by the counsel of those that were present, to go on, and coming the next day, which was the 16th of july, to the great Hall, where the Estates were advertised to meet, he made a short speech touching the liberty of Parliaments, and the necessity he had to keep one at that time, and in that place, assuring all persons who had any thing to move, or propone, that they should have free access, and receive satisfaction according to Justice. Mantross and Lindesay charged to keep their lodgings for using the protestation. After the King had closed his speech, the Earl of Montross and Lord Lindesay arose, and in the name of the Council, and others of the Nobility adhering to them, protested against the lawfulness of the Parliament, in so far as it was kept within the Castle, whither they could not safely repair, the same being in the enemy's power. The King offended with the protestation, commanded them to keep their lodgings, and not to depart forth of Striveling without his licence: which the Lord Lindesay obeyed; but Montross the next day early in the morning went away, and returned to Edinburgh, where it was given out, that he had brought from the King a secret direction to the Lords, to convene the subjects in Arms, and liberate him out of Mortons' hands. Thereupon a Declaration was published, bearing that his Majesty having assumed the government in his own person, because of the enormities committed in the time of Mortons' Regiment, A Declaration of the Lords remaining at Edinburgh. had appointed the Council to remain at Edinburgh for the better ministration of Justice And that by the care they took of affairs, all things had gone well, and peaceably, till Morton out of his ambitious desire to rule, did suborn some instruments to surprise the King's house and person at Striveling, injuriously displace the Captain, and put his family and servants to the gates: Of which seditious enterprise, although he did pretend ignorance, yet the progress of his actions continually since that time, did show that he was the chief plotter of that business; for after his coming to ●ourt, and admission to be one of the Council, he had disordered all things, thralling the King so far, that his best subjects could have no free access unto him, and usurping the jurisdiction of his Majesty's ordinary Council in translating the Parliament from Edinburgh the Principal ●ity of the Realm, unto the Castle of Striveling. Like as to bear out his wicked and violent designs he had of late presumed to levy soldiers at the King's cost and charge, intending thereby to maintain his usurped authority, and oppress his Majesty's obedient and lawful subjects. In consideration of which abuses, and lest notorious presumptions should by their continual patience grow to a further height, they had resolved, laying aside all difficulties, to withstand the violences practised by him under the title of the King's authority, and to hazard their goods, lives, and lands for the delivery of his Majesty's person out of his thraldom; protesting that the inconveniences which should ensue upon the present troubles, should not be imputed to them, in as much as they were forced unto it for their own just and necessary defence, the restitution of their native Prince to liberty, and the delivering of the Church and Commonwealth from the Tyranny of such as have ever sought, and still do seek the ruin and overthrow of both. This declaration published, Proclamations to follow the King or his Lieutenant. all parts of the Realm were in a commotion: Soldiers were levied on either side, Horse and Foot; and Proclamations sent to the Sheriffdomes of Edinburgh, Hadington, Linlithgow, Clackmannan, Kinress, Perth, Fife, Forfar, Lanark, Dumbarton, and to the Bailiaries of Kyle, and Cunningham, to prepare themselves with victuals for 15. days, and be in readiness to follow the King or his Lieutenants upon six hours' warning, as they should be directed. Herewith a Commission of Lieutenandry was given to the Earl of Angus for convocating the subjects, and pursuing the rebels who had usurped the King's authority with all sort of rigour: The Lords charged to depart out of Edinburgh. charges were also directed to command the Earls of Athol and Argile to depart forth of Edinburgh within the space of 24. hours, and return to the places of their dwelling, under the pain of treason; the Magistrates of Edinburgh were enjoined to apprehend the persons that had taken Arms within their Town, and not to suffer any armed men to enter in the same, except such as should have direction from his Majesty. The Provost of Edinburgh committed. Which when the Provost (Archibald Stewart) came to excuse, as not being in the Towns power, to withstand the forces of the Noblemen, he himself, was sent prisoner to the Castle of Down. The Parliament in this mean time went on, A Proclamation for dissolving the forces convened at Edinburgh. and all things proceeded therein as in a time of most secure peace. Upon their dissolving, when it was told the King that the Lords were gathering forces, and that they gave out the same to be done by warrant from him, he commanded by a new Proclamation, all that were assembled in Arms, to separate and return to their dwellings within the space of six hours, promising pardon to such as obeyed. And lest any should be deceived with the rumours of his captivity, and secret warrants from himself, he again declared, That it was his own desire to remain at Striveling and be served by the Earl of Marre, with whom he knew his surety was greater, then if he should be at the devotion of those that caused the present troubles, whose meanings towards him could be no better than it had been in times past. For the Warrants they pretended, he called God to witness, that they had neither word nor writ from him; therefore willed all his good subjects to live quiet, and not to be misled by such false informations. The Lords march towards Striveling. This Proclamation the Lords would not suffer to be published at Edinburgh, but making the greater expedition, drew together their companies and marched towards Striveling, the first night they camped at Linlithgow, and the day following having mustered their Army, which they found to be about 4000 they went to Falkirk. The Earl of Angus as Lieutenant for the King, took the fields, and displaying the Royal Banner made towards them. The English Ambassador laboureth to to compose matters. In number he did not equal the others, but they were Gentlemen all, active, and resolute. Sir Robert Bows the English Ambassador, riding betwixt the Armies, traveled earnestly to bring them to an agreement, and by his entreaties, and the proponing of honourable conditions did keep them from joining. In which time one Tait a follower of Cesford, who as then was of the Lords party, came forth in a bravery, and called to the opposite horsemen, ask if any among them had courage to break a lance for his Mistress; he was answered by one johnston servant to the Master of Glammis, and his challenge accepted. The place chosen was a little plain at the river of Carron: on both sides whereof the horsemen stood spectators. At the first encounter Tait having his body pierced through, fell from his horse, and presently died. This was taken by those of Mortons' side to be a presage of victory. But by the Ambassador's travails the parties were drawn to the conditions following. 1. That the forces on either side should presently separate, Conditions agreed upon. and a few horsemen only be retained upon his Majesty's charges, who should be employed for quieting the borders, and not against the Lords convened at Falkirk, or their adherents in the present action. 2. That the proceedings of the Lords and other partakers with the Chancellor since the tenth of july last, should be allowed as good service done to the King, in respect his Majesty was assured of their good affection towards his own person. 3. That the Chancellor and Earl of Argile should have their lodging within the Castle of Striveling, with the like numbers that were permitted to other Noblemen. 4. That all the Noblemen, Barons, and other Gentlemen, who pleased to come unto the King, should be freely admitted to his presence, and have liberty to propone their own affairs. 5. That the Earl of Montross and Lord Lindesay should be received in the number of the Council. 6. That the King calling to himself eight Noblemen, that is, four of each party, to be nominated by themselves, should consider the griefs and offences of either side, take order for removing the same, and make up a perfect reconcilement amongst the Nobility. 7. That the Commission of Lieutenantry granted to the Earl of Angus, should be discharged. 8. And last, that the Captains of the Castle of Edinburgh and Dumbarton should enjoy their offices, till the reconciliation intended was brought to an end. These Articles being signed by the King, The Articles signed. and subscrived by the principals of both parties, the accord and heads thereof were published at Striveling and Falkirk the fourteenth of August, upon which the Armies dissolved. No stir in our memory was more happily pacified; for should it have come to the worst, as it was not far off, such was the heat and hate of both factions, that the mischief could not but have been great, which would have ensued. The place and time of the Nobleman's meeting for considering the grievances of both parties, The twentieth of September appointed for a meeting of Noblemen at Striveling. being left to the Kings appointing, because delay might breed greater difficulties, his Majesty did assign the 20. of September to meet at Striveling, whereof he caused the Ambassador give the Chancellor notice, and to desire him to name the four Noblemen, whose advice he and the rest would use in that treaty. The Chancellor answered by letter, The Noblemen decline the meeting. That neither he nor Argile could agree to meet at Striveling, nor could they design the four Noblemen whom they would use, because death, sickness, and other accidents might hinder one, or more of them to convene, but if it should please the King to appoint the place of meeting at Edinburgh, about the end of November, they should keep the day, and for the present nominate ten, of which number hay should choose some four at that time as arbiters for their party. The petitions of th● Chancellor and the Lords and Gentlemen adhering to him. The ten they named were the Earls of Montross and Cathnes, the Lords Lindesay, Maxwel, Hereis, Ogilvy, and Innermeath, the Abbot of Newbottle, and the Lairds of Bargenny and Drumwhassil. Herewith he desired three things to be granted; One was, that licence might be given to such an one as they would choose to pass into England: next, that they who were dispossessed of their places and offices since the tenth of July, might be restored; namely Mr. Mark Ker, son to the Abbot of Newbottle, Master of Requests, and William Cunningham, son to the Laird of Drumwhassil, Gentleman of the King's Bedchamber: Thirdly, that none should be called in question for their absence upon the late Proclamations, seeing all they who came not to Striveling, must be understood to have been their adherents. This answer communicated to the King, The King offended with the petition. did highly offend him. First, that they should usurp the appointing of the time and place of meeting, which was left in his power: next, that they would presume to send a message into England, they being his subjects, and neither acquaint him with the person nor the message. For the other Petitions he judged them impertinent, and more fit to be proponed at the meeting of the Noblemen; wherefore in a letter sent by Mr. William Areskin to the Chancellor, he showed that since they had delayed to nominate the four Noblemen, he himself would make choice of four of them, whose names they had given to the Ambassador; to wit, the Lords Lindesay, Ogilvy, Innermeath, and Hereiss; to whom he would join the Earls of Rothes and Buchan, with the Lords Ruthven and Boyd; and by their advice proceed in the reconciliation by him intended; which if they should refuse, he would notify to the Queen of England and other Christian Princes, the care he had taken to perform all things, as they had been lately accorded. To this letter no answer was given but that they should advise with their friends, The Noblemen cited to appear at Striveling. and afterwards signify their minds; wherewith the King being discontent, he summoned the Noblemen to meet at Striveling the 20. of September, warning all the subjects, whom that business concerned to address themselves thither against the day. At the day none of them appeared, and the more careful the King was to have peace made, the more they seemed to draw back, protracting time upon frivolous excuses; Wherefore the King for the last Diet appointed the 20. of October, which most of them kept. His Majestics speech at the meeting. Being all assembled, the King spoke to them to this effect. Ye do all understand what an earnest desire I have that you should join in friendship one with another, which cannot be more contentment to me than it is benefit to yourselves; although I have many occasions given me to fall from that desire, yet I abide in the same mind, and shall wish you to lay aside your needless jealousies and suspicions. For as to me I will sindy to be indifferent, and bestow my favours unpartially, and never repose myself upon any one so much as to deny others the regard which is due to them. Ye that are Noblemen have a special interest in me, and unless there be a correspondence of wills and minds amongst you, I shall never find that concurrence that ought to be for mine honour and the good of the Commonwealth. It is not long since, at your own desires I accepted the government of the Realm, being persuaded by you that this was the only way to cease all grudges, but now that I see them increased, it reputes me to have yielded to your desires, and entangled myself in such business. What should let you to be reconciled, and become perfect friends, I know not: if there by any grief or offence that hath exasperated your minds, will ye show it? I am here with the advice of my Lords to remove it, and see satisfaction made, by those that have done the wrong. I hope you do not carry minds irreconcilcable; ye professed that ye laid down Arms for the love ye bore to your King; by the same love I entreat you to lay aside jealousies, and suspicions, which ye will doubtless do except ye mind to expose your country and yourselves to utter ruin. The Lords moved with this speech, The Lords are desire● to set down their complaints in writing. professed themselves willing at his Majesty's desire to bury all discords; and that their agreement might be the more sound, they were required to set down in writing the injuries, and unkindness whereof they complained, that satisfaction might be made at the sight of the King, and Noblemen whom he had named. Hereupon the Chancellor and Argile presented their grievances in some short Articles, bearing the unkindness they had received from the Earl of Morton in the time of his Regiment. Whereunto he answered, first generally, that what he did in that time was done by order of law, and that they themselves had allowed his proceedings, and were sureties for ratifying the same in Parliament. Then replying more particularly to every Article, he gave the King and other Noblemen full satisfaction, and made it seen, that on the part of the other Lords, there was a great mistaking: for what he did he could not leave undone, without a manifest violation of justice. Yet for himself, he said, although he had been ill rewarded by them for his pains taken in the public service, and received more unkindness at their hands, than he had deserved, he would freely remit all at the King's desire. The Lords reconciled. After some days spent in such reckonings, they were brought in end to join hands. During these contentions in the State, A form of Church-policy presented to the Parliament, and remitted to certain Commissionres. Mr. Andrew Melvil held the Church busied with the matter of policy which was put in form, and presented to the Parliament at their sitting in Striveling. The Estates having no leisure to peruse it, gave a Commission to divers of their number to meet and confer with the Commissioners of the Church; and if they did agree to insert the same among the Acts of Parliament. How these affairs went, and what effect the Commission took, because of the great business, that afterwards was made about the same, is necessary to be known; wherefore I thought meet to set down the form of policy, as it was presented, with the notes of their agreement and disagreement, as they stand in the Original, which I have by me. Heads and conclusions of the Church, and first of the Policy thereof in general, wherein it differeth from Civil. FIrst, 1. Agreed. the Church of God is sometimes largely taken for all them that profess the Evangel of jesus Christ, and so it is a company and fellowship, not only of the godly, but also hypocrites, professing outwardly one true Religion. 2. 2. Agreed. At other times it is taken for the elect only, and the godly; and sometimes for them that exercise the spiritual function amongst the congregation of them that profess the truth. 3. 3. Agreed that the Church is sometimes taken for them that exercise the spiritual function in particular congregations. The Church in this last sense hath a certain power granted by God, according to which it useth a proper jurisdiction and government, exercised to the comfort of the whole Church. 4. 4. Continued to further reasoning, and when it is said this power showeth from God to his Church, whether this should be understood of the whole Church, or of the office-bearers, and whither it showeth mediately, or immediately. This power Ecclesiastical is an authority granted by God the Father, through the mediation of jesus Christ, unto his Church gathered, and having the ground in the word of God, to be put in execution by them, unto whom the spiritual government of the Church by lawful calling is committed. 5. 5. Referred to further reasoning. The policy of the Church flowing from this power is an order or form of spiritual government, which is exerced by the members appointed thereto by the word of God; and therefore is given immediately to the Office-bearer, by whom it is exercised to the weal of the whole body. 6. 6. The last words of the Article are thought not necessary, and therefore to be delete. This power is diversely used, for sometime it is severally exercised (chiefly by the teachers) sometime conjunctly by mutual consent of them that bare office and charge, after the form of judgement; the former is called potestas Ordinis, the other potestas jurisdictionis. 7. 7. Agreed. These two kinds of power have both one ground, one final cause, but are different in the form and manner of execution, as is evident by the speech of our Saviour in the 16th and 18th of S. Matthew. 8. 8. Agreed. This power and policy is different and distinct in the own nature, from that power and policy, which is called the Civil power; and appertains to the civil government of the Commonwealth, albeit they be both of God, and tend to one end, if they be rightly used, that is, to advance the glory of God, and to have godly and good subjects. 9 9 Say in stead hereof, For this power is spiritual, not having-deleting the other words. For this power Ecclesiastical floweth from God immediately, and the mediator jesus Christ, and is spiritual, not having a temporal head in the earth, but only Christ, the only spiritual King, and Governor of the Church. 10. 10. Agreed. It is a title falsely usurped by Antichrist to call himself the head of the Church, and ought not to be attributed to Angel or to man, of what estate soever he be, saving to Christ the head, and only Monarch of the Church. 11. 11. Agreed. Therefore this power and policy of the Church should lean upon the Word immediately, as the only ground thereof, and should be taken from the pure fountains of the Scriptures, hearing the voice of Christ the only spiritual King, and being ruled by his laws. 12. 12. Agreed changing these word, they should not be called Lords over their flock. It is proper to Kings, Princes, and Magistrates, to be called Lords and Dominators over their subjects, whom they govern civilly; but it is proper to Christ only to be called Lord and Master in the spiritual government of the Church, and all others that bear office therein, ought not to usurp dominion, nor be called Lords, but Ministers Disciples, and servants: for it is proper to Christ's office to command, and rule his Church universally, and every particular Church, through his Spirit and Word, by the ministry of men. 13. 13. Change the last words of Ecclesiastical government, and Ecclesiastical discipline, according to the word of God. Notwithstanding as the Ministers and others of the Ecclesiastical state are subject to the Magistrate civilly: so ought the person of the Magistrate be subject to the Church spiritually, and in Ecclesiastical government. 14. 14. Referred to further reasoning, when the order of Bishops shall be discussed. And the exercise of both these jurisdictions cannot stand in one person ordinarily. 15. 15. Referred till they come to the attribution of the power. The Civil power is called the power of the Sword, the other power, the power of the Keys. 16. 16. Agreed as the words are conceived. The Civil power should command the spiritual to exercise and to do their office according to the word of God; the spiritual rulers should require the Christian Magistrate to minister Justice, and punish vice, and to maintain the liberty of the Church, and quietness within their bounds. 17. 17. Disserreth this to be resclved with the 15. The Magistrate commands in things external for external peace and quietness among the subjects, the Minister handleth external things only for conscience cause. 18. 18. Referred. The Magistrate external things only, and actions done before men; but the spiritual ruler judges both the affection and the external actions, in respect of conscience, by the word of God. 19 19 The Civil Magistrate getteth obedience by the sword and other external means, but the Minister by the spiritual sword, and spiritual means. 20. 20. Agreed that neither aught the Magistrate preach, nor minister the Sacraments, nor execute the censures of the Church, which is to be understood of excommunication, and referreth the second part of this Article to further reasoning. The Magistrate ought neither preach, minister the Sacraments, nor execute the censures of the Church, nor yet prescribe any rule how it should be done, but command the Minister to observe the rule prescrived in the Word, and punish transgressors by civil means: the Minister again exercies not the civil jurisdiction, but teaches the Magistrate how it should be exercised according to the Word. 21. 21. Referred. The Magistrate ought to assist, maintain, and fortify the jurisdiction of the Church, the Ministers should assist their Princes in all things agreeable to the Word, providing they neglect not their charge in involving themselves in civil affairs. 22. 22. Referred. Finally, as Ministers are subject to the judgement and punishment of Magistrates in external things, if they offend: so ought the Magistrates submit themselves to the discipline of the Church, if they transgress in matter of conscience, and Religion. CHAP. 2. Of the parts of policy of the Church, and persons, or Office-bearers to whom the administration is committed. FIrst, 1. The name of the Church in this Article is taken for the Church in the first signification, to wit for the whole Church. Agreed with the rest of the Articles. as in the policy Civil, the whole Commonwealth consists in them that are Governors or Magistrates, and them that are governed, and subjects; so in the policy of the Church, some are appointed to be rulers, and the rest of the members are to be ruled, and obey according to God's word, and the inspiration of his Spirit always under one Head, and chief Governor Jesus Christ. 2. 2. Referred. Again, the whole policy of the Church consists in three things, chiefly in doctrine, discipline and distribution; With doctrine is annexed the ministration of the Sacraments. 3. 3. Referred. And according to this division arises a sort of threefold Officiars in the Church; to wit, Ministers or Preachers, Elders or Governors, and Deacons or Distributers: and all these may be called by one general word, Ministers of the Church. 4. 4. Referred. For albeit the Church of God be ruled and governed by jesus Christ, who is the only King, high Priest, and Head thereof; yet he useth the ministry of men, as a necessary midst for this purpose. 5. 5. Referred. For so he hath from time to time, before the Law, under the Law, and in the time of the Evangel, for our great comfort, raised up men endowed with the gifts of his Spirit for the spiritual government of his Church, exercising by them his power through his Spirit and Word, to the building of the same. 6. 6. Referred to reasoning of the head of Visiters. And to take away all occasion of Tyranny, he wills that they should rule with mutual consent of brethren, and equality of power, every one according to their functions. 7. 7. Referred. In the New Testament, and time of the Evangel he hath used the Ministry of the Apostles, Prophets, Evangelists, Pastors, and Doctors, in administration of the Word: The eldership for good order, and administration of discipline: The Deaconship to have the care of Ecclesiastical goods. 8. 8. Referred. Some of these Ecclesiastical functions are ordinary, some extraordinary, or temporal; the extraordinary, are the Apostles, Prophets, and Evangelists, which are not perpetual, and now have ceased in the Church, except when it pleases God extraordinarily for a time to stir up some of them again. 9 9 Referred. There are four ordinary offices or functions in the Church of God, the Pastor, Minister or Bishop, the Doctor, the Presbyter or Elder, and the Deacon. 10. 10. Referred. These Offices are ordinary, and aught to continue perpetually in the Church as necessary for the government and policy of the same, and no more offices ought to be received, or suffered in the true Church of God, established by his Word. 11. 11. Referred. Therefore all the ambitious titles invented in the Kingdom of Antichrist, and his usurped Hierarchy, which are not one of those four sorts, together with the offices depending thereupon, aught in one word to be rejected. CHAP. 3. How the persons that bear Ecclesiastical functions, are admitted to their Offices. FIrst, 1. Agreed. Vocation or Calling is common to all that should bear office in the Church, which is a lawful way by which qualified persons are promoved to any special office in the Church of God. 2. 2. Agreed. Without this calling it was never lawful for any person to meddle with any Ecclesiastical function. 3. 3. Agreed. There are two sorts of Calling, one extraordinary by God immediately, as were the Apostles and Prophets, which within a Church already well established, hath no place. 4. 4. Agreed. The other calling is ordinary, which beside the calling of God, and the inward testimony of a good conscience, hath the lawful approbation of men according to God's word, and the order established in the Church. 5. 5. Agreed. None ought to presume to enter in any office Ecclesiastical, unless he have a good testimony in his conscience before God, who only knoweth the hearts of men. 6. 6. This ordinary and outward calling hath two parts, Election, and Ordination. 7. 7. Referred. Election is the choosing out of one man or person to the office that is void, by the judgement of the Eldership, and consent of the congregation, to whom the person presented is to be appointed. 8. 8. Agreed with the generality hereof. The qualities in general required in all them who should have charge in the Church, consist in soundness of Religion and godliness of life, according as they are set forth in the Word. 9 9 Agreed. In this ordinary election it is to be eschewed, that no person be intruded in any of the offices of the Church contrary to the will of the congregation to whom they are appointed, or without the voice of the Eldership. 10. None ought to be intruded or placed in the ministry in places already planted, or in any room that is not void, for any worldly respect; and that which is called, the benefice, aught to be nothing but the stipend of the Minister, who is lawfully called. 11. 11. Agreed. Ordination is the separation and sanctifying of the person appointed by God and his Church, after that he is well tried, and found qualified. 12. 12. Agreed. The ceremonies of Ordination are fasting, prayer, and imposition of hands of the Eldership. 13 13. Agreed. All these as they must be raised up by God, and made able for the work whereunto they are called, so they ought know, that their message is limited within God's word. 14. 14. Agreed. These should take the names and titles only (lest they be exalted and puffed up in themselves) which the Scripture gives them, as these which import labour, travel, and work, and are names of offices and service, and not of idleness, dignity, worldly honour, or pre-eminence, which by Christ our Master is expressly reproved and forbidden. 15. 15. Agreed. All these office bearers should have their own particular flocks, amongst whom they ought to exerce their charge, and should make residence with them, taking inspection and oversight of them every one in his vocation. 16. 16. Agreed. And generally aught to respect two things; that is, the glory of God, and edifying of his Church, by discharging their duties in their callings. CHAP. 4. Of the Office-bearers in particular, and first of the Pastors and Ministers. 1. 1. Agreed, saving the word Bishop, is referred to the place of Visitation. Pastor's, Bishops, or Ministers are they who are appointed to particular congregations, which they rule by the word of God, and over which they watch; in respect whereof sometime they are called Pastors, because they feed their congregation; sometime Episcopi or Bishops, because they watch over their flock; sometime Ministers, by reason of their service and office; sometime also Presbyters or Seniors for the gravity in manners which they ought to have, taking care of the spiritual government, which ought to be most dear unto them. 2. 2. Agreed. They that are called the Ministry, or offer themselves thereto, ought not to be elected without one certain flock to be assigned to them. 3. 3. Agreed. No man ought to engyre himself, or usurp this office without a lawful calling. 4. 4. Agreed. They who are once called of God, and duly elected by men, having once accepted the charge of the Ministry, may not leave their functions; and the desertors ought to be admonished, and in case of disobedience excommunicated. 5. 5. Referred. No Pastor may leave his flock without licence of the Provincial Assembly; which if he do, after admonition not obeyed, let the censures of the Church strike upon him. 6. To the Pastor belongeth the preaching of the word of God, in season and out of season, publicly and privately, always to edify and discharge his conscience, as God hath prescribed. And unto them only appertains the ministration of the Sacraments; for both these are appointed by the word of God as means to teach us, the one by the ear, and the other by the eyes and other senses, that by both knowledge may be conveyed to the mind. 7. 7. Agreed. By the same reason it pertains to Pastors to pray for the people, and namely for the flock committed to their charge, and to bless them in the name of God, who will not suffer the blessings of his faithful servants to be frustrate. 8. 8. Agreed. He ought also to watch over the manners of his flock, that he may the better apply his doctrine to them, in reprehending the dissolute, and exhorting the godly, to continue in the fear of the Lord. 9 9 Agreed, that the Minister of the Word may pronounce the sentence of excommunication, after lawful proceeding. It appertains to the Minister, after lawful proceeding of the Eldership, to pronounce the sentence of binding and losing upon any person, according to the power of the keys granted to the Church. 10. 10. Agreed with the present orders concerning marriage. It belongs to him likewise after lawful proceeding in the matter by the Eldership, to solemnize marriage betwixt those that are contracted, and to pronounce the blessing of the Lord upon them that enter in that bond, in the fear of God. And generally, all public denunciations that are made in the Church before the congregation concerning Ecclesiastical affairs, belong to the Ministers office, for he is the messenger and herald betwixt God and the people in all these affairs. CHAP. 5. Of Doctors and their Offices, and of Schools. 1. This whole Chapter referred to further reasoning. ONe of the two ordinary and perpetual functions that labour in the Word, is the office of Doctor, who may also be called Prophet, Bishop, Elder, and Catechiser, that is, the teacher of the Catechism, and rudiments of the Religion. 2. His office is to open up the mind of the Spirit of God in the Scriptures simply, without such application as the Minister uses, to the end that the faithful may be instructed in sound doctrine, the purity of the Gospel taught, and not corrupted through ignorant or evil opinions. 3. He is different from the Pastor, not only in name, but in diversity of gifts; for to the Doctor is given the gift of knowledge, to open up by simple teaching the mysteries of faith; to the Pastor the gift of wisdom, to apply the same by exhortation to the manners of the flock, as occasion craves. 4. Under the name and office of Doctor, we comprehend also the order in Schools, Colleges, and Universities, which have from time to time been carefully maintained, as well amongst Jews, and Christians, as among profane nations. 5. The Doctor being an Elder, should assist the Pastor in the government of the Church, and concur with the Elders his brethren in all Assemblies, by reason the interpretation of the Word, which is only judged in matters Ecclesiastical, is committed to his charge. 6. But to preach unto the people, to minister the Sacraments, and celebrate Marriages, pertains not to the Doctor, unless he be otherwise called ordinarily; yet may the Pastor teach in Schools, as he who hath the gift of knowledge oftentimes, which the example of Polycarpus and others testify. CHAP. 6. The Elders and their Office. 1. 1. Passed over. THe word Elder in the Scripture, is sometime the name of Age, sometime the name of Office; and when it hath the name of office is sometimes taken largely, comprehending as well the Pastors, and Doctors, as these who are called Seniors, or Elders. 2. 2. Agreed, that name of Elders be joined with Ministers. In our division, we call these Elders, whom the Apostle calleth Precedents, or Governors, whose office as it is ordinary, so it is perpetual, and always necessary in the Church of God, and a special function, as is the Ministry. 3. 3. The perpepetuity of Elders referred to further deliberation. Elders once lawfully called to the office, and having gifts of God fit to exercise the same, may not leave it again; yet such a number of Elders may be chosen in certain congregations, as one part may relieve another for a reasonable space, as was amongst the Levites under the Law, in serving the Temple. 4. 4. Agreed. The number of Elders in every congregation cannot be limited, but should be according to the bounds and necessity of the people. 5. 5. Referred. It is not necessary, that all Elders be teachers of the word, albeit chiefly they ought to be such, and so worthy of double honour. 6. 6. Referred. What manner of persons they ought to be, we remit it to the express word, and the Canons set down by the Apostle S. Paul. 7. 7. Agreed. Their office is as well severally as conjunctly, to watch with diligence over the flock committed to their charge, both publicly and privately, that no corruption of Religion or manners grow amongst them. 8. 8. Agreed. As the Pastors and Doctors should be diligent in teaching and sowing the seed of the Word, so the Elders should be careful in seeking the fruits of the same among the people. 9 9 Agreed. It pertains to them to assist the Pastor, in examining those that come to the Lords table, and in visiting the sick. 10. 10. Agreed. They should cause the Acts of the Assemblies, as well particular as general, to be put carefully in execution. 11. 11. Agreed. They should be diligent in admonishing all men of their duties, according to the rule of the Word. 12. 12. Agreed. Things that they cannot correct by private admonitions they should bring to the Eldership. 13. 13. Agreed. Their principal office is to hold Assemblies with the Pastors and Doctors, who are also of their number for establishing good order and execution of discipline, unto which Assemblies all persons are subject that remain within the bounds. CHAP. 7. Of Elderships and Assemblies and Discipline. 1. 1. Agreed that Ministers and Elders may judge spiritual things within their own bounds. Elderships' are commonly constitute of Pastors, Doctors, and such as we call commonly Elders that labour not in the Word and doctrine, of whom, and of their power we have spoken. 2. 2. Agreed. Assemblies are of four sorts, for either they are of a particular congregation, or of a Province, or of a whole Nation, or of all; and divers Christian Nations. 3. 3. Agreed that Synods be kept twice in the year, by him that hath the charge of visitation. All Ecclesiastical Assemblies have power to convene lawfully together, for treating of things concerning the Churches pertaining to their charge. 4. 4. General Assemblies once yearly, his Majesty's authority being interponed, and from the General Assembly, Noblemen, and such as please to come, shall not be excluded, providing that fifteen only, with his Majesty's Commissioner, have voice therein. They have power to appoint times and places to that effect, and every Assembly to appoint the Diet, time and place for another. 5. 5. Agreed. In all Assemblies a Moderator should be chosen by common consent of the whole brethren convened, who should propone matters, gather voices, and cause good order to be kept. 6. 6. Agreed. Diligence ought to be taken chiefly by the Moderator, that only Ecclesiastical things be handled in the Assemblies, and no meddling be with any thing pertaining to Civil jurisdiction. 7. 7. Agreed. Every Assembly hath power to send forth of their own number, one or more Visitours to see how all things are ruled in their jurisdiction. 8. 8. Differed to the head of Bishops, and their Reformation. Visitation of Churches is not an ordinary office Ecclesiastical in the person of one man, neither may the name of a Bishop be attributed to a visitor only; neither is it necessary to abide in the person of one man always, but it is the power of the Eldership to send out qualified persons to visit prorenata. 9 9 Agreed. The final end of all Assemblies is first to keep the Religion and Doctrine in purity without error and corruption; next to keep comeliness and good order in the Church. 10. 10. Agreed, joining in the end of the Article these words, or spiritual things only. For this order's cause, they may make rules and constistitutions pertaining to the good behaviour of all the members in the Church in their vocation. 11. 11. Agreed, that as they make Acts in spiritual things, so they may alter the same as the necessity of time requires. They have power also to abrogate and abolish all Statutes and Ordinances concerning Ecclesiastical matters, that are found noisome and unprofitable, and agree not with the time, or are abused by the people. 12. 12. Referred. They have power to execute discipline, and punishment Ecclesiastical upon all transgressors, and proud contemners of the good order and policy of the Church, so as the whole discipline is in their hands. 13. 13. Referred. The first sort and kind of Assemblies, although they be within particular congregations, yet they exerce the power, authority, and jurisdiction of the Church with mutual consent, and therefore bear some time the name of the Church. 14. 14. Referred. When we speak of Elders of particular congregations, we mean not that every particular Parish Church can, or may have their particular Elderships, especially to Landwart; but we think three or four, more, or fewer particular Churches, may have a common Eldership to them all, to judge their Ecclesiastical causes. 15. 15. Referred. Albeit it is meet, that some of the Elders be chosen out of every particular congregation, to concur with the rest of their brethren in the common Assemblies, and to take up the delation of offences within their own Churches, and bring them to the Assembly. 16. 16. Referred. This we gather of the practice of the primitive Church, where Elders, or Colleges of Seniors, were constitute in cities and famous places. 17. 17. Referred. The power of the particular Eldership, is to give diligent labour in the bounds committed to their charge, that the Churches be kept in good order: to inquire of naughty and unruly persons, and travel to bring the way again, either by admonition and threatening of God's judgements, or by correction. 18. 18. Referred. It pertains to the Eldership to take heed that the word of God be purely preached within their bounds, the Sacraments rightly ministered, discipline maintained, and the Ecclesiastical goods uncorruptly distributed. 19 19 Referred. It belongs to this kind of Assembly, to cause the Ordinances made by the Assemblies Provincial, National, and General, to be kept and put in execution. To make constitutions which concern 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the decent order of these particular Churches, which they govern; providing they alter no rules made by the Provincial and general Assemblies. And that they make the Provincial Assemblies foreseen of those rules they make, and to abolish such constitutions as tend to the hurt of the same. 20. 20. Referred. It hath power to excommunicate the obstinate. 21. 21. Referred. The power of election of them, who bear Ecclesiastical charge, pertains to this Assembly within their own bounds, be well constitute, and erected of many Pastors and Elders of good ability. 22. 22. Referred. By the like reason their deposition also pertains to this Assembly, as of them that teach erroneous doctrine, that be of a scandalous life, and after admonition defist not, that be given to schism or rebellion against the Church, manifest blasphemy, simony, and all corruption of bribes, falsehood, perjury, whoredom, theft, drunkenness, fight worthy of punishment by the law, usury, dancing, and such dissoluteness, as imports civil infamy: And all other that deserve separation from the Church. 23. 23. Referred. These also who are altogether found unable to execute their charge ought to be deposed, and other Churches advertised thereof, lest they receive the persons deposed. 24. 24. But they who through age or sickness, or any other accident become unmeet to do their office, their honour should remain to them, and others be provided to their office, the Church maintaining those who are by that occasion disabled. 25. 25. Referred. Provincial Assemblies we call lawful Conventions of the Pastors, Doctors, and other Elders of any Province gathered for the common affairs of the Churches thereof, which may also be called the conference of the Church and brethren. 26. 26. Referred. These Assemblies are institute of weighty matters to be entreated by mutual consent, and assistance of the brethren within the Province, if need be. 27. 27. Referred. This Assembly hath power to redress, order, and handle all things committed or done amiss in the particular Assemblies. 28. 28. Referred. It hath power to depose the Office-bearers of that Province for good and just causes deserving deprivation. ●nd generally these Assemblies have the whole power of the particular elderships whereof they are collected. 29. 29. Referred. National Assembly which we call general, is a lawful Convention of the whole Church of the Realm or Nation where it is gathered, for the common affairs of the Church, and may be called the general Eldership of the whole Church within the Realm. 30. 30. Passed over. None are subject to repair unto this Assembly for giving voice, but Ecclesiastical persons; to such a number, as shall be thought good by the same Assembly; not excluding other persons that will repair to it for propounding, hearing, and reasoning. 31. 31. Answered before. This Assembly is institute, that all that is either committed, or done amiss in the Provincial Assemblies, may be redressed, and things generally serving for the good of the whole body of the Church within the Realm, may be foreseen, entreated and set forth to God's glory. 32. 32. The last part of the Article referred to the heads of Bishops. It should take care that Churches be planted in places where they are not planted; and prescrive a rule for the proceeding of the other two sorts of Assemblies in all things. 33. 33. Diff●rred. This Assembly should take heed that the spiritual jurisdiction and civil be not confounded nor abused, and generally towards all weighty affairs that concern the good order of the Churches within the Realm, it ought to interpone authority thereto. 34. 34. Agreed in spiritual matters. There is besides these another more general. Assembly which is of all Nations, and of all estates of persons within the Church, representing the universal Church of Christ, which may be properly called the general Assembly, or general Council of the whole Church of God. 35. 35. Referred. These Assemblies were appointed and called together, specially when any great schism or controversy in doctrine did arise in the Church, and were convocated at the command of godly Emperors, being for the time, for avoiding of schisms within the universal Church of God, which because they pertain not to the particular state of our Realm, we pass by. CHAP. 8. Of Deacons and their office, the last ordinary function in the Church. 1. 1. The Chapter of Deacons and 〈◊〉 of the Church, are thought to be suppressed till the head of corruptions be teasoned. THe word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is sometimes largely taken as comprehending all them that bear office in the Ministry, and spiritual function in the Church, but as we now speak, is only taken for them, to whom the collection and distribution of Alms of the faithful, and Ecclesiastical goods do belong. 2. The office of Deacon so taken, is an ordinary and perpetual function in the Church; of what properties and duties they ought to be that are called thereto, we remit to the Scriptures. 3. The Deacon ought to be called and elected as the rest of the spiritual officers, and their office and power is to receive and distribute the whole Ecclesiastical goods to whom they are appointed. 4. This they ought to do according to the judgement and appointment of the Presbyteries, or Elderships, of the which the Deacons are not, that the patrimony of the Church and poor be not converted to private men's uses, nor wrongfully distributed. CHAP. 9 Of the Patrimony of the Church, and distribution thereof. 1. By the Patrimony of the Church, we understand whatsoever thing hath been at any time before, or shall be hereafter given, or by universal consent or custom of countries professing christian Religion applied to the public use, and utility of the Church. 2. So that under the Patrimony of the Church we comprehend all things given or to be given to the Church and service of God, as lands, buildings, possessions, annual rents, and the like, wherewith the Church is endowed, either by donations, foundations, mortifications, or any other lawful titles of Kings, Princes, or any other persons inferior to them, together with the continual oblations of the faithful. 3. We comprehend also all such things, as by laws, customs, or use of country's hath been applied to use, and utility of the Church: of which sort are tithes, Manses, gleibs, and the like; which by the common and municipal laws, and universal custom are possessed by the Church. 4. To take any part of this Patrimony by unlawful means, and convert to the particular and profane use of any person, we hold a detestable sacrilege before God. 5. The goods Eccclesiastical ought to be collected and distributed by Deacons, as the word of God appoints, that they who bear office in the Church, may be provided for without care, or solicitude. 6. In the Apostolic Church the Deacons were appointed to collect and distribute, whatsoever was collected of the faithful, to the necessity of the Saints, so as none amongst them did want. 7. These collections were not only of that which was gathered by way of Alms, as some suppose, but of other goods movable and unmoveable, of lands, and possessions; the price whereof was brought and laid at the Apostles feet. 8. This office continued in the Deacons hands, who intromitted with the whole goods of the Church, till the estate thereof was corrupted by Antichrist, as the ancient Canons bear witness. 9 The same Canons make mention of a fourfold distribution of the Patrimony of the Church, whereof one part was applied to the Pastor, or for his sustentation and hospitality; another to the Elders and Deacons, and the whole Clergy; the third to the poor, sick persons, and strangers; and the fourth to uphold the edifice of the Church, and other affairs specially extraordinary. 10. We add hereunto the Schools, and Schoolmasters, who ought and may well be sustained of the same goods, and are comprehended under the Clergy; To whom we join Clerks of Assemblies, as well particular as general, Procurators of the Church affairs, takers up of Psalms, and other officers of the Church, who are necessary. CHAP. 10. Of the offices of a Christian Magistrate in the Church. 1. 1. For this whole Chapter it is thought meet, that an Article be presented to his Majesty, and Estates, craving a punishment to be appointed for those that put violent hands in Ministers, and likewise to desire such immunities and privileges to them, as shall be thought convenient. Although all members of the Church are holden according to their vocation, to advance the Kingdom of Christ jesus, so far as lies in their power; yet chiefly christian Princes, Kings, and other Magistrates are holden to do the same, for they are called in the Scripture, Nurses of the Church; because by them it is, or at least ought to be maintained and defended, against all those that would procure the hurt thereof. 2. So it pertains to the office of a christian Magistrate, to fortify and assist the godly proceedings of the Church, and namely to see that the public estate and ministry thereof be maintained, and sustained, as appertains to the word of God. 3. To see that the Church be not invaded, or hurt by false teachers, and hirelings, nor the rooms thereof occupied by dumb dogs or idle bellies. 4. To assist and maintain the discipline of the Church, and punish them civilly, that will not obey their censures, without confounding the one jurisdiction with the other. 5. To see that sufficient provision be made for the Ministry, Schools, and poor, and if they have not sufficient to await upon their charges, to supply their indigence with their own rents. 6. To hold hand as well to the safety of the persons from injury and open violence, and their rents and possessions; that they be not defrauded, robbed, and spoiled thereof; and not to suffer the Patrimony of the Church to be applied to profane and unlawful uses, or to be devoured by idle bellies, and such as have no lawful function in the Church, to the hurt of the Ministry, Schools, poor, and other godly uses, upon which the same aught to be bestowed. 7. To make laws and constitutions agreeable to God's word for the advancement of the Church, and policy thereof; without usurping any thing that pertains not to the Civil sword, but belongs to the offices merely Ecclesiastical; as the ministry of the Word, Sacraments, or using the Ecclesiastical discipline, and spiritual execution thereof, or any part of the spiritual keys, which the Lord jesus gave to the Apostles, and their true successors. 8. And although Kings and Princes that be godly, sometime by their own authority, when Churches are corrupted, and all things out of order, do place Ministers and restore the true service of God, after the ensample of some godly Kings of judah, and divers godly Emperors and Kings also, in the days of the New Testament: yet where the ministry of the Church is once well constitute, and they that are placed, do their office faithfully; all godly Princes and Magistrates ought to hear and obey their voice, and reverence the Majesty of God speaking by them. CHAP. 11. Of the present abuses remaining in the Church which are desired to be reform. 1. AS it is the duty of the godly Magistrate to maintain the present liberty which God hath granted by preaching of the Word, and the true ministration of the Sacraments within this Realm; so it is to provide that all abuses, which as yet remain in the Church, be removed and taken away. 2. Therefore first the admission of men to Papistical titles of Benefices, such as serve not nor have any function in the reformed Church of Christ, as Abbots, Commendators, Priors, Prioresses, and other titles of Abbeys, whose places are now by the just judgement of God demolished, and purged of idolatry, is plain abusion, and not to be received in the Kingdom of Christ amongst us. 3. 3. Let his Majesty and Estates be supplicated for dissolving these Prelacies, that Ministers may be provided to the several Churches, at least after the death of the present possessors. In like manner, seeing they that were called of old the Chaptors, and Convents of Abbeys, Cathedral Churches, and the like places, serve for nothing now, but to set Fewes, and Leases of Church lands, (if any be left) and Tithes, to the hurt and prejudice thereof, as daily experience teaches, the same aught to be utterly abolished and abrogated. 4. 4. Passed over. Of the like nature are the Deans, Archdeacon's, Chantors, Subchantors, Thesaurers, Chancellors and others, having the like titles which flowed from the Pope and Canon law only, and have no place in the reformed Church. 5. 5. Passed over. The Churches also which are united and joined together by annexation to Benefices, aught to be separated and divided, and given to qualified Ministers, as God's word requires: neither ought such abusers of the Patrimony of the Church, have voice in Parliament; nor sit in Council in name of the Church, and Churchmen, to the hurt and prejudice of the liberty thereof, and laws of the Realm, made in favours of the Reformed Church. 6. 6. Answered by the act of dissolution. Much less is it lawful that one person amongst these should have five or six, ten or twenty Churches, all having the cure of souls, and enjoy the Patrimony thereof; either by admission of the Prince, or of the Church in this light of the Gospel: for it is but mockery to crave reformation, where the like have place. 7. 7. An Act to be sought for disposing these united Churches to Ministers after decease of the present possessors. And albeit it was thought good for avoiding greater inconveniences, that the old possessors of such benefices who embraced the Religion, should enjoy by permission the two parts of the rents which they possessed before, during their life time; yet it is not tolerable to continue in the like abuse, to give these places, and other benefices of new to men as unmeet, or rather unmeeter, who have no mind to serve in the Church, but live an idle life as others did, who enjoyed the same in time of blindness. 8. 8. Referred. And whereas by the order taken at Leith 1571. it appears that such may be admitted, being found qualified, either that pretended order is against all good order, or else it must be understood, not of them that are qualified for worldly affairs, or to serve in Court; but such as are qualified to teach God's word, and have their lawful admission of the Church. 9 6. The last part of the Article differred. As to Bishops, if the name be properly taken, it is all one with the name of Minister, as was declared; for it is not the name of superiority or Lordship, but of office and watching. Yet because in the corruption of the Church this name hath been abused, and is like to be, we cannot allow this fashion of these new chosen Bishops, nor of the Chaptors, that are their electors to such in office. 10. 10. Agreed that Bishops have a particular flock. True Bishops should addict themselves to one particular flock, which divers of them refuse, neither should they usurp Lordship over their brethren, and the inheritance of Christ. 11, 11. Let the Diocese be divided in such sort as a man may reasonably visit, and for the perpetuity of Visitors, it is referred to further reasoning. & 12. Pastors, in so far as they Pastors, have not the visitation of more Churches, joined to the Pastorship, unless it be committed to them. 12. It is a corruption that Bishops should have further bounds to visit, than they may conveniently overtake; neither ought any man to have the visitation of Churches, but he that is chosen by the Presbytery. 13. 13. Passed over. The Elderships well established, have power to send out Visitors with Commission to visit the bounds within their Eldership, and after account taken, be either continued or changed from time to time, being subject always to their Elderships. 14. 14. Agreed. The criminal jurisdiction in the person of a Pastor, is a corruption. 15. 15. Passed over. It agrees not with the word of God, that Bishops should be Pastors of Pastors, or Pastors of many flocks, and yet be without a certain flock, and no ordinary teacher; nor doth it agree with the Scripture, that they should be exemed from the correction of their brethren, and the discipline of the particular elderships of the Church, where they shall serve; neither that they usurp the office of visitation of other Churches, nor any other function, besides that of other Ministers, unless the same be committed to them by the Church. 16. 16. Passed over. Heretofore we desire the Bishops that now are, either to agree to that order which Gods word requires, and not to pass the bounds prescrived by the general Church, either in Civil or Ecclesiastical affairs, or to be deposed from all function in the Church. 17. 17. Agreed. We ceny not in the mean time that Ministers may, and should assist their Princes when they are required, in all things agreeable to the word of God, whether it be in Council or Parliament, or out of Council: providing always they neither neglect their own charges, nor through flattery of Princes hurt the public estate of the Church. 18. 18. Referred. But generally we say, that no Pastor under whatsoever title of the Church, and specially the abused titles in Popery, of Prelates, Chaptors, and Convents, aught to attempt any thing in the Church's name; either in Parliament, or out of Council, without the Commission of the Reformed Church within this Realm. 19 19 Agreed, ●hat an Act be made that none hurt or diminish the patrimony of the Church. It is provided by Act of Parliament, that the Papistical Church and jurisdiction shall have no place within the Realm, and that no Bishop, nor Prelate should use any jurisdiction in time coming, flowing from the Pope's authority: And likewise that no other Ecclesiastical jurisdiction should be acknowledged within this Realm, but that which is, and shall be in the Reformed Church, and flowing from the same. And such we esteem the Chaptors holden in Papistical manner, either of Cathedral Churches, Abbeys, Colleges, or other conventual places, usurping the name and authority of the Church, 5 Agreed. to hurt the Patrimony thereof; or use any other Act to the prejudice ●of the same since the year 1560. by abusion and corruption, contrary to the liberty of the Church, and laws of the Realm; which therefore ought to be annulled, reduced, and in time coming utterly discharged. 20. The dependences also of the Papistical jurisdiction are to be abolished, of which sort is the mingled jurisdiction of the Commissars, in so far as they meddle with Ecclesiastical matters, & have no Commission of the Church thereto; but were elected in time of our Sovereign's mother, when things were out of order; It is an absurd thing that divers of them having no function in the Church, should be Judges in deposing Ministers from their places. Wherefore they would be either discharged to meddle with Ecclesiastical matters, or it would be limited to them in what matters they might judge, and not hurt the liberty of the Church. 31. They also that before were of the Ecclesiastical estate in the Pope's Church, 21. Answered before. or that are admitted of new to the Papistical titles, and now tolerated by the laws of the Realm, to possess the two parts of their Ecclesiastical rents, ought not to have any further liberty, but to intromet with the portion granted and assigned unto them for their life times, and not under the abused titles; which they carry to dispone the Church rends, setting in fewes and leases the same at their pleasure, to the great hurt of the poor labourers that dwell upon the Church lands, and the prejudice of the Church, contrary to good conscience and all order. CHAP. 12. Special heads craved to be reform. 1. WHatsoever hath been spoken of Church offices, the several power of office-bearers, their conjunct powers, and last of the Patrimony of the Church, we understand it to be the right reformation which God requires, but because something would be touched in particular, concerning the estate of the country, and that which we crave presently to be reform in the same, we have collected them in the heads following. 2. 2. Agreed. Seeing the whole country is divided in Provinces, and these Provinces in Parishes, as well to Landwart, and in Towns, in every Parish, and reasonable congregation there would be placed one or more Pastors, and no Pastor or Minister be burdened with the charge of more Churches than are allenarly. 3. 3. Agreed. And because it will be thought hard to find out Ministers to all the parish Churches of the Realm, we think by the advice of such as the Prince or Church may appoint, Parishes in small villages, or to Landwart may be united, and the principal or most commodious Church, at which the Minister resides, repaired sufficiently; the rest that are not found necessary, being suffered to decay, and the Churchyards reserved for burial places. As also where the congregation is too large, the same would be divided. 4. 4. Agreed. Doctor's would be appointed in Universities, Colleges, and other places needful for opening the Scriptures, and teaching the Rudiments of Religion, who would also be sufficiently provided. 5. 5. Differred until joining of Churches. As to Elders there would be in every congregation one or more appointed for censuring of manners, but not an Assembly of Elders, except in Towns, and famous places, where men of judgement and ability may be had. And these to have a common Eldership placed amongst them, to treat of all things that concern the congregations, of whom they have the oversight. 6. 6. Agreed as depending on the former. And as there ought men to be appointed for the dividing or uniting of parishes, as need and commodity requires; so by the general Church with the consent of the Prince, some that fear God, and know the estate of the countries, would be chosen to design the places, where particular eldership should convene; taking consideration of the Diocese, as they were divided of old, and of the estate of the countries and Provinces. 7. 7. Passed over in the Article of Provincial Assemblies. Likewise concerning Provincial and Synodal Assemblies consideration would be taken, how many, and in what places they should convene; how often the same must be referred to the liberty of the general Church. 8. 8. Agreed as before. The National Assemblies called commonly the general, aught to be maintained in their liberty, and have their own place, with power to the Church to appoint times and places of meeting. And all men, as well Magistrates as subjects, be subject to their judgement in causes Ecclesiastical, without reclamation or appellation to any Judge, Civil or Ecclesiastical. 9 9 Agreed to the general. The liberty of electing persons to Ecclesiastical functions, observed without interruption, so long as the Church was not corrupted by Antichrist, we desire to be restored, and retained within this Realm; So as none be intruded upon any congregation, either by the Prince or any other inferior person, without lawful election, and the assent of the people, over whom the person is placed, according to the practice of the Apostolic and primitive Church. 10. 10. Referred. And because this order cannot stand with Patronages, and presentation of benefices used in the Pope's Church, we desire all those that truly fear God, to consider, that Patronages and Benefices have no ground in the word of God, but is contrary to the same, and to the liberty of election of Pastors, and ought not now to have place in the light of reformation. And therefore whosoever will embrace the light of God's word, and desires the Kingdom of his Son jesus Christ to be advanced, would also embrace, and receive the policy which the word of God craves, otherwise it is in vain that they have professed the same. 11. 11. To be sought of the Parliament. Notwithstanding for other patronages of Benefices not having Curam animarum, such as Chaplanries', Prebendaries, founded upon temporal lands, annuals or such like, they may be reserved to the ancient Patroness, and be disponed by them to Scholars, Bursers, when they fall void, as they are required by Act of Parliament. 12. 12. Referred to the head of Deacons. As to the Church rends in general, we desire that order be maintained and admitted, which may stand with the sincerity of God's word and practice of the Church of Christ, in the purest times thereof: That is, that the whole patrimony of the Church (the small Patronages before mentioned being excepted) may be divided in four portions, one thereof to be assigned to the Pastor, for his entertainment and keeping hospitality; another to the Elders, Deacons, and other Officers of the Church, as Clerks of Assemblies, takers up of Psalms, Beadles, and keepers of the Church, so far as they are necessary, joining therewith the Doctors of Schools, for help of the old foundations, where need requires; the third portion to be bestowed upon the poor members of Christ, and the fourth upon the reparations of Churches, and other extraordinary charges, that are profitable to the Church and Commonwealth. 13. We desire therefore the Ecclesiastical goods to be uplifted and faithfully distributed by the Deacons, to whose office the collection and distribution belongeth, that the poor may be answered of their portion, the Ministers not distracted from their callings, and the rest of the Thesaury of the Church, bestowed upon the right uses. 14. If these Deacons be elected with such qualities, as God's word requires there is no fear to be taken of their abuse; yet because this vocation appears to be dangerous to many, let them be obliged as they were of old in an yearly account to the Pastors and Eldership. And if the Church and the Prince think expedient, let surety be found for their fidelity, and that the Church rents shall no way be dilapidated. 15. And to the effect this order may take place, all other intromettors with the Church rends, Collectors general or special, whether by the appointment of the Prince, or otherwise, must be discharged of further intromission, and suffer the Church rends, hereafter to be wholly intrometted with by the Deacons, and distributed to the uses before mentioned. 16. And also to the effect that the Ecclesiastical rents may suffice these uses, we desire all alienations by fewis, or leases of the rents of the Church, as well lands, as tithes, in diminution of the old rentals to be reduced and annulled, and the patrimony of the Church fully restored. As likewise that in time coming the tithes be set to none but to the labourers of the ground, as was agreed, and subscrived by the Nobility, or then not set at all. CHAP. 13. The conclusion showing the utility that shall flow from this reformation to all Estates. 1. SEeing the end of this spiritual government and policy is, that God may be glorified, the Kingdom of jesus Christ advanced, and they who are of his mystical body live peaceably, keeping a good conscience, we do boldly affirm that and all who have true respect to these ends, will even for conscience cause gladly agree, conform themselves to this order, advancing the same so far as lies in them; that their conscience being set at rest, they may be replenished with spiritual gladness in giving full obedience to God's word, and refusing all corruption contrary to the same. Next this Realm shall become an ensample and pattern of good and godly order to other Nations, Countries, and Churches, professing the same Religion; that as they have praised God for our continuing in the sincerity of the Word without all errors; so they may have the like occasion when we shall conform ourselves to that discipline, policy, and good order, which the same Word and purity of Reformation craves at our hands; otherwise that fearful sentence may be justly said to us, That servant that knoweth the Masters will and doth it not, etc. 3. Moreover, if we have any pity or respect of the poor members of jesus Christ who greatly increase and multiply amongst us, we will not suffer them to be longer defrauded of that part of the patrimony of the Church, that justly belongeth to them. And by this order, if it be duly put in execution, the burden of the poor shall be taken off the country, and the streets cleansed of their cry, and murmurings, so as we shall not be any more a scandal to other Nations, as we have hitherto been. 4. Besides, it shall be a great ease and commodity to the whole Commons, relieving them of the building and repairing of their Churches, Bridges, and other like public works; It shall be a relief to the labourers of the ground in payment of their tithes, and all other things, wherein they have hitherto been rigorously used by them that were falsely called Churchmen, and their Tasksmen, Factours, Chamberlains, and Extortioners. 5. Finally to the King's Majesty and Estate this profit shall redound, that the affairs of the Church being sufficiently provided, according to the foresaid distribution, the Superplus may be liberally bestowed for the supporting the Prince's estate, and the affairs of the Commonwealth. 6. So to conclude all, being willing to apply themselves to this order, the people suffering themselves to be ruled according thereto, the Princes and Magistrates not exempted, and they that are placed in the Ecclesiastical estate, ruling and governing rightly; God shall be glorified, the Church edified, and the bounds thereof enlarged, Christ jesus and his kingdom advanced, Satan and the kingdom of darkness subverted, and God shall dwell in the midst of us to our comfort in jesus Christ, who with the Father and Holy Ghost, abideth blessed in all eternity. AMEN. This was the form of policy presented to the Parliament, This was the course the Assembly took for admitting this form of policy. and the effect of the Commission granted for the same, such general heads as did not touch the authority of the King, nor prejudge the liberty of the Estate, were easily agreed. The rest were passed over, or deferred as we have seen, to further reasoning, which could not after this time be obtained of the Council, one excuse or other being still pretended. The Ministers perceiving they would not speed this way, did in their next Assembly resolve to put their conclusions in practice, without insisting any more for ratification thereof. And beginning with Mr. james Boyd Archbishop of Glasgow, The Archbishop of Glasgow urged to submit himself. whom they hoped to find most tractable, he was desired to submit himself to the Assembly, and to suffer the corruptions of the Episcopal estate to be reform in his person. After long reasoning kept with him by the Moderator David Ferguson and some others, he presented his answer in writing. I understand the name, office, and reverence given to a Bishop to be lawful and allowable by the Scriptures of God, The Archbishops answer presented in writing. and being elected by the Church and King to be Bishop of Glasgow, I esteem my calling and office lawful, and shall endeavour with all my power to perform the duties required, submitting myself to the judgement of the Church, if I shall be tried to offend, so as nothing be required of me, but the performance of those duties which the Apostle prescribeth. As to the rent, living, and privileges granted to me and my successors, I think I may lawfully, and with a good conscience enjoy the same. And for assisting the King with my best service in Council and Parliament, as my subjection ties me thereto; so I esteem it no hurt, but a benefit to the Church, that some of their number should be always present at the making of Laws and Statutes, wherein for myself I neither intent, nor by the grace of God shall ever do any thing, but that which I believe may stand with the purity of the word of God, and the good of the Church and country. This answer read in open Assembly was judged insufficient, The answer doth not content be Assembly. and he required to bethink himself better, and be present in the afternoon. But he excusing himself, returned not to the Assembly, whereupon Commission was given to Mr. Andrew Hay, Mr. Andrew Melvil, and some brethren in the West, to urge his subscription to the Act made at Striveling for reformation of the estate Episcopal; and if he did refuse, to proceed against him with the censures of the Church. The Bishop taking grievously these proceedings, and having received about the same time a great wrong at the hands of his Cousin Robert Boyd of Baydinheth, by the demolishing of the house of Lockwood, The Archbishop contracts sickness, and dieth. which is in the Barony of Glasgow, contracted a melancholy, whereof he died not long after at Glasgow. Nothing did more grieve him, than the ingratitude of Mr. Andrew Melvil and his uncourteous forms; he had brought the man to Glasgow, placed him Principal in the College, bestowed otherwise liberally upon him, and was paid for this his kindness with most disgraceful contempt. In private, and at the Bishop's table (to which he was ever welcome) no man did use him with greater respect, giving him his titles of dignity and honour; but in the public meetings where he owed him greatest reverence, he would call him by his proper name, and use him most uncivilly. The Commission of the Assembly he exerced with all rigour, and by threatening the Bishop with the censures of the Church, induced him to set his hand to certain Articles, which as he professed in his sickness, did sore vex his mind; yet being comforted by Mr. Andrew Polwart Subdean of Glasgow, he departed this life in great quietness He was a wise, learned, religious Prelate, and worthy to have lived in better times, than he fell into. His corpse was solemnly buried in the Choir of the Cathedral, and laid in the sepulchre of Mr. Gawan Dumbar, one of his predecessors. The small respect carried to Bishops in these Assemblies of the Church, The conditions prescribed to Bishops. made them dishaunt, and come no more unto the same. Yet matters went on, and because the Archbishop of S. Andrews did absent himself, Commission was given to certain of their number to call him before them, and charge him to remove the corruptions in the estates of Bishops in his own person, which they reckoned to be seven; ordaining him and the Bishops that would submit themselves to correction, to set their hands to the conditions following. 1. That they should be content to be Ministers and Pastors of a flock. 2. That they should not usurp any criminal jurisdiction. 3. That they should not vote in Parliament in name of the Church, unless they had a Commission from the general Assembly. 4. That they should not take up for maintaining their ambition, the rents which might maintain many Pastors, Schools, and poor, but content themselves with a reasonable portion for discharging their office. 5. That they should not claim the title of temporal Lords, nor usurp any Civil jurisdiction, whereby they might be withdrawn from their charge. 6. That they should not empire over Presbyteries, but be subject to the same. 7. That they should not usurp the power of Presbyteries, nor take upon them to visit any bounds that were not committed to them by the Church. Lastly, it was provided, that if any more corruptions should afterwards be tried, the Bishops should agree to have them reform. What troubles hereupon arose, both in the Church and Country, we shall afterwards hear. In Glasgow the next spring there happened a little disturbance by this occasion. A tumult in Glasgow for pulling down the Cathedral. The Magistrates of the City by the earnest dealing of Mr. Andrew Melvil and other Ministers, had condescended to demolish the Cathedral, and build with the materials thereof some little Churches in other parts for the ease of the Citizens. Divers reasons were given for it; such as the resort of superstitious people to do their devotion in that place; the huge vastness of the Church, and that the voice of a Preacher could not be heard by the multitudes that convened to Sermon; the more commodious service of the people; and the removing of that idolatrous monument (so they called it) which was of all the Cathedrals in the Country only left unruined, and in a possibility to be repaired. To do this work, a number of Quarriers, Masons, and other workmen was conduced, and the day assigned when it should take beginning. Intimation being given thereof, and the workmen by sound of a Drum warned to go unto their work, the Crafts of the City in a tumult took Arms, swearing with many oaths, that he who did cast down the first stone, should be buried under it. Neither could they be pacified, till the workmen were discharged by the Magistrates. A complaint was hereupon made, and the principals cited before the Council for insurrection; where the King, not as then thirteen years of age, The matter brought before the Council. taking the protection of the Crafts, did allow the opposition they had made, and inhibited the Ministers (for they were the complainers) to meddle any more in that business, saying, That too many Churches had been already destroyed, and that he would not tolerate more abuses in that kind. A little before this time the Abbot of Dunfermlin being returned from England, The Abbot of Dunfermlin returned from England. related in Council the effects of his negotiation, and was approved by all. For that which he had in Commission touching the Lady Lennox, he remitted the answer to the Queens own letters delivered to the King. Concerning the disorders fallen out in the Borders, the Queen, he said, did accept the excuse he made in good part, saying, she was assured, The report of his Commission. that both the King and Council were offended therewith, and that she was content the same should be redressed by the advice of the Wardens on both sides: only desired that in time coming the King would make choice of wise and experienced men, inclined to peace and justice, to command in those parts. As to the League, he declared that the Queen had a good inclination unto it; holding the same a most sure means to repress the practices of enemies both at home and abroad: But in regard he had no warrant to descend into particulars, he had abstained from any dealing therein, and could not but testify, that he saw in her a great care of the King his good Estate, and that both he and his message were most kindly accepted. The King in this mean time to pacify the Borders, The Lord Ruthven made Lieutenant of the Borders. which were broken loose, chiefly in the West parts, gave the Lord Ruthven a Commission of Lieutenandry, which he discharged with great commendation, and bringing with him the Lord Maxwel, who was Warden of the bounds, returned to Striveling the twentieth of january. A frequent Council was there kept for the time, wherein the Lord Maxwel being challenged of negligence in his office, did answer, That he had only the title of a Warden, and that the limitations of his charge, and the exceptions granted to the Gentlemen of the Country made the office needless and contemptible. But if the King should be pleased to discharge the exceptions, and give him a free Commission, such as his predecessors had wont to have, he should strive to do his best service to his Majesty and the Country. This answer was not well taken, and the Lord Hereis (as one known to have greatest experience in these matters) being desired to give his opinion, delivered the same in a long speech, to this purpose. Your Majesty, said he, hath in deliberation a business of great importance, whereof it were more fitting any man should give his opinion, than I, by reason of the suspicion I stand in with the present Warden; for what I say, will be interpreted to proceed of spleen, and of a desire to have the charge taken from him, An. 1579. and not of any care I take of your Majesty's service, or the good and benefit of the Country, yet seeing your Majesty commands me to speak, I will rather hazard on such misinterpreting, then keep back any thing which I know to be useful and necessary for the errand. And what I speak, I desire it to be understood of the West marches only, to which my experience chiefly reacheth. But because the evils would first be known, I will begin at them, and then propone the fittest and most easy remedies to my conception. Sir, a little before the death of your Majesty's Noble Grandfather King James the fifth, some few disloyal subjects of this Realm fleeing into England, did plant themselves in a parcel of waste ground, that lies opposite to the West Borders of Scotland, and being maintained by the English grew unto such numbers, and became so insolent, as they made daily incursions upon the Country. Your Majesty's Grandfather did hereupon employ certain forces against them, intending to sack and destroy their houses, and make them unable from thenceforth to annoy his subjects. But these forces not being rightly governed, and lacking the provision that was required for such an enterprise, were put to the worse, and shamefully discomfited. At that time, what by ransoming prisoners, what by the spoil they got, they gained above one hundred thousand Marks, wherewith, and by the depredations they have made since that time, they are become wealthy, have built eight or nine strong houses upon the frontiers of your Realm, that no Wardens power is able to force. They have joined in alliance with divers of our own Borders, as wickedly disposed as themselves, and are so feared, that every man is glad of their friendship; without which none is thought to have any surety, either of life or goods. When your Grandfather departed this life, which was in the year 1542. they did not exceed the number of 20. or 30. men at most. Now they are grown to three or four hundred, dwell nigh to others, are well armed, have good horses, and upon a simple shout are ready to join in defence one of another. The Borderers on the Scots side are not in this condition; for the space of twenty miles, there is not a strength in which an honest man may sleep safe, no town nor strong hold to retire unto in time of necessity, neither is the country populous, nor is it fruitful, the ground being a pasture ground, barren and profitable only for the bestial, the people that inhabit the same, poor▪ unruly, and not subject to order. So what for the number of these wicked men, that live in the English Borders, what for the evil disposition of our own, it is a charge most difficile to guard these marches, and to contain the people from doing or receiving wrong. The only remedy in this time of peace is, to keep our own countrymen in awe and fear of justice, so as neither they break lose themselves, nor have any dealing with their neighbours under hand, in their wicked practices. And how this may be done most surely, your Majesty and this honourable Council is to think; my opinion I have set down in some Articles, which I humbly submit to your Majesties and Counsels censure. Having thus spoken, he presented a writing containing these heads. 1. That the Warden should make his residence in Lochmaben with his family, Articles presented by the Lord Hereis. and if in the Winter season he made his stay in Dumfreis, he should depute a sufficient Gentleman, for holding Courts of Justice weekly, according to the ancient form. 2. That the Warden should be assisted with five or six of the wisest men in the country, of which number two should be of the name of johnston; and lest their chief should think the Wardens proceeding against his followers partial, and done out of old rancour, that a moderate course should be kept in confiscation of their goods, the half being allowed to the wives and children of them that should happen to be convicted and executed, and the other half disponed to the Laird of johnston himself. 3. That the Barons and landed men within the bounds should present their tenants and servants as they should be required, and no man excused or exempted. 4. That the Lords Carlisle and Hereis, the Lairds of Drumlanrig, Apilgirth, Lag, and johnston, should remain nigh to the Warden, and when the Lord Maxwell hath not the charge, that he be obliged to dwell in the house of Langhome, or if he be Warden himself, that he maintain a Captain therein, with twelve horsemen to be ready upon all occasions. 5. That the Warden be allowed a guard of 24. horsemen with their Captain, who shall be laid in the town of Annand. 6. That the King's houses of Lochmaben, and Annand, with the watchtower called Repentance, be repaired, a great bell and firepan put into it, with some honest man to watch and give warning to the country where the fray is, and a husband land allowed him for his service. 7. That the lands called The debateable lands be visited; that it may be known how much thereof is claimed by the broken men of the country to be their steeding, and security taken of them for keeping good order. 8. That days of truce be kept every 40. days once, or within two months at least, and such as shall be found to be robbed of their goods, be redressed to the double, and with safer, according to the law of Marches. Lastly, that his Majesty every year in the month of September, send one or two of the Council to try the estate of the country, what duty the Warden doth, and if the Barons and landed men do give their assistance, that where any defect is found, the same may be punished. At these Articles the Lord Maxwel took exception, The Lord Maxwel excepteth against the Articles. especially at the first and second; for the house of Lochmaben, he said was his own as heritable Stewart of Annandale, and that any part of the Escheats should be given to the Laird of johnston, he held it prejudicial to the Wardens office, and said it would be an occasion for other Barons to suit the like. But that which did most displease him (though this he dissembled) was, that any should be joined with him as assisters: for he would needs be absolute in these parts, and have all to depend of him, which ambition he still nourished, and thereby in end wrought his own ruin. Yet the King not willing to displace him (for he understood his power to be great in these marches) made offer to continue him in the charge, and to allow him a company of 24. horsemen, with a Captain for repressing the outlaws, upon three conditions. First, that he should take the advice of the Barons of the country in all affairs, and proceed in the ministering of justice by their counsel. Next, that none should be declared fugitives, but by their consents. And thirdly, that the servants of landed men should not be apprehended, till their Masters were first charged to exhibit them, unless they were taken in the fact, and as they speak with the red ●and. He excusing himself, and professing a great willingness to give his attendance to any other, whom his Majesty should appoint; the Lord Hereis was chosen Warden, and the custody of the West Marches committed to him. In the beginning of this year (to wit, The Earl of Athol dieth. upon the 24. of April, the Earl of Athol died at Kincarne, of a sickness contracted in Striveling, where he and some other Noblemen had been feasted by the Earl of Morton, and as report speaketh always the worst of great men's deaths, so the rumour at this time went, that Morton had made him away by poison: which his Lady and friends did so strongly apprehend, as when the Council was examining the Physicians that embalmed his corpse, whether they perceived any sign of poison at his unboweling, they took upon protestation that the trial of the Council should not prejudge the criminal pursuit, which they intended before the Justice. And albeit the Physicians did upon their oaths declare, that his death was not caused by any extraordinary mean, yet the scandal was fostered a long time by a sort of rhyming Libels, which were afterwards tried to be composed by one Turnbull a Schoolmaster at Edinburgh, Certain Libelers executed at Striveling. and another called William Scot, who were executed for the same at Striveling in the end of the Summer. A consultation was held at the same time in Striveling, Commission for apprehending the Lord Hamilton and his brother Lord Claud. for punishing the murderers of the two Regent's, which by the edict of pacification was delayed unto the King his assuming of the government in his own person. Touching the form of proceeding, the opinions of those that were privy to the business were different: for some thought that the persons who were suspected, should be summoned to a day and form of process kept with them; others judged that there needed no such formality, seeing the Authors were known, and the sentence of forfeiture pronounced against them, stood unreduced. To use a citation they said, was to give them warning to flee, whereas otherwise they might be taken unprovided, and brought to their censure. At last it was agreed that a Commission should be given to some Noblemen that had power, and affected the business, to apprehend them. This Commission was given to the Earls of Morton, Marre, and Eglinton, and to the Lords of Ruthven, 〈◊〉, and Boyd; which was not so closely carried, but advertisement went to the Lord Hamilton and his brother Lord Claud, so as they escaped. The Lord Hamilton going on foot through the most part of England in the habit of a Seaman, fled into France. They escape and depart forth of the Realm. Lord Claud after he had lurked a while amongst his friends at home, found refuge in the North parts of England: others of their friendship who stood in fear, saved themselves where best they could. Upon the report of their escape, Charges directed for the rendering the houses of Hamilton and Draffan. charges were directed for rendering the houses of Hamilton and Draffan, which belonged to the Earl of Arran their elder Brother, and were possessed by the Lord Hamilton as administrator to his brother because of his disease. The Earl of Arran himself they had kept in the Castle of Draffan, attended by some servants, and he was known to have no part in any of these facts, wherewith they were charged, so as by way of justice his estate could not fall under forfeiture; yet some colour of right behoved to be made for bringing the same under the Courts disposing. To this effect it was devised, that a complaint should be preferred in the name of the Earl of Arran, and his Majesty's Advocates, bearing the miserable condition of the said Earl, and how he was detained in close prison by his two brothers without fire, air, and the company of his honest friends; A complaint presented in name of the Earl of Arran. his living violently possessed by the Commendators of Aberbrothock, his Sheriffeship of La●rick usurped, himself denied the benefit of marriage, and debarred from succession against all law: for if he was an idiot or furious (as they gave out) he ought to have had Curators given him by the King; and if he was mentis compos, it was an intolerable wrong to use him in that sort. Therefore desired letters to be directed for his exhibition before the Council, that it might be known in what estate he was, and an honourable provision appointed unto him, such as befitted his birth and condition. This desire being judged reasonable, summons were directed against the two brothers that were fled, and they not appearing at the day, were denounced Rebels. But this not sufficing to work their ends, the disobedience of the Keepers in not rendering the strengths when they were charged, was made the Earls crime, and he found to have incurred the pain of treason; an act of the greatest injustice that could be done. Notthelesse upon this ground were both the Castles at that time demolished, and Captain james Stewart afterwards preferred to the Earldom of Arran. Whilst these things were doing, Monsieur No a Frenchman, The Queen of Scots, her Secretary denied access to the King. Secretary to the Queen of Scots came to Striveling with letters, and some presents to the King, but because in the superscription of the letters he was only entitled Prince of Scotland, the messenger was denied access, and neither his letters nor presents received. The rest of this summer was spent for the most part in summoning the Gentlemen of the name of Hamilton, The Gentlemen of the name of Hamilton put under surety. and putting them under surety, that they should not give supply to the fugitives, and be always ready to answer before the Council, when they should be called. Dame Margaret Lion Countess of Cassils', who not long before had married the Commendator of Aberbrothock, was suffered to possess the Jointure she had by her first husband upon the like condition. And because many were put in fear by this proceeding, that the pacification of Perth should be altogether annulled, his Majesty made a public declaration, That what was done in the present pursuit, was only for the murder of his Father and Regent's, (unto which both in honour and conscience he was tied) And that no Article of the pacification should be infringed, or called in question. In the beginning of july the Earl of athol's funerals were performed with great solemnity, The Earl of Argile created Chancellor. and his body interred in the Church of S. Giles at Edinburgh, after which Colin Earl of Argile was created Chancellor in his place. The King then resolving to show himself to his people, A Parliament indicted. and to fall into the exercise of his Princely authority, caused proclaim a Parliament to be kept at Edinburgh the twentieth of October. Whilst things were preparing for his remove, An. 1580. the Lord D' Ambigny arrived from France, of purpose to visit the King, as being nigh of blood, and Cousin german to his Father. The Lord D' Aubigny cometh from France. The King receiving him kindly, after a few days entertainment at Striveling, took him in company to Edinburgh, when he grew into such favour by his courteous and modest behaviour, as the King would not permit him to return unto France; and moving his grand Uncle to resign in his favours the Earldom of Lennox, he gave to him in recompense the title of the Earldom of March. Soon after the Abbacy of Aberbrothock which was fallen by Lord john Hamiltons' forfeiture was bestowed on him, He is created Earl of Lennox. and he preferred to be one of the privy Council. This sudden and unexpected preferment got him much hatred, and being of the Roman profession, The Earl of Lennox hated because of his credit with the King. his enemies filled the country with rumours, that he was sent from France only to pervert the King in his Religion. Notthelesse, in the Parliament which held at the time appointed, divers good acts were made in favour of the Church, but the matters of jurisdiction, which the Ministers did chiefly urge, was put off to a new Commission. The King writeth to the Assembly of the Church. Some months before, the King had required them, by a letter directed with john Doncanson his Minister, to abstain from making any novation in the Church policy, and to suffer things to continue in the state wherein they were, unto the Parliament approaching; without prejudging the decision of the Estates by their conclusions. But they neglecting the letter, went to examine the conference kept at Striveling the year preceding, and whereas in that conference divers heads were remitted to a further consultation, they ordained nothing to be altered either in form or matter, of that which amongst themselves was concluded. They further called the Archbishop of S. Andrews in question for granting collations upon some Benefices, and for giving voice in Parliament, not being authorized thereto by the Church. This did so displease the King, as from that time forth he did not countenance the Ministers as in former times, and upon the complaint of persons who otherwise deserved not much regard (that the Church might find in what need they stood of his favour) he suffered divers sentences to pass in Council, The proceedings of the Church displease the King. suspending their censures and excommunications. This dissension betwixt the King and the Church brought with it many evils, Jesuits and Priests resort to the country. for upon the notice of it divers Jesuits and Priests did resort into the country, and at home, such as were Popishly affected, began openly to avow their profession. In S. Andrews Mr. Nchol Burn professor of Philosophy in S. leonard's College, made open Apostasy from the truth; as Mr. Archihald and john Hamiltons' Regent's in the new College, had (not long before) done. In Dumfreis' Mr. Ninean Daliel Schoolmaster, did read to his Scholars the Roman Catechism, and in Paisley a number of Papists assembling together, did in derision sing a Soul Mass for the Ministers, as if they and their religion had been utterly gone. These things being complained of, and not much harkened to, the Ministers in their Sermons fell to regrate the countenance given to Papists in the Court, and the dangers wherein both the King and country were brought by the secret practices of the French. The King to stay these declaiming which he knew to be made against the Earl of Lennox, The King his care for reclaiming the Earl of Lennox. called the Ministers to Edinburgh, and showed them what travel he had taken to convert his Cousin, and how he had obtained his consent for taking a Minister in his house, which would be to good purpose, and serve both to debar Jesuits from access to the Nobleman, and win him by conference to a greater liking of the truth, desiring therefore that one of their number might be appointed for some short space to attend him. Mr. David Lindesay then Minister at Leth, being held the fittest, as well for his skill in the French tongue, as for his moderation otherwise, was with the King's approbation nominated to this service; by whose labours, the Nobleman was brought in a short space, to join himself to the Church, and openly in S. Giles to renounce the errors wherein he had been educated. Yet did not this remove the jealousies of the people, which were increased by the intercepting of certain dispensations sent from Rome; whereby the Catholics were permitted to promise, The Earl joins himself to the Church, but is still suspected. swear, subscribe, and do what else should be required of them, so as in mind they continued firm, and did use their diligence to advance in secret the Roman Faith. These dispensations being showed to the King, he caused his Minister Mr. john Craig form a short confession of faith, wherein all the corruptions of Rome, as well in doctrine, A confession of faith form because of the dispensations from Rome. as outward rites, were particularly abjured, and a clause inserted (because of these dispensations) by which the subscribers did call God to witness, that in their minds and hearts they did fully agree to the said Confession, and did not fain or dissemble in any sort. This confession the King for an Example to others, did publicly swear and subscribe; the like was done by the whole Council & Court; and observers appointed to take notice of those that did not resort to Sermon, or behaved themselves in any sort scandalously. So careful was the King to have the Church satisfied, and the rumours of the Courts defection from Religion repressed. After this all things continued quiet for a while, A rumour raised against the Earl of Morton. till by a bruit suddenly raised, none knew by whom, the Earl of Morton was taxed for keeping secret intelligence with the Queen of England, and a purpose he had to put the King in her hands. Morton complaineth of this in Council, and desireth a trial. But the King not willing to make business for a tale, whereof the Author would hardly be found, put it off saying, that he knew it to be a lie, and a malicious invention of enemies, and thereupon sent forth a Proclamation against lies & carriers of tales, tending to breed discord betwixt him and his Nobility. Yet as if some such thing had been feared, a motion was made some days after in Council for guarding the King's person, and electing of an high Chamberlain (which office none had borne for many years in this Kingdom) who should have twenty four to attend him, A motion of electing a Chamberlain. all of them the sons of Barons or Noblemen, and be ever at hand to accompany the King whither soever he went. The motion was applauded of all, The Earl of Lennox created Chamberlain. and after some ten days deliberation the Earl of Lennox preferred to the place. Alexander Areskin Captain of the Castle of Edinburgh, was chosen to be his Deputy, and a roll made of the Gentlemen that should give attendance. These were the Masters of Marshal, Rothes, Cassils', Lindesay, Levingston, Elphingston, Hereis, and Ogilvy, the Lairds of Cowdinknowes, Bargainy, Bombie, Kilsyth, Minto, Strathurd and Moncreeffe, Mr. Mark Ker of Preston Grange, George Douglas of Rumgawy, Captain james Stewart son to the Lord Ochiltrie, Alexander Ruthven the Commendator of Inchaffrey, the Prior of Coldingham, Alexander Home of North-Berwick, and james Chisholme. As extraordinaries, the Lord Maxwel, the Lairds of Cesford, Alexander Home of Manderston, and William Stewart of Caverston, were added to the number. All these took the oath of fidelity to the King, and obedience to his Chamberlain in the things they should be directed for his Majesty's service. The Earl of Morton, A trouble betwixt Oliphant and Ruthven. albeit he was much displeased with these courses, did carry a fair countenance, and concealing his discontents, waited still on the King, and was assisting in Council and public meetings. Once he minded to have withdrawn himself from Court, and to have lived privately, but was detained by a dissension that fell out in the time betwixt the Lord Ruthven and Master of Oliphant, who had married a daughter of Lochlevin; whom whilst he laboured to protect, he drew upon himself the hatred of the Lord Ruthven, and thereby was laid more open to the malice of his enemies. The Earl of Lennox charged by the Ambassador of England. Sir Robert Bows being sent at the same time Ambassador from England, to charge the Earl of Lennox with some practices against the peace of the two Realms; the blame aswell of his employments, as his sudden departing, was laid upon him: for the Ambassador's Commission and instructions being questioned, and he desired to exhibit the same before the Council, he refused to show them but to the King himself; which not being admitted, he went away complaining, that the Queen had deserved better than thus to have her Ambassage misregarded. His sudden departure amazed the Court not a little before, Alexander Home sent into England. wherefore to excuse the King, and try what the accusations were, wherewith Lennox should have been charged, Alexander Home of North-Berwick was sent in Commission to England: but the Queen denying him access, he was remitted to the Lord Thesaurer, who courteously told him, He is remitted to the Lord Thesaurer. That the Queen had refused him presence, not for any dislike she had of himself, whom she knew to be sound in Religion, and one that loved his King and his Country, but because the King had not used her well, calling in question the credit of her Ambassador, and requiring him to show his instructions, which was strange, he keeping himself within the bounds of his Commission. The Thesaurers' conference with Alexander Home. But your King, saith he, is young, and misled by new Counselors, whose fault the Queen knoweth it to be; I should therefore advise your King to hearken to her Majesty's counsel, who carrieth to him a true motherly affection, and make more account of her, then of his French Cousin, who is subject to the French King, matched with a French woman, addicted wholly to that faction, and what profession soever he maketh, a Papist in Religion. The hamilton's, saith he, being now exiled, he hopeth to be designed successor and heir to the Crown: but let your King know, that ambition hath no limits, and that the troubles which the French made in Scotland, are not yet forgotten, which would have perilled the liberty of that Kingdom, if the Queen by her prudence and power had not prevented the same. The Gentleman professing his thankfulness for her Majesty's good opinion of him, Alexander Homes his answer to the Thesaurer. answered, That if he should be permitted to speak with the Queen, he would satisfy her Majesty in that point which concerned her Ambassador. And for the King his Master, albeit he was young, and of few years, yet God had given him great wisdom and understanding; and that he would never willingly do the thing that might displease the Queen, nor hearken to any that should otherwise advise him; for he knew her Majesty's good affection, and would not forget the care she had of him in his tender age. That he could not be justly blamed for favouring his Cousin; but as the Nobleman (he believed) would never advise the King his Master to any that might prejudice the amity with England; so he was persuaded, that his credit did not extend so far, as to make any public breach with the Queen. But there are more dangerous plots in hand, saith the Thesaurer, than your King is wary of, and it is no wisdom to put too much confidence in any one person. Vlt. De●emb. Always time will discover the truth of every thing, at the present you must have patience, for the Queen will not see you. Thus was he dimitted. Upon his return, The Earl of Morton challenged for the murder of the King's father. and report of the conference he had with the Thesaurer, the King was easily made to believe, that all proceeded from the Earl of Morton and his intelligence in the Court of England, which by one way or other was held needful to be stopped. After some consultation taken about this, it was resolved to charge him with the murder of the King's Father; for a rumour had gone in former times, that he was conscious and privy unto it. Captain james Stewart (a man eager to win credit by what means soever) takes the matter in hand, and coming one day, as the King was sitting in Council at Halirudhouse, desired to be heard; being admitted, he fell upon his knees, and directing his speech to the King, he said, Out of the duty I owe to your Majesty I am come hither to reveal a wickedness that hath been long obscured. The Earl of Morton, who sitteth there in a place unseemly for him, was one of those that conspired your Father's death, and how dangerous it is to your Majesty's person, that he should be so near unto you, let the Noblemen here present consider; for me, I shall make good what I speak, only let him be committed and put to trial. The Earl rising up with a disdainful smile, The Earl of Morton his answer. answered, By whose instigation this Gentleman cometh to accuse me, I know not, and I wonder what grounds he buildeth upon in charging me with this crime; for none that ever suffered for it did touch me therewith, and it is known what diligence and severity I used against those that were suspected of that murder. If I pleased I could many ways decline this challenge, but my innocency is such, as I fear not the most rigorous trial. Sir, (with this he turned himself to the King and said) do in it as you please; either here or before any other judge, I shall be ready to answer, and when my innocency is cleared, your Majesty will think what the malice of those that have set on this man to accuse me, deserveth. Captain james Stewart sitting all this time on his knees, Captain james Stewart his reply. replied, that by no man's instigation, nor out of any private grudge of his own, did he intend this accusation, but his detestation of the fact, and the love of his Majesty's safety and honour, had only incited him thereto. For that he speaks of his diligence and severity; let me but ask him, said he, how and why he did prefer Mr. Archibald Douglas his Cousin to the place of a Senator in the College of justice, who was known to have been an actor in that murder, if he himself had no part in it? As the Earl was about to answer, the King commanded the Captain to go forth, and the Earl being likewise removed, after a short deliberation taken with the Council, he was committed in a chamber of the Palace, where he abode two nights. Morton is committed 2̄● januarii. The third day he was conveyed to the Castle with a company of his own friends, who did earnestly move him to make an escape. But he chiding them with great bitterness said, That he had rather die ten thousand deaths, then betray his innocency in declining trial. 18. januar. After some few days he was removed to Dumbritton Castle, that he might be further from his friends, and kept from all intelligence with them. The King had sent privily to apprehend Mr. Archibald Douglas who dwelled then at Norham, but he having notice of the Earls committing, fled into England. In the july preceding, An Assembly of the Church, with their proceedings against the Bishops. the Assembly of the Church had convened at Dundy, where it was concluded, That the office of a Bishop as it was then used, and commonly taken within the Realm, had neither foundation, ground, nor warrant in the word of God; and thereupon an Ordinance was made, that all persons either called to the said office, or that should be called thereto at any time thereafter, should be charged to dimit and forsake the same, as an office whereunto they are not called of God. As also to desist and cease from preaching, ministering the Sacraments, or using in any sort the office of a Pastor, till they should be admitted of new of the general Assembly, under the pain of excommunication. In the end of the Act it was directed, That concerning the patrimony of the Church possessed by the Bishops, the next Assembly should reason and advise upon the disponing thereof. Whether the folly or iniquity of this Ordinance was greater, The iniquity of their proceedings. it can hardly be said; for granting that the office of a Bishop had been as they judged unlawful, there was no reason to discharge them of using the ministerial office, till they should be received of new. And what a foolish thing was it to think that the Prince and Estates would permit the rents of the Bishops to be disponed at their appetites? They saw what was done with the other Prelaces, and how the Abbots and Priors were no sooner declared to be no office-bearers in the Church, but presently they turned temporal Lords, and carried the rents with them quite away from the Church. And could they look for other dealing with the Bishoprics? sure it was, if the titulars themselves did not find the credit to enjoy them, that others of the Laity would have invaded the same, as afterwards also they did. But to pass this, A letter from the Earl of Lennox to the Assembly. the Earl of Lennox desiring by all means to win the favour of the Church, sent to this Assembly Sir William Stewart a brother of Traquaire, with a letter to this effect; That it was not unknown to them, how it had pleased God to bring him since his coming into the country, to the knowledge of the truth, which he esteemed more than all worldly happiness, and that he had made open profession thereof, first in S. Giles Church at Edinburgh, and afterwards subscribed the confession of faith at Striveling, and was yet, if any farther was thought needful, ready to perform whatsoever should be required: assuring them of his best advice in all things tending to God his glory, and to the good of the Church, requesting, together with the assistance of their prayers, that he might continue in their good favours. But all this could not remove their suspicions of his counterfeiting, still he was taxed in public Sermons, and made odious to the people. Neither was it long after this assembly dissolved, that john Dury one of the Ministers of Edinburgh was called before the Council, john Dury committed to the Castle. and committed in the Castle for certain speeches of that kind uttered by him in Pulpit, but upon the supplication of his fellow Ministers and promise of forbearing, he was after a short stay in the Castle, licenced to return to his charge. In October following, Mr. john Row Minister of Perth departed this life, who for his piety and singular moderation deserveth here to be mentioned. The death of Mr. john Row. In his younger years having applied his mind to letters, and taking the degree of a Master in Arts, he became a pleader in the Consistory of S. Andrews, (a Judicatory then much frequented) and grew to be so skilled in the Canon law, as he was chosen to negotiate the affairs of the Church in the Court of Rome. julius' the third did then govern that See, of whom he was well accepted, and in possibility to have attained unto some preferment, if he would have stayed there, for he gained the favour of all to whom he was known; and was in special grace with Guido Ascanius Sfortia, Cardinal of Sancta Flora, who made such account of his skill and knowledge in the laws, that he would have him pass Doctor in the University, whereof he was Chancellor. After some eight or nine years' abode in those parts coming home to visit his country, and giving account of the affairs, wherewith he had been trusted, he found the state of the Church quite overturned, and the country all in tumult, by the reformation which was then in hand. Thereupon doubting what course then to take, and minding to return to Rome, he was dissuaded by the Prior of S. Andrew's, who held him in good esteem, and afterwards induced by the persuasion of john Knox to betake himself to the Ministry, which he exercised a certain space at ... in Fife, till by the General Assembly he was translated to the Town of Perth, there he continued unto his death, which happened in the year of our Lord 1580. and of his age the 54. a man whilst he lived well respected, and much lamented at his death by the people whom he served. In january next Sir Thomas Randolph came Ambassador from England, An Ambassador from England. his errand was to intercede with the King for the Earl of Morton his liberty; to which purpose, having called to mind the services done by the Nobleman in his Majesty's minority, and chiefly the diligence he had used in finding out and punishing the murderers of his Father, which by the malice of his adversaries was now laid to his charge, he requested in the name of the Queen his Mistress, that the Nobleman might be released from his Ward, declaring that her Majesty would esteem it a singular kindness done unto her, and otherwise would take it ill to be denied in so just and reasonable a matter. His Majesty's answer to the Ambassador. The King after he had heard him patiently, made answer, That the many good offices he had received from his sister the Queen, did tie him to a thankful requital, but in that particular which touched him so nigh, (the trial of his Father's murder) he knew she would excuse him; always, because of her intercession, he would be the more careful to have the trial rightly carried, and as liberty had been given to his adversaries to accuse, so the like, and greater should be allowed him for his defence. The Assembly of the Estates being called at the same time, An Assembly of the Estates. and the Ambassador pretending that his instructions concerned them in a part, did in the hearing of them all charge the Earl of Lennox as one that had traveled to divert the King's mind from keeping friendship with England; and done besides many ill offices since his coming to Scotland, both to the King and Kingdom; For he hath put, said he, the Kings most faithful subjects and servants from their places, brought in others nothing so trusty, stirred up the King against the Ministers of God's word, making no other account of them, then as of seditious rulers and turbulent persons; he hath loosed the Borders, said he, and made justice there to cease, and hath practised with forair Princes for the invading of England: which he offered to manifest by letters intercepted and brought to the Queen his Mistress. But this beyond all measure doth grieve her, that a Prince of such hopes, joined in such nearness of blood, and for whom she had taken so great care, should be thus misled and abused by wicked devices. If such a person ought to be tolerated to possess the King alone, and rule all things at his pleasure, your honours may judge. This discourse moved few or none, the wiser sort esteeming the letters he produced counterfeit, as afterwards also was known. This course not prevailing, The Ambassador laboureth with Noblemen to take Arms for Mortons' liberty. he dealt privately with the friends of Morton, and those that he knew envied Lennox his credit, to take Arms, and procure both Mortons' liberty, and the banishment of the Earl of Lennox; assuring them of aid both of men and moneys from the Queen of England: and by his persuasions brought the Earls of Argile, Montrosse, Angus, Marre, and Glencarn to enter into a confederation for performance both of the one, and other. But this combination held not long, being quickly discovered and broken. Of all the number, Angus and Marre only stood firm, resolving to hazard all, rather than Morton should perish. The Queen of England to make good her Ambassador's promise, Forces sent by the Queen of England to the Borders. sent down at the same time certain forces to the Borders; which troubled the Court a little, but was to no purpose, only it gave occasion to hasten Mortons' trial and execution. The King not to be taken unprovided, if invasion should be made by England, sent forth Proclamations, commanding all the subjects to be in readiness, for resisting such attempts; and withal levied some companies of horse and foot, to guard his person against any sudden assault. An. 1581. Next, a course was taken for confining those of Mortons' friendship in some remote parts of the Realm, and the Earl of Angus charged to keep Ward beyond the river of Spey; The proceeding against Mortons' friends at Court. the Laird of Lochlevin being benorth the water of Cromarty. The Lairds of Mains and Carmichal with Mortons' two natural sons, james and Archibald, were cited to appear before the Council. The Laird of johnston was discharged of his Wardenry in the West marches, and the Lord Maxwel put in his place. Angus for not entering within the time prefixed, was denounced Rebel, and prohibitions made to resset or supply him in any sort under pain of treason. Mains and Carmichall and Mortons' two sons not appearing before the Council, were likewise proclaimed Rebels. This rigorous proceeding, and a fear the Ambassador took that his practices were discovered, The Ambassador departeth secretly to Berwick. made him to depart secretly to Berwick. Sir john Seaton Master of the horses, was thereupon directed to complain both of his dealings, and of the forces sent unto the Borders in a time of peace, but he was stayed at Berwick, and not suffered to go any further. Then order was taken for bringing Morton to his trial, Sir john Seaton denied passage into England. and Commission given to the Earl of Montrosse, and Captain james, who was then first styled Earl of Arran, to make his convoy to Edinburgh. When the Commission was showed to the Earl of Morton, Morton brought from Dumbritton to Edinburgh. and that he found named in it james Earl of Arran, he wondered what man he was, for he knew the Earl of Arran to be deceased, and had not heard that Captain james did assume that title. Thereupon ask the Keeper of the Castle, who was Earl of Arran? when it was answered, that Captain james was the man; after a short pause, he said, And is it so? I know then what I may look for; meaning as was thought, that the old prophecy of the falling of the heart by the mouth of Arran, should then be fulfilled. Whether this was his mind or not, it is not known; but some spared not at the time when the hamilton's were banished, in which business he was held too earnest, to say, that he stood in fear of that prediction, and went that course only to disappoint it. But if so it was, he did find himself now deluded, for he fell by the mouth of another Arran, than he imagined. However it was, this is sure, that the news did at first perplex his mind not a little, and that after this time, he gave over all hope of life. Being brought to Edinburgh his process was made the first of june. Morton his indictment. The indictment charged him with conspiring, and concealing the murder of King Henry, and of being art and part (as the phrase is) in committing the same. He denied all, and pleaded not guilty. The Jutors being called, he excepted against Argile, the Lord Seaton and the Laird Waughton, yet they were all received upon their purgation, that they had not given any counsel to his hurt or prejudice. This done, Sentence pronounced. and they all sworn according to the custom, they went apart, and after they had consulted a while, returning into the Court, the Earl of Montrosse Chancellor of the Assize, declared him convict of counsel, concealing, and being art and part of the King's murder. At these last words he showed himself much grieved, and beating the ground once or twice with a little staff he carried in his hand, said, Art and part, art and part! God knoweth the contrary. When doom was given, that he should be taken to the place of execution, hanged on the gibbet, have his head cut off, his body quartered and affixed in the most public places, he uttered not a word, nor did he seem to be moved therewith, and because it was drawing towards night, he was conveyed back to the lodging wherein he was kept. In the morning Mr. james Lawson, The Minister's conference with the Earl of Morton. with two or three other Ministers, did visit him. They ask how he had rested that night, he answered, that of a long time he had not slept more sound; Now I am, saith he, at an end of my troubles, some nights before my trial, I was thinking what to answer for myself, and that kept me from sleep, but this night I had no such thoughts. Then falling to speak of his present case, and the sentence pronounced against him, they said that he should do well to unburthen his mind, and declare what his part was of the King's murder, he answered with a great attestation that he never gave consent to that wicked fact. The Earl Bothwel, said he, upon my return from England, (where I remained a while, because of Signior Davies slaughter) came to me in Whittingham, and after a long discourse broke the matter unto me, saying, that the Queen would have the King taken away, for that she blamed him more of Davies mother, than all the actors; and asked, What would my part be therein? I made him this answer, that being newly relieved of a great trouble, I would not willingly enter into another, and that I would have no meddling in that business. He not satisfied with my answer, insisted to have me consent, saying, The Queen would have it done. If so be, said I, bring me the Queen's hand-writing, that I may know that it is her mind. This he never did, and if he had brought it, I was fully resolved to have turned my back upon Scotland, and banished myself, till I saw better times. Next, they inquired whether Mr. Archibald Douglas had any dealing with him in that purpose. Whereunto he answered, that Mr. Archibald (being at that time a depender upon Bothwell) did bring him (he being then at S. Andrews) a letter from Bothwell, containing credit and that he traveled to persuade him to give his assistance to that fact: but he excused himself, because he saw no warrant from the Queen, as Bothwell had promised. After the murder committed, he said, that Mr. Archibald came again unto him, and told him that he did accompany Bothwell and Huntley to the place, and was assisting to the fact. Therefore can I not not deny, saith he, that I foreknew and concealed the same; but to whom should I have revealed it? for the King when he was advertised of the danger, would not believe it; But they have condemned me of art and part, said he, which is more than concealing; but as I wish God to be merciful to me now at my last, I never gave counsel nor consent thereto. The Ministers replying that he could not justly complain of the sentence, being guilty of foreknowledge, and concealing by his own declaration; he acknowledged the same to be true, but saith he, It would have gone alike with me, if I had been as innocent as S. Steven, or as guilty as Judas. But of that I am not to complain, nor will I stand to my justification, being assured, howsoever men have carried themselves in it, God hath dealt justly with me; and that I am to suffer nothing, but that which I have merited, yea worse. This confession reported to the King, The sentence mitigated. the rigour of the sentence was mitigated, and order given that he should be beheaded only, and his body committed to burial. In the afternoon, when it was told him by his Keeper, that the time was come, and all things were in a readiness, Arran desireth Morton to subscribe his confession. he said, I praise God I am also ready: And making forth was met by the Earl of Arran in the very entry, who desired him to stay, and subscribe his confession; he answered, I pray you trouble me not, for I am now to prepare myself for death, and cannot write in this estate. The Earl ceasing to urge that point any further, desired he might be reconciled with him, protesting that he had done nothing upon any particular grudge: Morton his Answer. he answered, It was no time to reckon quarrels, I forgive you and all others. When he was come to the scaffold, which was erected in the public street, he repeated the substance of his confession; and in some few words exhorted the people to continue in the profession of the true Religion, and maintain it at their power, entreating them to assist him with their prayers to God. The chief Minister did then conceive a prayer, during the time whereof, he lay prostrate upon his face, and was greatly moved, as appeared by the rebounding with many sobs and sighs. The prayer ended, divers came to be reconciled with him, Morton his behaviour at his death. whom he received very kindly, all the rest that were on the scaffold he took by the hand, bidding them farewell, and going towards the Block, laid down his head, and cried aloud; In thine hand O Lord I commit my spirit: Lord jesus receive my soul. Which words he was still uttering, when as the axe fell, and cut off his head. His corpse left on the place, lay from the hour of execution to Sunne-seting, covered with a beggarly cloak, every man fearing to show any kindness, or so much as to express a sign of sorrow; his corpse was afterwards carried by some base fellows to the common sepulchre, and his head fixed on the Tolbuith. Never was seen a more notable example of fortune's mutability; Mortons' qualities and good parts. he who a few years before had been reverenced of all men, and feared as a King, abounding in wealth, honour and number of friends and followers; was now at his end forsaken of all, and made the very scorn of fortune; to teach men how little stability there is in honour, wealth, friendship and the rest of these worldly things, which men so much admire. He was of personage comely, of a men stature, and a graceful countenance, and singular courage; whereof in the civil troubles he gave many proofs; wise and able for government, a lover of justice, order, and policy; but inclined to covetousness, which the wants and necessity he endured in his younger years, was thought to have caused; and given too much to the pleasures of the flesh, as at his dying he acknowledged with a great remorse. In this lastly most happy, that though his death in the world's eye was shameful and violent, yet did he take it most patiently, quitting this life with the assurance of a better. The day following, arran's proceeding against Morton and his servants approved. the Earl of Arran in Council made a discourse of his proceedings in the trial of Morton, declaring what he had done, and how to come to the knowledge of the fact, for which he had suffered, he was forced to use some rigorous dealing towards his servants, and put certain of them to the torture: lest this should be imputed to him as a crime, his desire was to have his Majesties and the Counsels approbation. This was easily obtained, and an Act made ratifying all that he had done in that business, as good service to his Majesty and the Estate; Yet was it well enough known, that the inquisition he made upon Mortons' servants, was to find out where his gold and money was hidden, Arran his marriage with the Countess of March. and for no purpose else. Near about the same time, he took to wife the Earl of March his Lady, a woman intolerable in all the imperfections incident to that sex. She had forsaken her husband not long before, and obtained sentence against him for alleged impotency, yet was she known to be with child even then by Arran, which made the Process on her part more shameful; nor was his part a whit better, nay rather much worse; having been a long time entertained in the Nobleman's house, and furnished by him in every thing necessary, whilst his estate was but yet mean; to have repaid the Nobleman so dishonourably, was accounted a vile ingratitude. The marriage always went on, and their unlawful love held that way legitimated. In August next the Earl of Lennox was created Duke of Lennox, Lord Robert Stewart Uncle to the King by his Mother made Earl of Orkney, William Lord Ruthven Earl of Gowry, and john Lord Maxwel Earl of Morton. Arran although he had assumed the title before, would then also be created Earl, which was done with great solemnity, and the first place bestowed on him, for he would not endure to be second to any, and took so ill the credit which he saw the Duke carried with the King, as he spared not to affront him at all occasions. The Laird of Farnherst was then newly returned from France, where he had lived divers years in exile, and by the Duke's favour, to whom the King could deny nothing, had respite given him for certain crimes committed in the King's minority. As it was passing in Council, the Earl of Arran did protest against it, alleging an oath made at Striveling by the Counsellors, not to give way to respites, or remissions granted to the King's enemies. Herewith the Duke offended, and a great heartburning grew amongst them, which in the Parliament kept at Edinburgh in the month of October following, burst forth in an open breach. The question was about some privileges belonging to the Chamberlain in time of Parliament, which Arran would not acknowledge, taking upon him, as Captain of the Guard, to place near unto the King whom he pleased. The Duke not enduring this insolency, absented himself from Parliament, which did so irritate the King, as the next day he went to Dalkeith, taking the Duke with him, and charged Arran not to come towards Court. Many were glad to see them thus committed amongst themselves, and for a while matters went so hot, as it was not expected the discord should be suddenly appeased. The Duke had the advantage of the King's favour, Arran strengthened himself with the common cause, giving out that the quarrel was for religion, and for opposing the Duke's courses, who craftily sought the overthrow thereof. And all this time this frowning of the Court continued, you should have seen him and his Lady repair so devoutly to Sermon and prayers, that the people believed this to be the ground of the dissension, and that he was only disliked for his sincerity in Religion. But Arran knowing this would not long bear out, and fearing to lose the King's favour altogether, he employed some friends to make offer of satisfaction to the Duke; and in end things were so composed; as Arran did quit the commandment of the Guard, and the charge thereof was given to the Duke. To return to the matters of the Church, there was a general Synod this year kept at Glasgow in the month of April, wherein the question of Bishops was again agitated; and because of the scruples which some brethren had at the Act concluded in Dundy the year preceding, especially where it was said, that the office of a Bishop had no warrant of the word of God; the Assembly declared, that their meaning was to condemn the estate of Bishops as they were then in Scotland. A number of the more wise and moderate sort interceded, that the conclusion of that matter might be for a time deferred, because of the inconveniences it would draw upon the Church, but they were cried down by the multitude. Amongst others, one Mr. Robert Montgomery Minister at Striveling, was so servant in the cause, as he would have the Assembly censure those that had spoken in defence of that corrupted estate. Yet before the end of that year, this zealous man did suffer himself to be more pitifully corrupted, the story whereof shall now be related: The See of Glasgow being then void, it was suggested to the Duke of Lennox by some flatterers, that he had a fair occasion presented, to make himself Lord of that City, and of the lands pertaining to that See, if he should only procure a gift thereof to some one that would make a disposition of the same to him and his heirs. The offer was made to divers, who refused all, because of the condition required; Montgomery his Simoniacal bargain for the Bishopric of Glasgow. At last, the agents in that business fell upon this Montgomery, who was content to accept it. A gift was thereupon form, and a Bond given by him, That how soon he was admitted Bishop, he should dispone the Lands, Lordships, and whatsoever belongeth to that Prelacy, to the Duke and his heirs, for the yearly payment of one thousand pounds Scots, with some horse-corn and poultry. A vile bargain it was, for which justly he ought to have been repulsed. But the Church passing this point, made quarrel to him for accepting the Bishopric, which the King would not acknowledge to be a reason sufficient. If they could charge him with any fault in doctrine or life, he was content they should keep their order, but to challenge him for accepting the Bishopric, he would not permit the same, having lately ratified the Acts agreed upon at Leth, Anno 1571. touching the admission of Bishops, and ordained the same to stand in force until his perfect age, or till a change was made thereof in Parliament. This related to the Church, Inquisition made of Montgomehy his life and doctrine. they did appoint Montgomehy his life and doctrine to be inquired upon, if possibly they could find any matter against him: which done, an accusation was framed, and he cited to answer in the next Assembly. The Articles laid to his charge were these. 1. That he preaching at Striveling had proponed a question touching the circumcision of women, and affirmed, they were circumcised in the skin of their forehead. 2. That teaching in Glasgow he should say, the discipline was a thing indifferent, and might stand this or that way. 3. That he called the Ministers captious, and men of curious brains. 4. That he laboured to bring the Original languages in contempt, abusing the words of the Apostle in the 1. Cor. 14. and jestingly asked, In what School were Peter and Paul graduated? 5. That to prove the lawfulness of Bishops in the Church, he had used the examples of Ambrose and Augustine. 6. That in his doctrine he said it was sufficient to baptise in the name of the Father only, or in the name of the Son, or in the name of the holy Ghost, seeing they are all one God, and to that effect alleged the nineteenth of the Acts. 7. That he should have called matters of discipline, and the lawful calling of the Church, trifles of policy. 8. That he charged the Ministry with sedition, warning them not to put on or off Crowns; for if they meddled therewith, they would be reproved. 9 That he condemned the particular application of Scripture, disdainfully ask, In what Scripture they found a Bishop for a thousand pounds, horsecorne, and poultry, etc. 10. That he oppugned the doctrine of our Saviour speaking of the number of the wicked, and them that perish. 11. That he denied any mention to be made in the New Testament of a Presbytery, or Eldership. 12. That he accused the Ministers of Pasquil's, lying, backbiting, etc. 13. That the Church being traduced with infamous libels, he did not only not find fault therewith, but seemed to approve the same, having used in his preaching, the very words of the Libel cast in the King's chamber against the Ministers. 14. That these three months past, he had been negligent in doctrine and discipline, and giving no assistance to the Eldership. The Articles were sent to the King by some Ministers, The Articles against Montgomery communicated to the King. who were desired to show his Majesty, that the accusation was not founded upon the accepting of the Bishopric, but upon erroneous points of doctrine. The King answered, That whatsoever colour they gave to the process, he knew, that his yielding to accept the place, was the true quarrel; and for himself, albeit he loved the Religion, and agreed fully therewith, he allowed not divers heads of their policy; always for the particular in hands, he would leave the man to make his own answer. This reported to the Assembly, they went on with the accusation, and Montgomery being called, Mr. Andrew Melvil became his accuser. The Articles upon his denial were admitted to probation, but few of them were verified, yet the conclusion of the Assembly was, that he should continue in his Ministry at Striveling, and meddle no more with the Bishopric under pain of excommunication. Mean while the Presbytery of Striveling (for they had now erected Presbyteries in divers places of the country) was enjoined to try his conversation and how he did exercise discipline, if possibly any thing might be found against him that way. It fell out at the same time, Mr. Walter Balcanquel questioned for speeches in Pulpit. that Mr. Walter Balcanquel one of the Ministers of Edinburgh, did utter some reproachful speeches in a Sermon against the Duke of Lennox, saying, That within these four years' Popery had entered into the country and Court, and was maintained in the King's Hall by the tyranny of a great Champion, who was called Grace. But if his Grace continued in opposing himself to God and his word, he should come to little Grace in the end. The King advertised of this, sent james Melvil his servant to complain to the Assembly, requiring some order to be taken therein. The Minister being put to his answer, said, That he praised God for two things, First, Balcanquels answer. that he was not accused for any thing done against his Majesty and the Laws: Secondly, that he perceived the Church had obtained some victory: For when he was last questioned for his Sermon, the Council did make themselves judges of Ministers doctrine: Now that he saw the complaint remitted to the Assembly, he was glad, and willingly submitted his doctrine to their trial: Only that he should not give advantage to his enemies, he desired the Apostolic Canon to be kept, which prohibiteth an accusation to be received against an Elder, but under two or three Witnesses. Mr. Thomas Smeton, The King ceaseth from pursuing the complaint. and David Ferynson were upon this directed to show the King, that the Assembly was willing and ready to try the complaint: but withal, that the liberty craved by the person accused could not be denied, he being a Presbyter. So if it should please his Majesty to send an accuser assisted by two or three witnesses, the accusation should be received, and justice done. The King not liking this answer, for he knew the difficulties he should have to find out an accuser, followed the business no more; but the Minister not contenting, that the cause should thus desert, would needs have the judgement of the Assembly, whether or not he had uttered in his Sermon any scandalous or offensive words? for they had been all Auditors of that he spoke. This being put to voices, the Assembly declared his doctrine to have been good and sound, and that he had given no just offence thereby to any person. When this was told the King, he was much offended; for not many days before, Balcanquels Sermon approved by the Assembly. when as the same Minister with his Colleague john Dury was called to give account of some speeches they had uttered in Pulpit, it was excepted, that the King and Council could not be judges of their doctrine; and now his Majesty having complained to themselves, and they being Auditors of the speeches, when he expected some censure to be inflicted, they had justified all that was spoken, and so would force him to take other courses, An. 1582. than he desired to follow. But to return to Montgomery his cause, the Ministers of Striveling, as they were enjoined, Montgomery suspended by the Presbytery of Striveling. made a visit of the Church, to try what they could find against him. All they got delated was, that he had baptised some children begotten in fornication, not calling the offenders before his Session. Upon this declaration he was cited to appear, and because he kept not the Diet, suspended from his function, he notthelesse preached still, and exercised all the parts of his Ministry, as in former times; which they took to be an high contempt, and therefore did summon him to the Assembly (which was shortly to meet at S. Andrews) to hear their sentence approved, and to answer to such other things as in that meeting should be laid to his charge; and because they understood, that against the inhibition of the last Assembly he was still labouring to secure himself in the Bishopric of Glasgow, He is cited to appear before the Synod of Lothian. and had cited the Chaptor before the Council, for refusing to convene to his Election, they likewise charged him to compeir before the Synod of Lothian, to hear the sentence of excommunication pronounced against him. The King being informed of this, caused warn the Synod to appear the twelfth of April at Striveling, The Synod inhibited to proceed. discharging in the mean time all proceeding in the business. Mr. Robert Pont, and with him a few others compeiring at the day, he in the name of the rest protested, That albeit they had compeired to testify their obedience to his Majesty, yet he did not acknowledge his Majesty and Council judges in that matter, the same being a cause Ecclesiastic, and that nothing done at that time should prejudge the liberties of the Church, and Laws of the Realm. This protestation the Council rejected, inhibiting the Ministers to use any proceeding against Montgomery, which because of the General Assemblies approaching they yielded unto; only they caused charge him to appear before the Assembly. When the Diet came, he appeared, and first protesting for remedy, if they should use him wrongfully; he said, that the process of Striveling could not be allowed, for that he was never lawfully summoned to hear any sentence given against him. An Assembly at S. Andrews. The Presbytery of Striveling remitting themselves to the process, the Assembly declared the same to be rightly deduced, and ratified the suspension pronounced. Mr. Mark Ker sent to discharge the Assemblies proceeding. As they were proceeding to his censure, for contempt of the sentence, Mr. Mark Ker, than Master of the Requests, presented a letter from his Majesty, inhibiting them to trouble the Bishop for any thing that concerned the Bishopric, or whatsoever cause preceding; for that the King would have those things heard and handled in his own presence. The Assembly answered, that because of his Majesty's request, they should look more carefully to the business, and see all things carried rightly, according to justice. The Master of Requests replying that his Majesty had willed them by his letter to desist, The Assembly discharged under pain of Rebellion to desist. and treat no more of that business: Mr. Andrew Melvil, who presided for the time, answered, that they did not meddle with things belonging to the Civil power; and for matters Ecclesiastic, they were warranted to proceed in these, specially with one of their own number. He perceiving that notwithstanding of his Majesty's letter they would proceed, caused a messenger of Arms whom he had brought with him, charge them under pain of Rebellion to desist. Then was Montgomery called to see if he would abide by the charges used at his instance; But he was retired to his lodging, and could not be found; and (the night drawing on) was appointed to be summoned to the next morning to receive his censure. After the hour appointed, one William Montgomery having procuration from him, appeared, and appealing from the Assembly to the King and Council, The Assembly proceedeth, and findeth him culpable of divers crimes. gave this for a reason amongst others, that he who was his accuser in the last Assembly, was turned to be his judge. But the Assembly rejecting the Appellation, fell presently a reading the enorm crimes (so they called them) whereof he was guilty; nor was there any thing omitted that served to aggravate the same; corruption in doctrine, dissoluteness of life, contempt of the Church's sentence, falsehood, and breach of promise, lying, perjury, moving of sedition, and stirring up certain of the Nobility against the Church. Of all these he was declared culpable, Montgomery falling from his resolution, submits himself to the Assembly, and ordained therefore to be deprived, and cast forth of the Church. How soon he heard that this conclusion was taken, his courage which seemed before high and resolute, began to cool; whereupon presenting himself to the Assembly, he renounced his appeal, desiring conference of some godly and learned brethren: which granted, he was induced by them to confess his offence in divers particulars, submitting himself to the will of the Assembly; and in end, to promise solemnly in the presence of the whole number, that he should meddle no further with the Bishopric of Glasgow, and neither accept of it, nor of any other office in the Church, without the advice and consent of the General Assembly. Yet this gave not an end to the business; for how soon he returned to the Court, and perceived the King countenance cast down upon him for that he had done, he undertook of new to settle himself at Glasgow, and had letters from his Majesty to the Gentlemen of those parts to assist him. Montgomery changeth, and returneth to his first course. At his coming to Glasgow with purpose to preach the Sunday following, a number of the Students in the College entered into the Church on Saturday at night, and excluding him, did keep the Chair for Mr. Thomas Smeton their Principal; Mr. Thomas Smeton his Sermon at Glasgow. who taking for his Theme that saying in the Gospel, He that enters not by the door, but by the window, is a thief and a robber, inveighed against the Bishop for his simonaical entry, and the levity he had showed in all his proceedings. The next Sunday the Bishop with a great convocation of Gentlemen came to the Church, and displacing the ordinary Preacher, Mr. David Weymes, made the Sermon himself. Montgomery processed for preaching at Glasgow. The Presbytery of Glasgow intending process against him for molestation of the Church, and usurping the place of the ordinary Preacher; Matthew Stewart of Minto Provost of the City, came and presented a Warrant from the King, to stay all proceedings against the Bishop, willing them to desist: Mr. john Howeson Minister of Cambustange, The Moderator of the Presbytery imprisoned in the Tolbuith. moderating in his course (as the custom than was) and replying somewhat peremptorily, that notwithstanding his Warrant they would proceed, some words of offence passed, whereupon the Provost pulling him from the Seat, made him prisoner in the Tolbuith. The rumour of this fact ran quickly through the Kingdom, A solemn Fast kept. and a solemn fast being kept by the appointment of the former Assembly, the causes whereof were made to be the abundance of sin, the oppression of the Church, the dilapidation of the rents, and the danger wherein the King stood by the company of wicked persons, who did seek to corrupt him in manners and Religion; the insolency committed at Glasgow was likewise adjected, and furnished matter of long discourse to the Preachers. Amongst others, john Dury did exclaim mightily against the Duke of Lennox, upon whom the blame of all things was laid, and thereby did so irritate the King, as he would needs have him removed forth of the Town. Charges to that effect were directed, john Dury Minister at Edinburgh, was removed from his charge. commanding the Magistrates within the space of 24. hours to remove him: who not daring disobey, yet being unwilling to use their Minister in that sort, traveled with him to depart quietly, and leave the Town. The Minister proponing the case to the General Assembly, (for upon advertisement given by the Ministers of Edinburgh, they were there convened) desired their advice: for, to leave his flock at the pleasure of the Court, he said, might work a prejudice to the Church, and to depart privately as the Magistrates advised him, might be imputed to fear, or then make him to be thought guilty of some fault. The brethren after a short consultation did advise him to stay, Ministers directed to the King. till he should be commanded to depart, and then obey. Mean while, Mr. Thomas Buchannan and David Ferguson were sent to the King, who was then at Striveling, to entreat his Majesty's favour unto him, and therewith to request a continuation of the Diet, for the appearing of the Ministers of Glasgow at Perth. The King desiring to have matters quieted, answered the last proposition first, saying, That if the Assembly would delay the process which they had against the Provest of Glasgow, and his assisters, he would likewise dispense with the appearing of the Ministers at the appointed time. And as to john Dury he said, that upon his supplication, how soon the Duke returned to Court, whose interest was greatest in that business, order should be taken with him, and consideration had of the Assemblies request. But they not satisfied herewith, striving to make good what they had taken in hand, went on with the process of Glasgow, and leading probation against Minto and the rest, discerned them to be excommunicated, and cast forth of the society of the Church, only the pronouncing of the sentence was delayed, till they saw what course was kept with their brethren before the Council. Mr. john Davidson then Minister at Liberton, pretending a warrant from the Church, had in his private Parish pronounced Bishop Montgomery excommunicate, Mr. john Davidson excommunicated Montgomrie. which (albeit done against all form) was allowed, and intimated in all the Churches of the country. The Duke of Lennox notwithstanding did still entertain him in his company, and at some occasions had made him to preach publicly. Thereupon Mr. Alexander Archbuthnet, and Mr. Adam johnston were directed by the Assembly, to intimate unto the Duke his excommunication, and the Acts of the Church against such as kept excommunicate persons in their company. The Duke taking them up somewhat hotly, asked them, Whether the King or the Church were superiors; and thereafter answered them directly, That he was commanded by the King and Council to entertain him, which he would not forbear to do, for any fear he had of their censures. This amongst other grievances of the Church was ordained to be represented to his Majesty by the Commissioners appointed to attend the Council at Perth. But touching this, the King answered, That the excommunication was null, and declared such by the Council, as being pronounced against equity and all lawful form, no citation being used, nor any admonition preceding, which all laws, and even their own discipline appointed to be observed. To their other grievances they received general answers, and for the brethren of Glasgow, their trial was continued to the tenth of September next. Before which time the surprise of the King's person at Ruthven fell out, The surprise of the King at Ruthven 23. Aug. 1582. which altered the state of all affairs, some of the Nobility combining themselves for defence of Religion and the liberty of the Kingdom (as they pretended) upon notice of the Duke of arran's absence from the Court, placed themselves about the King, and detained him some days at the house of Ruthven. The principals in this attempt were john Earl of Marre, William Earl of Gowry, Patrick Lord Lindesay, Robert Lord Boyd, The King stayed from his sport by the Master of Glammit. the Masters of Glammis and Oliphant, the Abbots of Dunfermlin, Paisley, Driburgh, and Cambush keneth, the Lairds of Lochlevin, Easter Weemes, Cleish, and the Constable of Dundy. The King at their first coming suspected there was some practice in hand, yet dissembled the matter, thinking to free himself the next day, when he went abroad to his sport; but as he was about to go, the Master of Glammit stepped to the door of the Parlour, and told him he must stay. The King asked the reason; he answered, he should know it shortly. When he saw it to be so, and found his liberty restrained, he grew into a passion, and after some threatening speeches burst forth in tears. The Master seeing him weep, said, It is no matter of his tears, better that bairnes should weep, than bearded men: which words entered so deeply into the King's heart, as he did never forget them. The news went quickly of the Nobleman's being at Court in such numbers, which made the Earl of Arran haste thither, for he held himself assured of the Earl of Gowries friendship, as being of his alliance, and having kept one course in the pursuit of the Earl of Morton; his only fear was, that he should be stayed by the way, therefore having crossed the ferry, he singled himself from his company, and taking one only servant with himself, directed his brother William Stewart to keep the high way with the rest. By this mean he did escape those that lay in wait for him, and came in the evening to Ruthven; where, when he had entered the gate, Arran withholden from the the King. he asked what the King was doing, as meaning to go directly to him, but was conveyed to another room, and told that he must have patience, and think his fortune good, that he was come to that place with his life saved; as he himself judged, when a little after he heard that the horsemen which lay in wait of him, and encountered his brother near unto Dublin, after divers wounds given him, had taken him prisoner. A day or two after, The Duke of Lennox sendeth to inquire of the King's Estate. some Noblemen employed by the Duke of Lennox, who remained then in Dalkeith, came to Court, but were not permitted to speak with the King, nor see him except in Council. Being examined what their business was, they told that the Duke of Lennox had sent them to learn of the King in what condition he was, and if he was detained against his will, as the rumour went, he might, with the assistance of other good subjects, see him made free. The King presently cried out, that he was captive, which he desired all his subjects know, and that the Duke should do what he might to procure his liberty. The Lords prayed his Majesty not to say so, for that he should not be denied to go whither he pleased, only they would not permit the Duke of Lennox and Earl of Arran to misled him any longer, The Duke of Lennox willed to retire to France. and oppress both Church and Kingdom, as they have done. Wherefore he should do well to cause the Duke retire himself quietly to France, otherwise they would be forced to bring him to an account of his doings, and proceed against him with rigour of law. This they willed the same Noblemen whom he had sent, to signify unto the Duke, and that they were resolved to maintain what they had undertaken at the utmost hazard of their lives and estates. After they were gone, A Proclamation declaring the King's contentment with his stay at Perth. the King's anger being somewhat assuaged, and fearing the Duke's case more than his own, he was moved to send forth a Proclamation to this effect. That for pacifying the present commotions, and removing some differences fallen out amongst the Nobility, his Majesty had thought it expedient to interpose himself a Mediator; and for the better working of an union amongst them, had resolved to make his residence in Perth for a time, till he saw what good effects his travels might produce. And lest his stay in these parts should be interpreted to be a detention of his person, because of the Noblemen and others that had lately repaired to Court, his Majesty declared, that it was his own free and voluntary choice to abide there; and that the Noblemen and others who did presently attend, had done nothing, but what their duties obliged them unto, and which he took for a good service performed both to himself and to the Commonwealth. Therefore inhibited all the subjects to attempt any thing that might tend to the disturbance of the Realm, commanding them also that had levied any forces upon pretext of his Majesty's restraint, to dissolve the same within six hours under the pain of death. This Proclamation was dated at Perth the 28. of August, some six days after the surprise of his person at Ruthven. The Duke in the mean time was gathering forces, The Duke is advised to go unto Dumbritton. and grown to be strong by his friends and others that repaired unto him; when a letter came from the King, signifying that it was his pleasure, he should leave the Realm, and depart forth thereof before the 20. of September. The letter he communicated to his friends, who did all advise him to retire unto Dumbritton, where he might with more safety stay for a while, and if he found not an opportunity to right himself, should have good occasion of shipping for France. When he was come thither, the resort of Noblemen and Barons, and others, were so great unto him, that the Nobility offending therewith, directed letters, charging him to live more private with his ordinary retinue, and all others that were in his company, to return to their houses within 12. hours after the charge, and not to come nigh the part where he remained, or should happen to reside, during the time of his abode in the Country. The bruit of this change being carried to England, An Ambassador from England September 12. the Queen sent Sir Henry Cary and Sir Bobert Bows unto the King to advise him, in regard of the danger he was fallen into by the perverse counsels of the Duke and Earl of Arran, to take in good part the Lords enterprise, The Earl of Angus received in favour October 12. and restore the Earl of Angus, who had lived exiled in England, since the time of Mortons' execution. This last they obtained with no great difficulty, so as the Nobleman was soon after reconciled, & accepted in favour: but to the first point, the King having a suspicion that the attempt was not made without the Queen of England's knowledge, he gave good general answers, whereby it was hoped that upon the Nobleman's good behaviour, in a short time his offence would be mitigated. The King also conceiving that a gentle usage would bring them to reconcile with the Duke of Lennox, began to give them a more gracious countenance then before. But he found them untractable, and not without great instance, did purchase their consents to a few day's prorogation of his departing, upon promise that he should be pursued as a Rebel, if he went not away at the time appointed, wind and weather serving: yet was his going put off upon divers occasions till the midst of December, at which time he was forced to depart as we shall hear. The Lords in the mean while careful to strengthen themselves, The Lords bring the King to Halirudhouse Octob. 8. brought the King to Halirudhouse in the beginning of October, knowing that the people of Edinburgh did affect their enterprise, as appeared by the reducing of john Dury their Minister immediately upon the news of the King's restraint, and the triumph they made, singing as they went up the street the 124. Psalms, Now Israel may say, etc. They understood also that the Assembly of the Church was to convene in the same town the nineth of that month, An Assembly of the Church at Edinburgh. and doubted not to find them favourable enough. To this Assembly Mr. William Areskin (styled then Commendatory of Paisley) was sent by the Noblemen to declare that the causes moving them to that enterprise, were the evident peril they perceived the Religion was brought unto, with the disorders and confusions introduced into the State: whereof having discoursed a while, he came in end to desire the Assemblies approbation of their proceedings, as that which would encourage them much, The Lord's ●end to obtain the Assemblies approbation. and dishearten the common adversary. This proposition made, first it was voiced, whether the dangers of the Church and disorders of State were such as in their hearing were related: which being affirmatively answered by the whole Assembly, Mr. james Lawson, Mr. David Lindesay, and Mr. john Craig were appointed to signify unto the King what the Assembly had found, and to require his own judgement therein. The King esteeming it most sure for himself to temporize, said, That he believed Religion was in hazard, and indirect courses taken to overturn the same, wherewith he acknowledged his own danger to be conjoined; and for abuses crept into the Commonwealth, as they were too many, so he expected that all good subjects, and they for their own parts would help to remove the same. This answer returned to the Assembly, they concluded an Act in this form. For as much as the Noblemen and others joined with them in the late action of reformation, The Assemblies ratificacation of the attempt at Ruthven. out of a desire to have the Church, and whole professors of the true Religion, understand the grounds and occasions moving them to repair towards the King's Majesty, to seek redress of the disorders fallen out in the Commonwealth, have made public attestation to the whole Assembly, that the motions and grounds of their enterprise were, and are, to deliver the Church of God within this Realm, and the true Religion therein professed, from the evident peril and danger wherein all men perceived the same to stand; as likewise to guard and preserve the innocent person of the King his Majesty and Estate, being in no less hazard than the other, and to remove the corruptions and confusion entered into the body of the Commonwealth: wherein as they are well persuaded themselves, to have done good service to God, and to have performed their duty to their Sovereign and country; so they wished all that feared God should judge and esteem well of their action, especially that the brethren of this Assembly should declare their good liking and approbation thereof, and ordain all the Pastors and Ministers within the Realm, to publish in their particular Churches the causes and grounds moving them to the said enterprise; exhorting all Noblemen, Barons, and other faithful subjects to give their best concurrence and assistance thereto. The Assembly having weighed the said desire with the whole circumstances thereof, have in the fear of God after mature deliberation resolved, found and voted, no man gainsaying, That not only the Church of God within this Realm, and true Religion professed in the same, but also the King his most noble person and royal estate, were and stood in extreme danger and hazard, besides the manifold gross abuses that had invaded the Commonwealth before the late enterprise, which his Majesty had acknowledged and professed to the Commissioners of the present Assembly. And that therefore the said brethren could not but think their Honours, employing themselves hereafter for averting the like dangers, to have done good and acceptable service to God, their Sovereign and native country. And the prosecution thereof, all partiality aside, will be acceptable to all that fear God, and tender the preservation of the King's person, and prosperous estate of the Realm. And to the effect the same may be made the more manifest and notorious, it is thought expedient that all the Ministers within the Realm upon the first occasion shall publicly declare unto their particular flocks the peril wherein the Church of God and true Religion, the King his most noble person, and estate stood, with the grounds that moved the said Noblemen unto the late action, recommending the same to the consideration of all good subjects, exhorting them as they tender the glory of God, and love the preservation of the King and country, faithfully to concur and join with the said Noblemen in prosecuting the said grounds to the full deliverance of the Church, and perfect reformation of the Commonwealth; And if any should be found either by word maliciously, or violently by way of deed, to oppose to that good cause, they shall be called before the particular Elderships, and order put unto them by the censures of the Church; and in case of their wilful and obstinate continuing therein, be delated to the King and Council, to be punished for their offence civilly. This Act of the date the thirteenth of October 1582. was published in all the Churches of the Realm, to the offence of many good men, who were grieved to see had cause thus coloured and defended. A Convention of the Estates at Edinburgh. But the Lords knowing that this approbation could not secure them, had laboured the King to convocate the Estates for the same purpose; The eighteenth of the same month being appointed for their meeting, there came to the convention for the Church estate, the Archbishop of S. Andrews, the Bishops of Dunkeld and Orkney, the Abbots of Dunfermlin, Newbottle, Paisley, Driburgh, Cambuskenneth, Culrosse, Inchaffray, Coldingham, and Pittinweyme; of the Nobility there were present the Earls of March, Arrol, Marshal, Bothwel (who some few months before returned from beyond Sea) Mar, Rothes, Glencarn, Eglinton, Gowrie, and Morton; the Lords Lindesay, Home, Ogilvy, Hereis, Boyd, ... and Sinclare. But from the Burghes there came not any Commissioners, nor could they be moved to countenance this action in any sort; conceiving, as it fell out, that how soon the King obtained his liberty, he would censure and condemn the fact as treasonable. To these always that convened the King had a speech, The King's speech to the Estates. much to this effect, That of all the vexations he had tried since his acceptation of the government in his own person, the distraction of the Nobility was the greatest, and at the present did grieve him most; for the removing whereof, he had called them together, and expected their best counsel and help. In other things, he said, that needed reformation, he would be willing to follow their advice. One of the Lords, I find him not named, made answer, that the dissensions of the Nobility were caused chiefly by some, that having his Majesty's ear, did abuse his favours, ruling all things at their pleasure, and disdaining the advice of other fellow counsellors. Then falling into particulars he said, that the Duke of Lennox and Earl of Arran had misgoverned all affairs, The attempt of Ruthven declared to be good service. and brought divers abuses into the State, which unless some Noblemen had taken a course to remedy by their repairing to his Majesty, both Religion and State in a short time had been subverted. After this, the Earl of Marre, Gowry, and Glencarne, who had been the chief actors in that attempt, rose up, and having declared the cause, which moved them to take that action in hand, did humbly offer to submit themselves to the censure of his Majesty and the Estates, and thereupon removing themselves forth of the Convention, it was found and declared, That in their repairing to the King upon the 22. of August last, and abiding with him since that time; they had done good, thankful, and necessary service to the King and country. Also that their taking of Arms, making of Conventions, entering in conflicts, taking and detaining of prisoners, contracting of leagues and bonds, and all other deeds done by them, which might appear to be against his Majesty's authority, in so far as the same was done without his Highness' warrant, should be reputed, and esteemed good service done to the King and State. And that they and their partakers should be exonered of all action, civil, or criminal, that might be intended against them, or any of them in that respect: Inhibiting therefore all the subjects to speak or utter any thing to the contrary, under the pain to be esteemed calumniators and dispersers of false rumours; and to be punished for the same accordingly. The declaration passed, it was ordained that the Earl of Arran should be detained in the Castle of Ruthven, The Earl of Arran ordained to be detained till the Duke was gone. till the Duke was gone out of the Realm, after which he should be confined on the North of the water of jern: and that four companies should be levied upon the public charges, two of horsemen, and as many foot to guard the King and Noblemen, who did attend him, till the present troubles were quieted. Then were some grievances proponed in name of the Church, but these laid by till another time, the Lords not willing to irritate the King for such matters having once secured themselves. The Duke to keep the word which the King had given for his departing took shipping in the West parts, The Duke falling sick at Seat taketh journey by land. about the midst of October, and being hindered by contrary winds fell sick at Sea. The King advertised of his ill disposition, advised him to travel through England in regard of the winter season, and to remain at Blackness till a safe conduct was procured from the Queen. He had not stayed many days there, when a rumour was raised, as was thought, by his enemies, that he was to be brought again to Court, and the Lords turned out, or used with more violence. This made a new stir, whereupon the Lord Hereis was sent to command him to begin his journey and to be in Berwick the 22. day of December, The Duke dering to see the King before he went away, is denied. he craved to see the King and be permitted only to salute him, but this being denied, he departed in great heaviness. In the beginning of january two Ambassadors arrived sent by the French King, the one named Monsieur la Motte, the other Monsieur Menevel: Lafoy Motte came by England (with whom came alongst, Two Ambassador from France, La Mott and Menevil. Mr. Davidson Ambassador from Queen Elizabeth) the other by Sea, both having the same instructions, which were to work the King's liberty in the best sort they could; to confirm his mind in the love he bore to the French, and to renew the purpose of Association. The purpose of association renewed. This last business was set on foot the year before, and almost concluded in this sort; That the Queen of Scots should communicate the Crown with her son, and both be joined in the administration of affairs; that so he might be acknowledged for a lawful King by all Christian Princes, and all domestic factions suppressed. But upon the Duke's sequestering from Court, it was left off, and not mentioned again till now. The Assembly of the Church in the last meeting, had made this one of their special grievances, and complained of it as a most wicked practise. And now the Ministers of Edinburgh, hearing that purpose to be moved of new by the French Ambassadors, The Ministers declared in their Sermons against the Ambassadors. declaimed bitterly against them in their Sermons; especially against La Motte, who being a Knight of the order of S. Esprit, did wear the badge of a white Cross upon his shoulder. This they called the badge of Antichrist, and him the Ambassador of the bloody murderer, meaning the Duke of Guise, who they said, procured him to be sent hither. It grieved the Ambassadors much to hear these out-cries, The Magistrates of Edinburgh desired to feast the Ambassadors. which daily were brought unto them, but perceiving the King's authority not able to restrain the liberty, which the Preachers had taken; they did not complain, but urged earnestly their dimission. The King desirous to entertain the ancient amity betwixt the two nations, and dimit them with some contentment, desired the Magistrates of Edinburgh to give them the Feast before their parting. To impede this Feast, the Ministers did on the Sunday preceding proclaim a Fast to be kept the same day, on which the Feast was appointed: The Ministers proclaim a fast, Febr. 16. and to detain the people at Church, the three ordinary Preachers did one after another make Sermon in S. Giles Church, without any intermission of time, thundering curses against the Magistrates, and other Noblemen that waited on the Ambassadors by the King's direction; nor stayed their folly here, but the Ambassadors being gone, they pursued the Magistrates with the censures of the Church, and were with difficulty enough stayed from proceeding with excommunication against them, for not observing the Fast they proclaimed. Of all this the King seemed to take no notice; The Duke of Lennox dieth at Paris. for he saw not a way to repress these disorders, and much perplexed he was with the reports of the Duke of Lennox his death, who partly of grief, partly through the long and troublesome journey he made in that cold and rainy season, contracted a fever at his coming to Paris, whereof after a few days he died. 26. May, 1583. Some hours before his expiring, there came to him a Priest or two, to do their accustomed service, whom he could not admit, professing to die in the faith of the Church of Scotland, and to keep the oath he had given to the King inviolate. This the King made to be proclaimed at Edinburgh, that the people might see what wrong the Duke had sustained during his abode in the Realm, by the uncharitable suspicions both of Ministers and others. But this belongs to the year following. Meanwhile, The King directe●h Ambassadors to England. the King ceascth not to think of his own liberty, using all means to put the Lords that attended him, out of an opinion that he had any meaning to free himself. And the Duke being gone whom they feared most, they esteemed the danger the less, for Arran was not well loved because of his violent courses; and Morton who had the greatest following, was put from his charge in the Borders, and the same given to the Laird of johnston; The King had likewise by their advice sent Colonel Stewart, and Mr. john Colvil in a joint Commission to the Queen of England, to move her for restoring the lands in that Kingdom, which appertained to his Grandfather the Earl of Lennox, and the Lady Margaret his Grandmother; together with the byrun profits intrometted by the Thesaurer, or Master of Wards; as likewise to communicate unto her the course he had taken for quieting the Realm, An. 1583. and to desire her aid and assistance therein. Some instructions besides were given them to propone, as touching the King's marriage, the matters of the Border, and the contracting of a defensive league; by all which they held themselves secured of his Majesty's favour. The negotiation took no effect. But for the negotiation it sorted to no effect, by the contrary courses the two Commissioners took, after their coming to the Court of England. The King foreseeing the same, when they were first employed, had moved Mr. David Lindesay Preacher at Leth, (a man wise and moderate) to accompany them, and pacify the contentions which possibly might arise amongst them; but their emulations were so great, as all he could do, scarce served to keep them from open discord. Before I enter upon the accidents of the next year, The life and death of Mr. George Buchannan. the death of Mr. George Buchannan, which happened in the end of September, must not be passed, a man so well deserving of his country, as none more; he was of an excellent wit, and learning incomparable, born nigh to the Highlands within the Parish of Killern, and of the house of Drunmakill; his Uncle by the mother called Herriot, took care to have him trained up in letters, perceiving his inclination to be set that way: wherein he profited so much, as he went beyond all his instructors; Nature, it seems, having form him thereunto. In the year 1539 being called in question by the Franciscan Friars upon the malice they bore him for some bitter verses written against them, and their profession, which he did to please King james the fifth, whom they had in some things offended, he was committed, as suspected of Lutheranism; but made an escape to France, where he lived a long time, and became acquainted with many learned men, with which that country did then abound. His paraphrase of the Psalms, a rare work, and other Poems, he wrote for most part, whilst he stayed abroad; and for his learning and quick ingeny was admired of all men. Returning into Scotland about the year 1560. after he had professed Philosophy some years in S. leonard's College within the University of S. Andrews, he was chosen to attend the King, and bring him up in letters. In his age he applied himself to write the Scottish History, which he penned with such judgement and eloquence, as no country can show a better. Only in this is he justly blamed, that with the factions of the time, and to justify the proceedings of the Noblemen against the Queen, he went too far in depressing the Royal authority of Princes, and allowing their controlment by subjects: his bitterness also in writing of the Queen, and troubles of the time, all wise men have disliked. But otherwise no man did merit better of his nation for learning, nor thereby did bring to it more glory. He died in a great age at Edinburgh, and was buried in the common place, though worthy to have been laid in marble, and have had some Statue erected for his memory. But such pompous monuments in his life he was wont to scorn and despise, esteeming it a greater credit, as it was said of the Roman Cato, to have it asked why he doth lack a Statue, then to have had one, though never so glorious, erected. The summer following the King found the occasion to free himself of his attenders. For being at Falkland, and pretending to visit his Uncle the Earl of March, The King freeth himself of his attenders januar. 28. who did then reside in the Abbey of S. Andrew's: after he had taken some little refreshment, he went to take a view of the Castle, accompanied with Colonel Stewart Captain of the Guard, to whom he had communicated his purpose, and having entered into the Castle, commanded the gates to be shut, and these that followed to be excluded. The Earls of Argile, Marshal, Montross, and Rothes, came thither the next morning, and were all welcomed by the King. Of the Noblemen that had waited on him since his restraint at Ruthven, only the Earl of Gowry was admitted into the Castle, by the Colonel's means; for he had sometimes followed him as a servant. The Earl of Gowry confesseth his fault, and is pardoned. The Earl how soon he came in presence fell on his knees, and craving pardon for the fact of Ruthven, did humbly submit himself to the King's mercy, who after he had checked him in some few, but grave speeches, for his ingratitude to the Duke of Lennox, accepted him in favour, upon condition of a more loyal behaviour in time coming. Some few days the King abode in the Castle, and in a Council keptthere the second of july, made choice of the Earls of March, Argile, Gowry, Marshal, Montrosse, and Rothes, to remain with him, as noblemans that he held of best judgement, most indifferent and freest of faction, the rest he commanded to retire to their houses, till he should take further order. An Act following the service of Colonel Stewart. In the same meeting was Colonel Stewarts service approved, and a Proclamation ordained to be made, charging all the subjects to contain themselves in quietness, and prohibiting any to come towards Court, accompanied with a greater number than was appointed; to wit, 15. with an Earl, as many with a Bishop, ten with a Lord, and as many with an Abbot or Prior, with a Baron six, and all these commanded to come in a peaceable manner, under great penalties. Then the King to show himself at liberty, The Earl of Arran called again to Court. went to Edinburgh, and from thence he went to Falkland, then to Perth, where he remained some weeks. Being there, the Earl of Arran by Gowries procurement was brought again to Court, after whose coming, a Declaration was published by the King to this effect. We with advice of the Lords of our Privy Council, His Majesty's Declaration touching the attempt of Ruthven. having thought expedient to notify unto the world, but especially to all our good and loyal subjects, our true mind touching the things that fell out in the year past, declare the same to be as followeth. That is, howsoever for preserving of public quietness, we did patiently endure the restraint of our person at Ruthven, with the secluding of our Counsellors from us, and all that ensued thereupon, yet did we take it deeply to heart, and did account no otherwise of it, than a fact most treasonable, attending till it should please God to restore us to our former estate and liberty: which having now by his goodness obtained, to make known our indifferent disposition towards all our good subjects, and that we do not seek the harm and ruin of any one whomsoever; we have resolved to forgive and forget all offences bygone, especially that which was committed in August last, and hath been since that time strongly maintained, providing the Actors and assisters do show themselves penitent for the same, ask pardon in due time, and do not provoke us by their unlawful actions hereafter, to remember that attempt. Willing all our subjects, by the example of this our clemency (whereof some already have made proof) to discharge all quarrels amongst themselves, and not to malice one another for whatsoever cause by gone, all which we will have buried in oblivion; and to this have ordained publication to be made hereof in all the principal burgh's, etc. The discontented Lords notwithstanding of this declaration, The discontented Lords confined. were still convening, and making the best provision they could for their own surety. For at arran's hand, who had now the disposing of all things, they expected no good. The King hereupon took purpose to confine some of the principals in several countries, and to commit others who were reckoned most turbulent. The Earl of Angus was confined beyond Spey, john Levingston of Dunypace, and Patrick Drummond of Carnock in the country of Galloway, Lochlevin and Buchan in Innerness, the Master of Glammis, Abbot of Dunfermlin, and Lord of Cleish, were charged to enter themselves in the Castle of Dumbritton, William Commendator of Paisley in Blackness, and Mr. john Colvil commanded to keep Ward in Edinburgh. All of them (Angus except) for their disobedience were denounced Rebels. The whole (Angus only excepted) disobeying the charge, were denounced rebels; and Proclamations made, commanding all the subjects to be in readiness for resisting the practices of seditious subjects. An oath also was taken of all the King's domestics, that they should not keep intelligence with any of the rebels or others known to be in his Majesty's malgrace; and at this time was Mr. john Metellan, who came afterwards to be Chancellor, admitted Counsellor of Estate. The Queen of England being advertised of this alteration in Court, Ambassage from England the beginning of September. sent Sir Francis Walsingham, her principal Secretary to the King, to challenge him for breach of promise in readmitting the Earl of Arran, and casting off the Noblemen who had maintained his authority, and hazarded their lives and estates in defence of his Crown. His Majesty's answer to the Ambassador. The King answered, that he was a free Prince, and in ruling his affairs, might follow the course which he thought to be most convenient; that the Queen would not take it well, if he or any other should direct her in matters that concerned her subjects; and for the promise alleged, he said, it was made in time of his restraint, to the performance whereof he was not tied. As to these subjects of whom the Queen seemed so careful, he said, that he had freely offered to pardon them, upon the acknowledgement of their offence, and promise of amendment; which he would faithfully observe, expecting of the Queen his sister, that neighbourhood which became Princes living in amity and friendship, and that she would not countenance his subjects in their rebellion. The Ambassador replying, The Ambassador complains of a Jesuits escape. Sir, the Queen my Mistress will never meddle with your affairs, but to work your good and quietness; Yet she taketh it unkindly, that the promises made unto her are so lightly regarded. One Holt an English Jesuit, who is thought to have an hand in Throgmortons' treason, that was of late detected, being in your prison, at the request of the French Ambassador was permitted to escape, whereas the Queen my Sovereign looked daily to have been delivered in England, His Majesty's answer. as was promised. Nay, said the King, it was not promised, that he should be delivered, but as the Queen answered my Ambassadors, when I desired, Mr. Archibald Douglas to be rendered, who is known to be guilty of my Father's murder; I said that the man was charged with certain suspicious practices in my Kingdom, which I believed first to try; and if the Queen had been pleased to have delivered my subject to me, whom I had more than reason to remand, I would have made no delay in the rendering of Holt. But for his dimission or my connivance at his escape, there is no such thing; and if you know, or can learn that any indirect means have been used for letting him go, the trial and punishment of the doers shall clear my part. This said, the Ambassador, (who was a most worthy and discreet Gentleman) declaring that he was satisfied, fell to speak of the preservation of peace betwixt the two Kingdoms, and of a new league to be made with the Queen; whereof the King did show a good liking, and in these terms they left for that time. In October next, An Assembly of the Church. the Church Assembly convened at Edinburgh, where great regrates were made, and presented in certain Articles to the King; First, they complained that the benefit of pacification was extended to Mr. David Chalmers a professed enemy to Religion, and suspected of the murder of his Majesty's Father. Next, Grievances presented to his Majesty by the Church. that Papists were grown too familiar in Court, and namely, the Laird of Fintry, who had made defection from the true Religion, in which he was educated. 3. That Holt a wicked Papist, sent to the country to traffic against Religion and the State, was suffered to escape, and no trial taken of the workers thereof. 4. That his Majesty seemed to favour too much the enemies of the truth, both in France and at home. 5. That he had received in his service men of dissolute life, and who had never given any testimony of their good meaning either to Religion or the state of the country, and put others from his service that were known to be zealous of God's cause, and faithful to his Majesty's self from his very tender age. 6. That since his acceptation of the government, the Church had received many fair promises without any performance, and that to the contrary the liberties and privileges thereof were daily infringed. 7. That the thirds were set in takes or leases in defraud of the Church. 8. That Abbacies were disponed against the Acts of Parliament, and no care taken for provision of the Ministers that served at the Churches annexed. 9 That spiritual livings were conferred to children, and erected in temporal Lordships. 10. That there were no punishment for incest, adultery, witchcraft, and the like abominations. 11. That there was an universal murmur, that no man could be assured of his lands and life, the laws of the country being wholly perverted. 12. That his Majesty did interpone his authority to stay the execution of the Church's Acts, in matters properly Ecclesiastical. Lastly, they regretted the division of the Nobility, one part seeking the ruin and overthrow of another: for which they did entreat his Majesty to call unto himself the most wise and indifferent amongst them, and by their advice to take some moderate course for uniting the hearts of all good subjects to the maintenance of God's truth, the preservation of his Highness' person and estate, and the comfort of all that were grieved at the present division. The King desiring to give the Church satisfaction, made answer the next day to all these particulars. And first, concerning Mr. David Chalmers, he said, that he was only forfeited for the common action for being at Landside field, The King his answer to the grievances. field, for which pardon had been given to many, so as it should not be thought strange to give him the like benefit, especially at their request, who had moved him therein, and that he no ways intended to grant oversight to him or any others that should be found culpable of his father's murder, or yet professed themselves adversaries to the Religion. Touching Fintry he said, that he had not impeded the proceedings of the Church against him or any other Popishly affected, nor had he been countenanced at Court, if the Minister of Edinburgh had not testified that he was willing to conform. That for Holts escape, he had satisfied the English Ambassador, and that it was no uncouth thing to see a prisoner deceive his keepers. Concerning the intelligence he kept with foreign Princes, for the entertaining of civil peace; that he did not think the Assembly would disallow it, seeing diversity of Religion made not leagues of friendship unlawful. And that they should meddle with the choice of his servants, he held it strange; This he hoped they would remit to himself, and not to be too curious in examining the occasions of their placing or displacing. And where they complained, that since his accepting of the government, the liberties of the Church had been refringed; he said, that since that time, more good and profitable laws had been made for the advancement of true Religion, than ever before; and if any thing lacked in the execution, the fault was not his. For that which concerned the Church rends, he answered, that those things must be helped in Parliament, and that he should assist the reformation thereof at his power. As for the punishment of the abominations mentioned, that the fault could not be imputed to him, sith he was willing to give Commission to such as the Ministers should judge most fit for the execution of laws. And for Ecclesiastical Acts which his authority was said to impede, he knew none of late, only he had stayed the remove of Mr. Alexander Arbuthnet from the College of Aberdene to be Minister of S. Andrews, which being rightly considered, would not be found prejudicial to the Church, nor impertinent for him to deal in. Lastly, for the murmur of people, perverting of laws and difference amongst the Nobility, his Majesty said, that he was ready to hearken to any good advice, for reformation of that which should be found amiss. The answers all most reasonable, The answer did not satisfy the Church. and proceeding from the King, aught to have been well taken, but the discontent they had received for the late change in Court, made every thing distasteful, and still the displeasure betwixt the King and Church did grow as we shall hear. In the beginning of November, Lodowick (eldest son to the late Duke of Lennox) arrived at Leth, Lodowick son and heir to the late deceased Duke of Lennox cometh into Scotland, Novemb. 13. and was conveyed by the Earls of Huntley, Crawford, and Montross to the King, who lay then at Kinneill. Soon after the advertisement of the Nobleman's death, the King had sent the Master of Grace into France, to bring home all his children: But Lodowick excepted (who then was 13. years of age) the rest were young, and not able to endure so long a journey. The King receiving him with great expressions of love, did presently invest him in his Father's lands and honours, committing the trust of his affairs to the Earl of Montrosse, till he should grow up to maturity; The King his kindness to the Duke his children. for his education in letters, Mr. Gilbert Moncreef, the King his principal Physician, was appointed to attend him, a man wise, and of good learning. Some years after two of his sisters were brought into the country; Henrietta the eldest was married to George Earl of Huntley, Mary the younger of the two to john Earl of Marre, to the third the King had provided an honourable match, but she having vowed herself to God, would not be won from the Cloister by any persuasion; a younger son came to the King, after he went into England, and was by him advanced to great honours. Thus the untimely loss of their Father, did turn to the children's benefit, by the constant and unmatchable kindness of a loving King. In the country matters grew daily more and more troubled. Those that disobeyed the charges given them for entering in Ward, pretended the time assigned for their entry, to have been so short, and the distance of the place so great, as there was no possibility in them to obey, yet under hand they were still seeking to strengthen themselves, and associate others to be of their faction. To take from them this pretext the first of December was allowed them for their entering in Ward, and so many as should find surety to obey, had favour promised them. The Laird of Braid, Colluthy, Mr. David Lindesay, and Mr. Andrew Hay, were licenced also to confer with them, and with all that had any part in the attempt of Ruthven, for informing them of his Majesty's gracious inclination towards all of that number, who should acknowledge their offence, and live obedient and peaceably from thenceforth. But little or nothing was wrought this way, A Convention of Estates. whereupon the King took purpose to convene the Estates this 17th of December, and having exponed his whole proceeding in that business, an Act was passed by an universal consent, of this tenor. Albeit the late surprise and restraint of our person perpetrated in August bygone a year, was a crime of laesae Majestatis, heinous in itself, of dangerous sequel, and most pernicious example; meriting the more severe punishment, because the committers thereof for the most part, besides the allegiance and common duty of subjects, Prorogation granted to those that were charged to enter in Ward. were specially bound to us by particular favours and benefits bestowed on them: yet out of our natural disposition to clemency, we resolved to reduce them by all gentle means to their duties; and not only forbore to use them with rigour, but made offer of pardon and mercy to such as would acknowledge their offence, and continue thereafter in a dutiful obedience; satisfying ourselves with that moderate declaration which tended not in any sort to their detriment, An offer of pardon to those who will acknowledge their offence at Ruthven. and prorogating days and months, to see what they could perform. Hereof we gave our promise to the Queen of England, which was certified to them by divers, and of late by certain Ministers and well disposed Gentlemen, whom we licenced to confer with them, for persuading them of our sincere meaning: behaving ourselves in all this, as a kind Father that seeketh to recover his children, and not as a Prince that respected his estate. But our lenity not having produced the effects which were wished, we took counsel to assemble our Estates, and make them witnesses of our clemency, whatsoever might happen to their persons hereafter: and now by their advice we have determined to prosecute with all rigour, such of that number as shall continue in their disobedience, and shall not embrace the offers of pardon made unto them. In the execution whereof, our Nobility and Estates convened, have solemnly promised their assistance, and for the greater authority both We and our said Estates have subscribed this Act with our hands. Further, by their advice We have ordained, and ordain the Act of Council passed in October 1582. touching the attempt at Ruthven, to be delete forth of the Books, inhibiting all and sundry of whatsoever estate, quality, and degree, to allow by word, writing, or otherwise, the foresaid fact, which We (being now at liberty) and our Estates, have so publicly condemned. This Act made, The Earl of Rothes his protestation. the Earl of Rothes protested, that his subscription to the Act in October, 1582. approving the attempt of Ruthven for good service, should not be laid to his charge, seeing he did the same unwillingly, and by his Majesty's special command and direction, like as soon after the committing of the fact, he had satisfied his dislike thereof. The King acknowledging the same to be of truth, made his protestation to be admitted. Then began all the faction to fall asunder, every man suing his pardon; which was granted upon condition, they should depart forth of the Realm, and not return without his Majesty's licence. The Earl of Marre, the Master of Glammis, with the Abbots of Driburgh, and Cambuskenneth, went into Ireland; the Lord Boid, Lochlevin, and Easter Weymis unto France; others of the meaner sort were confined within certain bounds. The Earl of Gowry notwithstanding he was reconciled to Arran, fearing to be troubled, obtained licence to go into France; but whilst he delays to go, and putteth off his journey from day to day, he falleth into new practices, which brought him unto his end. The rest of the winter was quiet, john Dury questioned for allowing the attempt of Ruthven. but now and then the Court was kept in exercises by the Sermons of some Preachers, who were therefore called in question: john Dury Minister at Edinburgh, had in one of his Sermons justified publicly the fact of Ruthven: for which being cited before the Council, he stood to the defence of that he had spoken; yet after advice taken with Mr. james Lawson his Colleague, he was moved to submit himself to the King, who continued the declaration of his pleasure, An. 1584. till he had proof of his better behaviour. The business with Mr. Andrew Melvil was greater, for he being cited to answer for certain speeches uttered by him in a Sermon preached at S. Andrew's, declined the judgement of the King and Council, affirming, That what was spoken in Pulpit, ought first to be tried and judged by the Presbytery, and that neither the King nor Council might, in primâ instantiâ, meddle therewith, though the speeches were treasonable. When by no persuasion he could be induced to submit himself; and that the King and Council finding themselves Judges, did proceed to examine the witnesses; he burst forth in undutiful speeches against the King, Mr. Andrew Melvil fleeth into England. saying, he perverted the laws both of God and man; which unreverent words proceeding from a Divine, in whom moderation and humility should chiefly have appeared, did greatly offend the Council. Thereupon was he charged to enter his person in Blackness, within the space of ten hours; but in stead of obeying, he turned his back, and fled that night to Berwick. Then did all the Pulpits sound, and every day were the Ministers exclaiming, that the light of the country for learning, and he that was only most fit to resist the adversaries of religion was exiled, and compelled for safety of his life to quit the Kingdom. Pity it is to think how the King was then used, The King his Proclamations misregarded. for though he cleared himself by Proclamations, showing that the man's flight was voluntary, and that he meant not to have used him with any rigour, yet nothing was believed, and every where people began to stir. Hereupon charges were directed, commanding those who had obtained leave to depart out of the Realm, to use the benefit of their licences, and inhibiting all intelligence by letters, or otherwise, with those that are already gone. This wrought not much, only made those that traveled to and fro with advertisements, the more wary and circumspect. The Earl of 〈…〉 The Earl of Gowry, to liberate himself of suspicion, came to Dundy, and conducing a ship, gave out that he would forthwith depart, yet still he lingered, attending the return of the Earl of Marre, and the Master of Glammis from Ireland, at which time he and others of that faction were to join and take Arms for reformation of abuses, the securing of Religion, and preservation of the King his person and estate; for that was made the pretext. The King having notice given him of these practices, sent Colonel Stewart Captain of the guard, Being at Dundy, he is apprehended by Colonel Stewart, April 16. to apprehend the Earl of Gowry, who was suspected because of his lingering. The Colonel coming upon him unexpected as he lay in the house of William Drummond, Burgess of Dundy, he made to defend the lodging, and stood to it some space; but the Town concurring with the Captain, he was forced to yield, and the next day conveyed to Edinburgh, and committed to the custody of Arran. A night or two after, the Earls of Angus and Marre, with some of their friends and followers, surprised the Town and Castle of Striveling, intending there to fortify themselves. The Castle of Striveling sur●●●ed April 18. But the sudden expedition which the King made, compelled them to fly into England, and leave the Castle victualled for some days, and in it a few Gentlemen, whom they promised to relieve. Such a readiness the King found in his subjects at this time, as upon a short warning a greater Army and better appointed was in no man's memory known to have been assembled. The Town of Edinburgh showed a great forwardness; for both they advanced moneys to levy soldiers, and put divers of their own inhabitants in Arms to attend the King. The King 〈◊〉 to go towards Striveling. It was the 19th of April, when knowledge was given first of the taking of Striveling, and before 24. all the Army was in readiness to march. The same day advertisement came of the Rebel's flight; whereupon the Wardens and Keepers of the Marches were directed to pursue them. The Rebels flee into England. The King himself with the Army marching towards Striveling, Alexander Master of Levingston was sent to enclose the Castle, The Castle rendered April 27. which yielded upon the hearing of his Majesty's approach, and was delivered in keeping to the Earl of Arran. The Earl of Gowry after he had been kept some days in Kinneil, Gowry examined touching the conspiracy. was brought to Striveling. Before his transporting from Edinburgh, the Earl of Montrosse, the Lord Down, and Mr. Robert Melvil, were directed to examine him, and hopes given that he should find favour if he would discover the conspiracy, and what the Rebels had intended to do: he upon promise that what he declared should not be made an endictment against himself, disclosed all the plot, setting down the same with his own hand, as followeth. Perceiving his Majesty's favour altered towards me, His confession set down by himself in writing. by misreport of my unfriends, and my life and my living aimed at, I was of necessity forced to seek my relief by concurring with others of the Nobility, who laboured to secure themselves and their estates. And hearing that there was some trafficking betwixt the Noblemen in Ireland and others at home, I used all means, though I was suspected by them, to know what their courses and hopes were; after some diligence I made that way, I met with Mr. james Areskin, who traveled to and fro betwixt them. And he at first obscured himself from me, and would not be plain, till I promised my assistance: Then he showed me, that he had been with the Earl of Angus, whom he found cold, and in some hope to make address for himself, and so less careful of their relief, who were absent. Yet he believed, if the Nobleman saw any good concurrence of others, he would give his assistance: but refused to deal in these matters, till they should return, and things be determined with a common consent. This I thought likewise fittest, but in the mean time I prepared to depart, and would have been gone, if contrary winds had not stayed me. The same Gentleman came afterwards unto me, and showed that they were returned, and would shortly be seen at Striveling. This moved me to remain, albeit doubting of a sufficient concurrence of Noblemen, I was not resolved what course to take, and lay in a careless security at Dundy, more inclined to go then to stay. I protest always before God, that I never heard, nor was in counsel of any plot against his Majesty's Person, Crown, or Estate, but only studied to keep myself from ruin by the assistance of others. At our meeting together, unto which time all was deferred, it was thought that a course should be taken by common advice, for securing ourselves in his Majesty's favour. And whereas I am asked what Noblemen were privy to the enterprise, and what was looked for from England, I will truly declare all, upon the firm assurance of his Majesty's clemency. At home it was expected, that all those who subscribed the bond in that first alteration, would join themselves with us, and besides those divers others: namely, the Earl of Marshal and Bothwel, with the Lord Lindesay, and some of the West parts. So it was affirmed to me, but how truly I cannot say. From England we expected a supply, but no certain time was appointed, and it was said, that the Queen minded to intercede for restitution of the hamilton's, if she found the King tractable. This is all I know, and if there by any other particular tending to his Majesties well or hurt, which I do not at the present remember, I shall plainly reveal the same, whosoever be offended therewith. At his coming to Striveling, A letter from Gowry to his Majesty. he sent to the King a letter penned in this form, Please your Majesty, it is neither diffidence nor despair in your Highness' favour and clemency towards me, nor any desire I have to live in this world, that moves me to require some short audience of your Majesty. But there is a purpose of so weighty importance, which I desire to impart unto your Highness, which might have endangered the life and estate of your mother and yourself, if I had not stayed and impeded the same, the revealing whereof may avail your Majesty more, than the lives and livings of 500 such as myself; most humbly therefore I beseech your Highness that my Petition may be granted. I assure myself of your Majesty's gracious answer. Striveling the last of April 1584. In a Postscript this was added. The matter I have to speak, is not the concealing of treason, but the revealing of a benefit. This Petition was denied, He is denied audience and put to the trial of a Jury. and the same made a part of his indictment, for being brought to his trial the fourth of May, Mr. john Grahame sitting as Justice, and assisted by Sir john Gordon of Lochinvar, Alexander Master of Levingston, Alexander Bruce of Airth, and james Edminston of Duntraith, he was indicted of four points. First, that in the beginning of February Mr. David Home, The points of his endictment. servant to the Earl of Marre, came to him privately in the town of Perth, under silence of night, and communicated to him the treasonable device of surprising the burgh's of Perth and Striveling, at least of one or other of them; and that he agreed to the taking and fortifying of the said towns, whereby he had incurred the crime of Treason, as well in concealing, as consenting to that wicked purpose. 2. That understanding Mr. james Areskin to be a trafficker betwixt Marre, Angus, and others, he did belay the ways, to the end he might speak with him, and after meeting kept conference with him, touching the surprise of the Castle of Striveling, and the furnishing thereof with men and ammunition. 3. That being charged in Dundy by his Majesty's letters to render himself to the Lord Petten Weyme his Majesty's Chancellor, and Captain of his Highness' guard, he did enter into the house of William Drummond Burgess of Dundy, and with his Complices defended the same by the space of 6. hours, making exclamations to the people, that he was pursued for Religion, and desiring them to aid and assist him. 4. That he being obliged to maintain his Majesty's person, life, honour, and Crown, and having intelligence of a most weighty purpose, that concerned the life and estate of the King and the Queen his mother, he had treasonably concealed the same, and did as yet keep up the specialties thereof; albeit he professed, he knew it so perfectly, that in his letter written to the King, he saith, that it had not failed to have taken effect, if he had not stayed and impeded the same. The indictment read, His exceptions repelled. he first excepted against Lochinvar, that he could not be assessor to the Justice in his trial in regard of the deadly enmity betwixt Gartland (who had married his Lady's sister) and him. This exception was repelled, because the propinquity alleged, was only affinitas affinitatis. Then he complained that the Noblemen who were sent to examine him, had not kept their word; having promised, that whatsoever he had confessed, should not be laid to his charge. It was answered, that the Nobleman's word could not warrant him. Thirdly, he said, that being indicted for treason, he ought to have been cited upon 40. days, and a delation made by some accuser, which was not observed. The Advocate replied, that in matters of Treason the King might arrest any person upon the space it pleased him. Fourthly, he alleged the licence granted him to depart the country. This was found nought, except he did therewith produce a respite or permission. To the last point of the indictment, he said, that what he offered to reveal, tended to his benefit if he had vouchsafed him hearing, and was no matter of treason. It was answered, that the concealing of that might tend to the hurt of the King's life, and mothers, was treason. So the indictment was found relevant, The names of the Assisers. and the persons of the Jury called. These were, Colin Earl of Argile, David Earl of Crawford, john Earl of Montrosse, james Earl of Glencarne, Hugh Earl of Eglinton, james Earl of Arran, George Earl of Marshal, Alexander Lord Seaton, Hugh Lord Sommervil, james Lord Down, William Lord Levingston, Patrick Lord Drummond, james Lord Ogilvy, Alexander Master of Oliphant, and john Murray of Tillibardin. They retiring themselves, Gowry found guilty, and sentence pronounced. as the custom is, and returning within a short space, pronounced him guilty: whereupon sentence was given, that he should be taken to the Market Cross, have his head cut off, and be dismembered as a traitor. The last part thereof was dispensed, and he in the evening beheaded. His servants were permitted to take the head with the body, and bury it. This was the end of that Nobleman, who in his life was much honoured, and employed in the chief offices of Court; a man wise, but said to have been too curious, and to have consulted with Wizards, touching the state of things in future times; yet was he not charged with this, nor seemed he to be touched therewith in his death, which to the judgement of the beholders was very peaceable and quiet. He was heard to make that common regret, which many great men have done in such misfortunes; His execution and manner of death. That if he had served God as faithfully as he had done the King, he had not come to that end: but otherwise died patiently, with a contempt of the world, and assurance of mercy at the hands of God. The same day Archibald Douglas (called the Constable) and Mr. john Forbes, Archibald Douglas and another executed. servant to the Earl of Marre, were executed; the rest who were taken in the Castle, had their lives spared, and were banished the country, and David Home of Argaty, and one john Shaw, were pardoned. The King after this returned to Edinburgh, The houses of the Rebels charged. where he gave order for charging the houses of the fugitive Lords, and their friends; and upon information made, that certain of the Ministry had dealing with the Rebels; summons were directed to charge Mr. Andrew Hay Parson of Ranfrew, Mr. Andrew Polwart Subdean of Glasgow, Mr. Patrick Galloway, and Mr. james Carmichael Ministers, to compeir before the Council. Ministers called in question for the conspiracy. Mr. Andrew Hay compeired, and nothing being qualified against him, was upon suspicion confined in the North. The other three not compeiring were denounced Rebels, and fled into England. The Parliament declared current at the time, for the more speedy dispatch of business, convened the 22. of May: In it his Majesty's declaration concerning the attempt of Ruthven was ratified; The King his authority over all persons, in all causes confirmed; The declining of his Majesty's judgement, and the Counsels, in whatsoever matter, declared to be Treason; The impugning of the authority of the three Estates, or procuring the innovation or diminution of the power of any of them, inhibited under the same pain. All jurisdictions and judicatures, spiritual, or temporal, not approved of by his Highness, and the three Estates discharged, and an Ordinance made. That none, of whatsoever function, quality, or degree, should presume privately or publicly, in Sermons, Declamations, or familiar conferences, to utter any false, untrue, or slanderous speeches, to the reproach of his Majesty, his Council, and proceedings, or to the dishonour, hurt, or prejudice of his Highness, his parents, and progenitors, or to meddle with the affairs of his Highness and Estate, under the pains contained in the Acts of Parliaments made against the makers and reporters of lies. Whilst these statutes were in framing, Mr. David Lindesay Minister at Leth committed. the Ministers who were informed thereof, to work at least a delay, sent Mr. David Lindesay to entreat the King that nothing should pass in Act concerning the Church, till they were first heard. Arran getting intelligence of this, caused arrest him, as one that kept intelligence with England; so as he was not permitted to come towards the King. The first night he was kept in Halirudhouse, and the next morning sent prisoner to Blackness, where he was detained 47. weeks. Mr. james Lawson, The Ministers at Edinburgh flee to England. and Mr. Walter Balcanquell Ministers of Edinburgh, hearing that he was committed, forsook their charge, and fled into England, leaving a short writing behind them, to show the reasons of their departing. john Dury some weeks before was removed and confined in the Town of Montrosse, so as Edinburgh was left without any Preacher. Mr. Robert Pont Minister of S. Cutberts, Mr. Robert Pont protesseth against the Acts. and one of the Senators of the College of Justice, because of the misregard of the Church, as he pretended, in concluding these Acts (as the Heralds were proclaiming them according to the Custom) took instruments in the hands of a Notary of the Churches disassenting, and that they were not obliged to give their obedience thereto; which done, he likewise fleeing, was denounced Rebel, and put from the place in Session. Rumours hereupon being dispersed, that the King was declined to Popery, had made divers Acts to hinder the free passage of the Gospel, and abolish all order and policy in the Church; Command was given to form a brief declaration of his Majesty's intention in those Acts that concerned the Church, and to publish the same for detecting the falsehood of those rumours. In this declaration the occasions that enforced the King to the making of these statutes, were particularly set down, and the equity thereof maintained by divers reasons. Amongst the occasions were reckoned the allowance of the fact of Ruthven, by the assembly of the Church; Mr. Andrew Melvil his declining of the King and Council; the fast kept at the feasting of the French Ambassadors; general fasts indicted through the Realm, without the King his knowledge; the usurping of the Ecclesiastical jurisdiction, by a number of Ministers and Gentlemen; the alteration of the laws at their pleasure, and a number of like abuses. And for satisfying good people, strangers as well as subjects, touching his Majesty's good affection towards the maintenance of Religion; certain Articles were drawn up and subjoined to the said Declaration, Libels and pamphlets against the Rulers of the Court. to make it appear that his Majesty had intended nothing but to have a settled form of policy established in the Church. But these things gave not much satisfaction (so great was the discontent) and were replied unto in Pamphlets, defamatory libels, and scurril poems, which daily came forth against the Court, and the rulers of it. To furnish the vacant places of Edinburgh, till some were moved to undertake the charge, the King did appoint his own Ministers, Mr. john Craig, and Mr. john Duncanson, the Archbishop of Saint Andrews supplying the ordinary preaching at Court. Soon after, there came a letter from the Ministers directed to the Session of the Church at Edinburgh, and to the Council of the town, of this tenor. That seeing they were assured many calumnies would be forged against them for absenting themselves from their flock; A letter from the Ministers of Edinburgh to the Session of the Church and Council of the Town. they had good to write unto them the true causes thereof; which were as they said. The great indignation conceived against them by the rulers of the Court, for resisting the dangerous courses then in hand; the Acts made in the late Parliament repugnant to the word of God and doctrine oftentimes by them preached; the iniquity committed in the passing the said Acts, and violence, wherein they were defended; the Articles penned and presented to some Ministers for submitting themselves to the tyrannical Regiment of Bishops, whom they called gross libertines, belly-gods, and infamous; the charge given to the Provost and Bailiffs of Edinburgh, to take and apprehend all Ministers that should convene to the Eldership, and those that in Sermon should utter any thing against the Acts, and present unhappy course; with the insolent words cast forth against them, That if they followed the same course they were in, though their heads were as haystacks, they should be laid at their heels. These things they said did cast them in a grievous temptation; for to go from their good course they could not, unless they should be traitors to God; to continue in it and stay, would be counted treason against the King, and be hazardous of their flock that was charged to apprehend them, in case of condemning these Acts which, they could not do, and that after a long wrestling, they had resolved to depart and reserve themselves to better times, which they were assured was the pleasure of God, and that he would make the world understand that he had his own work in it. In end beseeching them to stand to these things which they had heard from them, and embraced as the truth of God, they forewarned them of wolves that should intrude themselves, teachers that sought themselves and not Christ jesus; which often they had foretold the contempt of the truth would work: And concluded with an hope that they should sustain the present Cross patiently, and be united to them again in God his good time. The King hearing of this letter sent for the same, By the King's direction an answer is returned in this form. and offending greatly thereat, would have the Session and Council to answer them in this form. We have received and read your letter, for the which offence we have humbly craved his Majesty's pardon, and not only obtained the same, but have likewise purchased liberty to write unto you this present, wherein we use you more charitably than ye have used us, remitting to learned men and your own consciences to show you, seeing you are not blinded with ignorance, nor lack learning (at the least some of you) how far ye have strayed from the right way in your letter lately sent to us; unreverently affirming his Highness' Acts of Parliament to be repugnant to the word of God: we tell you that the same do fully content and satisfy us, seeing we can find no part of Scripture that is contrary thereto. And sith we see by the first Act, the liberty of preaching the Word, as the same is presently professed, and ministration of the Sacraments ratified and allowed, and that we know there are wise men, and fearing God amongst the Estates who concluded these Acts; we are resolved to follow the Apostles counsel in Rom. 13. whereunto you did seldom exhort us. And now in respect you have so contemptuously slandered these good and necessary laws established by his Majesty and the Estates, and laboured so far as you can to draw men unto dislike thereof, fled out of the Realm unchallenged, and unpursued, and thereby have not only declared yourselves guilty, but also misbehaved yourselves to us your late flock; first, in leaving us without our knowledge, against your duty, and the conditions made unto us; next in drawing upon us his Majesty's suspicion, that we foreknew your departure, which of new ye have confirmed by sending a letter to us, you being his Majesty's Rebels and fugitives; In respect we say, of all the foresaid causes, we by these presents discharge ourselves unto you, esteeming ourselves no longer your flock, nor you any more our Pastors; and thanking God the revealer of secrets, that he hath made you manifest to your shame, and relieved us of wolves instead of Pastors; Thus hoping his Majesty will provide us of good and quieter spirited Ministers, we commit you to God's mercy, who may give you to repent of your foresaid offences. This letter sent to the Council and Session of the Church to be subscribed made a great business, The letter grieveth the Ministers exceedingly. the Town fearing to displease the King, and to discharge with their Ministers in such a form, laying upon them the reproaches of Fugitives, Rebels, Wolves, and the rest, they thought would be ill taken of all good men, yet after much ado, sixteen of the principals put their hands unto it, and so was it dispatched. The Ministers having received and read the letter were mightily grieved, especially Mr. james Lawson, who had taken greatly to heart the troubles of the Church, and the advertisements which were given him of the success of matters at home; and now perceiving by this letter, that some who professed themselves very forward in the cause, had turned their backs upon it, he fell in a great sorrow, and thereby contracted a sickness, Mr. james Lawson died at London. whereof he died at London in October following. A man he was of good learning and judgement, of a pious and peaceable disposition, but carried too much with the idle rumours of the people. After his course of studies passed in the University of S. Andrews, he was employed by the Countess of Crawford a Noble Lady, to attend her three sons, whom she sent to France, and upon their return to show his gratitude unto the School wherein he was educated, gave himself to read the Hebrew tongue to some youths in the same University; from thence he was called to be Principal in the old College of Aberdene, and after three years profitably spent in that place, was brought, as we showed before, to Edinburgh, where he continued Preacher the space of 12. years, in great esteem and reputation, until these unhappy times, which bereft his Church and country of him and his labours. He died in the 46. year of his age, and was buried in the new Church yard of London, at the side of Mr. Dearing, a famous Preacher in that Church. His death bringeth to mind other two learned men in this Church, Mr. Alexander Arbuthnet, and Mr. Thomas Smeton, the one Principal of Aberdene, and the other of Glasgow College, who in the end of the last year nigh about the same time departed this life, Mr. Alexander Arbuthnet his death. to the great loss both of the country and Church; The first a Gentleman born of the house of Arbuthnet in Mernis, being trained up in the study of letters, and having the course of Philosophy in the same College with Mr. Lawson, went to France at the age of twenty three years; there applying himself to the laws, he lived five years an Auditor of that great Doctor Cuiacius, and being made licenciate, returned to Scotland in the year one thousand five hundred three score and six, of purpose to follow that calling, but God otherwise disposing, in the year 1569. he was made Principal of the College of Aberdene, where by his diligent teaching & dexterous government, he not only revived the study of good letters, but gained many from the superstitions, whereunto they were given. He was greatly loved of all men, hated of none, and in such account for his moderation with the chief men of these parts, that without his advice they could almost do nothing: which put him in a great fasherce, whereof he did often complain. Pleasant and jocund in conversation, and in all sciences expert; a good Poet, Mathematician, Philosopher, Theologue, Lawyer, and in medicine skilful, so as in every subject he could promptly discourse, and to good purpose; he died in the 45. year of his age much lamented, and was buried in the College Church at Aberdene the 20. of October 1583. Within some few days he was followed by Mr. Thomas Smeton; Mr. Thomas Smeton his death. this man born in Gaske, a little Village not far from Perth, studied Philosophy in S. Salvators College at S. Andrew's, under Mr. William Cranston at that time Provost of the House, by whose persuasion he went beyond Sea, and after he had remained a while at Paris, took journey to Rome, where entering the society of the jesuits, he abode three years. Thereafter coming home for some private business, when he had settled the same, he returned to Paris, and kept still in that Society: in the year 1571. Thomas Metellan travelling through France into Italy, did request his company in that journey, whereunto he yielded, and went with him to Italy; but the Gentleman contracting sickness by the way, and dying, he returned by Geneva, and was there confirmed in the Religion to which a little before he was inclining when he went to Paris; after he had revealed himself to some Principals of the Society, he forsook their profession, and was in danger to have been killed at the Massacre, which fell out at the same time, but by the favour of Sir Thomas Walsingham the English Ambassador, he was saved, and came in his company to England. Five years he remained at Colchester in Essex, teaching some youths of the country, and in the year 1578. returned into Stotland. In the year 1580. upon the remove of Mr. Andrew Melvil to the new College of S. Andrew's, he was chosen Principal of the College of Glasgow, and taught the controversies there some three years, with great profit; he was a man learned in the languages, and well seen in ancient Fathers, the reading of whose works he did ever seriously recommend to the youth. The answer he penned in defence of this Church against Mr. Archibald Hamilton and other dictates, which are yet in the hands of his disciples, do show his worth, and the loss this Church received by his death, he deceased at Glasgow the 6. of December, 1583. in the 47. year of his age, and was buried in the Cathedral Church. These deaths falling so quick one after another, The Ministers charged with the subscription of certain Articles. were taken to be a presage of great troubles in the Church, nor was it long before these stirs happened, of which we have spoken. All this Summer the same continued, the Ministers being daily called before the Council, and a great business made of their subscription to certain Articles which concerned their obedience to the Bishops; they who refused, had their stipends sequestrated, which caused a great outcrying amongst the people, and made the Rebels to be more favoured. The King to rid himself of these vexations, did call the principal Ministers, and having showed that all his desire was to have the Church peaceably governed, and a decent policy established, he willed them to set down in writing the Reasons which moved them to refuse subscription, that he might consider the same, and satisfy their doubts. They choosing rather to propound the same by word of mouth, were after some conference induced to set their hands to the Articles; this clause being added [agreeing with the word of God.] Yet new occasions of trouble were still breaking forth, Mr. Nicol Dalgleish condemned. upon information that Mr. nicol Dalgleish Minister at S. cuthbert's, did in his public prayers remember the exiled brethren; he was called before the Council, and accused for praying for the King's Rebels, as also for keeping intelligence with them by letters. The Minister confessed his praying for the brethren, maintaining the same to be lawful, but the intelligence he denied; only granted that he had seen a letter written by Mr. Walter Balcanquel to his wife, wherein he was kindly remembered. The King offended with his answers, commanded the Advocate to pursue him criminally, which was done the next day. At his appearing before the Justice, when he heard the indictment, he said, That he ought not to be questioned for one and the same fact before two judicatories, and that having answered these points before the Council, he should not be put again to it. The Advocate replying that the Counsels proceeding could not stay the criminal Judge, he was commanded to answer, and to do it advisedly, seeing it concerned his life. If I must answer, said he, I do not think that I have offended in praying for my brethren, who are in trouble; and for the letter I saw, if the concealing thereof be a fault, I submit myself to his Majesties will. The Jury proceeding, declared him guilty of treason, yet the sentence was continued, and he sent to the Tolbuiths, where he remained some months, and in end upon his supplication was pardoned, and put to liberty. In the same Court David Home of Argathy, David Home and his brother executed. with Patrick Home his brother, were condemned to die for keeping intelligence with the Commendatory of Driburgh, and in the afternoon executed: Yet was it no matter of State; but some private accounts, that rested undischarged at his parting forth of the Country, wherein they had interchanged one or two letters. This severity was universally disliked, but that which shortly after ensued; was much more hateful. To breed a terror in people, and cause them abstain from communicating in any sort with the exiled Lords, Robert Hamilton of Eglismachan delateth the Lairds of D●uwwhasil and Mains. a Proclamation was made, That whosoever should discover any person offending in that kind, should besides his own pardon, receive a special reward. Hereupon did one Robert Hamilton of Eglismachan, delate Malcolm Douglas of Mains, and john Cunningham of Drumwhasill for having conspired to intercept the King at hunting, and detain him in some strong hold, till the Lords might come and receive him. A mere forgery, yet gladly harkened unto by those that desired to be rid of them; for they were both Gentlemen of good respect, and mistrusted of the Court, Mains especially because of his valour and manhood. To make out the accusation, it was devised, that Sir james Edmonston of Duntraith, who had lived in great familiarity with them, should be charged with the said crime, and upon his confession to be pardoned; which by the policy of the accuser, to his own perpetual discredit, he was menaced to yield unto. Matters thus dressed, Drumwhasil and Mains put to a trial. Colonel William Stewart was sent to apprehend them, who finding them in their own houses, did without any resistance bring them prisoners to Edinburgh. The ninth of February they were presented before the Justice, Mr. john Ghrame sitting as Deputy, and Mr. Edward Bicace as Assessor, beginning made with Duntraith, he was indicted for conspiring with Mains and Drumwhasill, (the accuser Hamilton) and others for taking and detaining the King, in the manner aforesaid, which was said to be plotted by the Earl of Angus, and imparted to him and the rest on panel, by john Home commonly called black john: he without making any defence, confessed all betaking him to the King's mercy. Drumwhasill accused of the same conspiracy, and of consulting with Duntraith thereupon, at the Churches of Strablen and Killern, was further charged with the treasonable attempt of Ru●hven, whereof he had been partaker. What he answered, I find not in the process, but when Mains his indictment was read, he denied all, and so cleared himself by the unlikelyhood, and their impossibility to compass a business of that importance, to all that were present, as in their hearts they did pronounce him innocent. Notwithstanding they all three were convicted and declared guilty of treason; They are found guilty and executed. doom was only pronounced against Drumwhasill and Mains, and they the same day hanged in the public street of Edinburgh. The gentlemen's case was much pitied, Mains his case especially; Hamilton who made the delation, lived after this in a continual fear, and abhorred of all men, he kept still in the company of Arran unto the alteration of Court at Striveling, The unhappy end of Hamilton the delator. at which time james johnston of Westraw, pretending a vow that he had made to revenge Mains his death, did kill him as he was flying through the Park, on the South side of the Town. These cruel and rigorous proceedings caused such a general fear, Arran his power and credit at Court. as all familiar society and intercourse of humanity was in a manner left, no man knowing to whom he might safely speak, or open his mind. Arran in the mean time went on, drawing into his own hands the whole managing of affairs, for he would be sole and supreme over all. The Earl of Argile having departed this life the year preceding, he was created Chancellor. The office of Secretary he gave to Mr. john Metellan, Lethingtons' son, having banished the Abbot of Dunfermlin, who formerly possessed the same. The Castles of Edinburgh and Striveling he had himself in custody, then made himself be chosen Provost of the Town; and as if all this had not been enough, he was declared General Lieutenant over the whole Kingdom. In a word, whatsoever he was pleased was done, and without him nothing could be done. This stirred up great emulation against him in Court. The Master of Grace, a great favourite at that time, did take it disdainfully, that every thing should be governed by him; Sir Lewis Ballenden Justice Clerk, a man of brave spirit, did also hardly endure it; and Mr. john Metellan, though he had followed still from Mortons' execution to that time, began to fall away and work his own credit: those things were cunningly dissembled as among Courtiers, and all outward respect given him by those that were plotting his ruin. To his felicity nothing as he thought was wanting but the friendship of England; Arran laboureth to gain the Queen of England. this he was advised by the Master of Grey to seek by the Lord Hunsdons' means, who lay then Governor of Berwick: a meeting whereupon wrought betwixt them, and at Foulden some three miles from Berwick (whither Arran went) matters so dressed, 12. Augusti▪ as upon the assurance of his service to the Queen of England, it was promised that the exiled Lords who lay near the borders, waiting to raise some stirs, should be called to London, and upon verification of the conspiracy wherewith Mains and the rest were charged, put forth of England, In this hope the Master of Grace is sent into England, An. 1585. and Commission given him for remanding the fugitive Rebels; or if that could not be obtained, for removing them further off from the Borders of Scotland: The Master of Grace sent into England the beginning of October. more privately he was desired to use all means for winning the Queen's favour to the Earl of Arran, And for preparing the way to his Legation, the Archbishop of S. Andrews was sent some weeks before to inform the Queen of the King his sinccerity in Religion, because of the rumour which the Ministers who fled thither, The Archbishop of S. Andrews sent into England. had dispersed to the contrary. The Queen professing to have received great content by his information, recommended to the King above all things, constancy in his profession, assuring him in that case of her unchangeable friendship. The Master of Grace as his coming had favourable acceptance, The Queen's answer to the Master of Grace. though he was known to be a Catholic Roman; and for the point of remanding was answered, that she did not think those Gentlemen whom the King called Rebels, intended any harm to his person, but if the contrary was made to appear, they should be suffered to remain in her Kingdoms: And for that the King required touching their further remove from the Borders, the same was promised, and the Lords accordingly called from thence, and commanded to stay at Norwich. This answer reported to the King by the Master of Grace at his return, The Justice Clerk directed into England, April 1585. drew another Legation, wherein Sir Lewis Ballenden Justice Clerk was employed, the thing committed to him was the accusation of the banished Lords, and verifying against them the conspiracy for which Mains and Drumwhasill had suffered. The Lords upon this were brought from Norwich to London, and there challenged by the Ambassador, who as appeared, The banished Lords challenged by the Justice Clerk. insisted with great fervour against them; But the Master of Glammis answering for the rest, made their innocency in that particular to be clearly seen, which was heard no less willingly by the Judges, then delivered by the Speaker, Neither was the accuser any worse minded towards them, for all the show he made; and at the same time were grounds laid, both for their restitution, and Arran his subversion; the Queen and Council of England being privy to all, and secretly advancing their enterprise, Arran in the mean time had assurance given him of the Queen's friendship, and supposing all things to be right, went on in his accustomed manner, not caring what enmity he drew upon himself. Arran draweth much envy upon himself. The Earl of Athol, the Lord Home, and Master of Cassils', were committed to prison. The first because he refused to divorce from his wife (a daughter of the Earl of Gowry) and entail his lands to him; the next for that he denied him his part of the lands of Dirleton; and the third for denying him a loan of some moneys, which it was thought he might spare. His last falling out in that kind, His falling out with the Lord Maxwel. was with the Lord Maxwel for an excambion of the Barony of Mernis, and the lands of Maxwel heath, with the Barony of Kinnel, which he possessed by the forfeiture of the hamilton's. Maxwel not liking to change his old inheritance, with such a new and uncertain purchase, excused himself, and would not hearken to the change, but he thinking to force him thereto by some indirect means, traveleth with the Lady johnston, who gave attendance at Court, to cause her husband to accept of the Provostry of Dumfreis, and moveth the King to write unto the Town, to elect johnston their Provost; for that he being Warden of the West marches, would thereby be made more able to keep good order in these parts. Maxwel interpreting this to be done, as it was, to his disgrace; at the time of Election convocated his friends, and debarring johnston from entering the Town, procured himself to be continued in the office. Hereupon informations were made to the King, that there could no quietness be expected in these parts, unless Maxwel his power was kerbed. Charges were also directed to cause him present certain of the name of Armstrong, for whom he was obliged; which he not performing, was denounced Rebel, and Commission given to the Laird johnston to pursue him; for whose better enabling he had two companies of hired soldiers allowed him, under the charge of two Captains, Lamby and Cranston, Maxwel hearing of these preparations, gathered his forces, and with a part thereof sent his natural brother Robert Maxwel to intercept the two Captains, ere they should join with johnston. They encountering in the Moor of Crawford, after a sharp conflict the Captains were defeated, Lamby and most of his company killed, and Cranston with divers others taken prisoners. johnston, left he should be thought to do nothing, did then make incursions upon Maxwels lands, Troubles betwixt the Maxwels and johnston's. raising fire, and carrying away great spoil: which Maxwel repaid with the burning of the house of Lockwood, and the slaughter of some of johnston's in Annandale. And thus did they make war one against another, till it happened that johnston in a certain conflict was taken by Maxwel, Johnston taken prisoner, and shortly after dieth. and made prisoner. The grief of this overthrow gave johnston shortly after he was liberated his death, but the wrath of the Court still continuing, a convention of the Estates was called to suppress Maxwel, and a Subsidy granted of 20000. pounds for levying of soldiers to pursue him. Thereafter, all that could bear Arms dwelling on the South of Forth, were commanded to be in readiness for attending the King in an expedition that he intended towards these parts. But the plague breaking out in Edinburgh, did rage so vehemently all that summer, as nothing could be done; so the expedition was put off for certain months. Mean while, Sir Francis Russel, son to the Earl of Bedford, killed at a meeting in the Borders. there fell out an accident which did quite alienate the Queen of England's favour from Arran. Sir john Forrester and Thomas Kar of Farnherst, Wardens of the middle Marches, being met for restoring some goods taken from the English, a tumult fell out wherein Sir Francis Russel son to the Earl of Bedford was killed; this was laid upon Farnherst, and he said to have done it by Arrans instigation: for they two were at that time in great friendship. And when the Queen did require Farnherst to be delivered, Arran did strongly oppose it, yet the King for her satisfaction did confine them both, Arran and Farnherst confined. the one in S. Andrews, and the other in Aberdene. Arran after a little time was relieved to his house at Kinneil; the other contracting sickness kept bed a long space, and as was thought died of displeasure at Aberdene. Farnherst dieth at Aberdene. A man he was of an haughty spirit, and had endured much trouble in the service of the King's mother, which he esteemed should have made him better respected, then as he conceived he was. Shortly after this accident, Sir Edward Wotton Ambassador to Scotland about the beginning of june, 1585. Sir Edward Wotton was employed in an Ambassage from England, for contracting a league offensive and defensive with the King in the cause of Religion. For than came that holy league, as they called it, to be discovered; which the Pope, the Spanish King, the Guises and others had made to extirpate the Reformed Religion. The Queen of England understanding herself to be principally aimed at, found nothing better than to make a counter-league with the Princes reform: and to that effect sent Sir Thomas Bodley to treat with the King of Denmark, and the Protestant princes in Germany, and at the same time employed Sir Edward Wotton towards the King. A convention of the Estates at S. Andrews. The motion did so please him, as presently he called the Estates at S. Andrews, and having in a long and pithy speech expressed the dangers threatened to Religion, with the necessity that the reformed Princes had to unite themselves strongly together, procured the act following to be concluded. We the Nobility and Estates presently convened, A league continued with the Queen of England. understanding that divers Princes and Potentates who term themselves Catholics, have joined under the Pope's authority in a most unchristian confederacy against the true Religion and Professors thereof, with full intent to prosecute their wicked resolution, not only within their own estates and dominions, but likewise in other Kingdoms, where they can pretend no lawful power nor authority. A purpose long since projected, and hitherto cunningly carried, but now openly manifested, and in divers parts begun to be executed with hard and cruel effects. And considering withal how it hath pleased God to bless this Realm with the sincerity of the Gospel (the defence whereof is the most just and lawful cause that Christians can maintain) we have thought it requisite not only to unite ourselves and join the whole forces which God hath granted us, under our most religious and Christian Sovereign, for the better assurance of our own estates, and the more peaceable enjoying of so great a benefit; but also for withstanding the dangerous course intended against all the professors of the truth, we have judged it needful, that a general League and Christian confederacy of Princes and States, professing the true Religion, should be opposed to the ungodly confederacy of the enemies thereof; especially that the two Crowns of Scotland and England, which nature, blood, habitation, and the profession of one Religion hath joined, may be unseparably united by a more firm and strict League than hath been betwixt any Princes their Progenitors in times passed for which effect, we under subscribing for ourselves, and in name and behalf of the whole Estates of this Realm, whose body in this convention we represent, have given and granted, like as we by the tenor hereof do give and grant to our Sovereign Lord King James the sixth, his Council or such of them as his Majesty shall please to nominate, our full power, privilege, assent and authority whatsoever, competent to us and to the three Estates of this Realm, to treat or cause to treat, confer, transact, and conclude a Christian league betwixt his Majesty and his Highness' dearest sister and Cousin, the Queen of England, and to nominate and appoint Commissioners for that purpose, who shall meet at such time and place, as his Highness shall agree upon with the Commissioners to be directed from his said dearest sister, the nomination and election of whom we have remitted, and do humbly remit to our dread Sovereign Lord, faithfully promising for us, and in behalf foresaid to ratify, approve and confirm in the first Parliament, whatsoever thing his Majesty shall agree unto, or his Highness' Commissioners in his name shall contract, indent, subscribe, or seal concerning the said league; with all heads, clauses, and Articles thereof, which we do and have the more willingly done, because of the trust we repose in his Majesty's wisdom, circumspection, earnest zeal to maintain the truth of God against all that shall happen to attempt anything to the contrary: providing always that the league do not infringe, or prejudge in any sort any former alliances and leagues betwixt this Realm, and any other ancient friends and confederates thereof, except only in matter of Religion, concerning which we do fully consent, that the said league be made offensive and defensive, avowing, and by our solemn oaths swearing, neither to spare life, lands, houses, goods, nor whatsoever it hath pleased God to grant unto us, in defence and maintenance thereof. This Act was passed on the last of july with a great consent, and was subscribed by the Archbishops of S. Andrews, and Glasgow, the Bishop of Dunkeld, the Commendators of Culross, Balmerinoch, Driburgh, Kinloss, Lindors, Blanire, and Pettin Weyme, representing the spiritual estate by the Earls of Arran, March, Athol, Montrosse, Martial, and Rothes; the Lords Oliphant, Thirlstane, Grace, Sinclare, Down, and Fleming for the Nobility, and by the Commissioners of burgh's, and all the Officers of Estate, amongst the rest by the Master of Grace, who though he did profess him● himself a Roman Catholic, would in nothing that the King affected, be thought refractory. It was thought that the Ambassador did rest well satisfied with the King's forwardness towards the league, and that he should have presently returned; But he had some other business in trust, which was carried more closely. This was to make friends to the exiled Lords, and labour their restitution, as had been concluded in England. To this effect he kept divers private meetings with the Master of Grace, the Secretary and Justice Clerk; giving the Lords intelligence from time to time of his proceedings; among other means he thought expedient that they should reconcile their private quarrels with the Lord Hamilton, and his brother Claud, who were likewise exiled, and lived then in England; he wrought so as they were brought, as it seemed, to a perfect accord, promising to take one course, and join all in the same cause. Lord Claud after his agreement with the banished Lords taketh a course by himself. But Claud fearing either the event of the enterprise, or not having buried his former grudges, did afterwards separate, and by discovering their purpose, procured to himself liberty to return; yet did he not find that acceptance which he expected, being shortly after his coming confined in Aberdene, and within a little while commanded to leave the country, and go into France. There came this Summer from Denmark certain Ambassadors to redeem, Ambassadors from Denmark, july 12. as they pretended, the Isles of Orkney and Shetland, alienated of old from that Crown, yet the true errand was to propone that marriage unto the King, which was some four years after happily perfected. The King receiving them kindly, and excusing himsel for the matter of Orkney because of the Pestilence which raged as then in Edinburgh (Where the Registers of the Kingdom were kept) promised how soon commodity served, The King advertised of the enterprise of the banished Lords. to give all reasonable satisfaction, and to send some in Commission to treat of those matters. How soon they were dimitted, the King went into Striveling, and from thence to Hamilton, to recreate himself as he was accustomed, where he received advertisement that the banished Lords were come down to the borders, and that Maxwel was to join his forces with them. Hereupon he returneth to Striveling, and sending for Arran, A Proclamation to meet the King at the Castle of Crawford. made Proclamations to go through the country, commanding all the subjects to meet him at the Castle of Crawford the 22. of October, for resisting the attempts of the Rebels. But things were so prepared at Court by the English Ambassador, as the Lords did prevent the King in his expedition. They had appointed their rendezvous at Linton in Tweddale, and meeting there, did solemnly swear, not to separate nor give over the profecution of their enterprise, till the King should be moved to accept them in favour, and put Arran forth of his company. Maxwel borough with him 300 soldiers that had served against johnston, and about 700 horsemen, all the others did scarce equal that number, though Bothwel, Home, Yester, Cesford, and Drumlanrig had joined with them. To justify their proceedings, they gave forth a Proclamation in all the places they came unto, A Proclamation given out by the banished Lords. declaring the causes of their enterprise to be, the defence of the truth, the deliverance of the King from corrupt Counsellors, and the preserving of amity with England. In this Proclamation nothing was left unsaid, that might make Arran odious, and hateful; amongst other things he was charged to have bragged of his descent from Duck Mordoch (who was beheaded in the time of King james the first) and to lay claim to the Crown by that title, calling himself King james the seventh. It is true, that in the Parliament held the year preceding, he took protestation in open Court, that he renounced any title, that he might pretend to the Crown that way, which I suppose he did to purge himself of that aspersion; but the protestation was laughed at, in the time, by the wiser sort, and gave them to think that such a folly had once possessed his mind. The Proclamation did often mention him and Col. Stewart as abusers of the King. The Ambassador went, not saluting the King. Of the rest of the Counselors there was no speech, which increased Arrans jealousy of them. Now how soon the Ambassador heard that the Lords were entered in the country, fearing that some notice should be taken of his dealing, he left Striveling, and went in haste to Berwick, without saluting any man. They sent a Post after him with a letter, A Post is sent after him, and his excuse. desiring to know the cause of his sudden departure, and whether he was directed by the Queen his Sovereign to go away in such sort. Being overtaken at Anwick, he answered, that he had no such direction from the Queen, when he was first employed, but that of late he had received a command to retire, because she saw no hope of the delivery of that wretched Farnherst. This he made the pretext of his departure, yet in reason he could not allege it. Farnherst lying bedfast at the time in Aberdene, where he was committed, which was notified to him, and he knew to be a truth; In the conclusion of his letter, he said, that he could not grant that he had departed insalutato hospite, seeing he performed that office, both with his heart and hand, and that he should by all possible means endeavour that his departure should rather help to maintain, then dissolve the amity betwixt his Sovereign and him. That which he speaketh of his hand, was a letter that he left to be given to the King, the day after he was gone, in which he laid the cause upon Arrans credit, without whom he saw nothing could be obtained, Arran seeing the letter that he left to be given to the King, began to think that all was not sound, and accused the Master of Grace, as being privy to the Ambassadors departure, which he denied; yet all that time nothing was done that was sitting either for the King's safety or reputation, and not so much as the Castle furnished with victuals, which might have easily been provided. Neither were the Lords ignorant of this, The Lords make haste to Striveling. which made them use the greater speed, marching directly to Falkirk, and the next day, which was the last of October, to Striveling, At the Church called Sanct Nineans (a half mile or less from the Town) they put themselves in order of battle, and stood so till night fell; at which time, upon warning given them by their friends within the Town, they advanced, and knowing all the passages, entered by a certain back way without any resistance. Arran had taken upon him to watch that night, The town of Striveling taken. and was keeping the Town gate, when a cry was raised that the Town was taken. The Earl of Crawford who watched with him, fled to the Castle, but he escaped by the bridge, of which he kept the keys. Some weak resistance was made by Colonel Stewart, at the head of the Market street, but he was soon put back with the slaughter of one or two of his company. The borderers according to their custom fell upon the stables, and made prey of all the gentlemen's horses, whereof they found good store. The spoil otherwise was not great, as of a town not very rich in merchandise. In the morning betimes the Castle was enclosed, which they knew could not long hold out, for it was unfurnished, and scarce provided with victuals of one day: in this extremity the King was advised to employ two of his Council towards the Lords, Two of the Council directed to the Lords. to ask what they intended. Choice was made of the Secretary and Justice Clerk, as men whom they would willingly hear. At the first meeting, the Secretary was rough enough with them, saying, That such violent forms were not to be approved, and to deal in that manner with their King, they would find it unsure; for what was extorted from him by force or fear, he would soon find means to undo, and never want men to serve him in that whereunto his will was bend; that humble Petitions became subjects, and had been more fitting then to come in the manner they did. The Lords Answer. The Lords answered, that it grieved them fore to be reduced to that necessity, nothing being more dear to them then the King's honour and safety. But what could they have done? they were banished from their country, put from their livings, their friends used with cruelty, the King not permitted to hear them in their just defence, and always shut up from presenting their Petitions. That their coming in that manner was not to dishonour, nor force the King, to whom they would be most humble supplicants, and upon their knees if they should find access, beg mercy at his hands. All they did was to save themselves from ruin, and to be secured from their adversaries, who had wronged them, and the whole States of the Kingdom: wherefore they besought them, as their countrymen and friends, to intercede with his Majesty, that they might be accepted in favour, and all things composed in the most quiet and honourable manner for the King and State that could be devised. This reported to the King, did mitigate his mind a little; For myself, said he, I did never like that man's violence (meaning Arran) and howbeit I cannot but offend with their doings; yet for the country's sake, and preservation of public quietness, I can pardon and overpasse all; but one thing I desire you that have been in conference with them, to look to; The King's care of those that attented him. that none in my company receive any harm. I know there are quarrels betwixt the Earl of Crawford and the Master of Glammis; That the Earl of Angus doth not like Montrosse; and I believe that Colonel Stewart is not well beloved for things done in my service. These I cannot see with mine honour, hurt; provide for that, and that they may be in safety, and I shall willingly admit them. When this was showed the Lords, The King is pleased to admit the Lords in his presence. they said, that they had not taken up Arms for any private quarrel, nor would they mix their particulars with the public; but it should be good for eschewing such inconveniences as might happen, that the Noblemen (whom the King had named) were put in custody with some special persons, and that the Colonel should be discharged from his office of the guard, and the same conferred to another. This being declared to the King, he gave his consent to receive them. Being brought unto his presence, The Lord Hamilton in name of the rest, supplicates mercy. they fell all upon their knees, and the Lord Hamilton (who had the precedency in regard of blood) taking the speech, said, that they were come in most humble manner to beg mercy, and his Majesty's love and favour; The King answered,; My Lord, I did never see you before, and must confess, The King's Answer. that of all this company, you have been most wronged: you were a faithful servant to the Queen my mother in my minority, and when I understood not, as I do, the estate of things, hardly used. The rest of you, that have since that time been exiled, and put from your livings, cannot say but it was your own fault, and that your misbehaviour procured the same; The King's speech to Bothwel But (turning himself to Bothwel) what should have moved thee Francis, said he, to take this course, and come in Arms against me? did I ever thee any wrong, or what cause hadst thou to offend? I wish thee a more quiet spirit, and that thou mayest learn to live as a Subject, otherwise thou wilt fall in trouble. To you all, who, as I truly think, have not meant any harm to any person, I am pleased to give both my hand, and my heart, and will remember nothing that is past, providing you carry yourselves from henceforth as becomes men of your places, and behave yourselves as dutiful subjects. So they arose one by one, and kissed his Majesty's hands. It was observed that he received the Lord Hamilton with greatest kindness, and gave him more respect than any others. This was the day after their entering into Striveling. Two days after in Council, The King his pardon proclaimed. the King renewing his promise, did by public Act confirm the pardon granted to them, and their Assisters, which was by sound of trumpet proclaimed. The Earls of Crawford and Montross were commended to the Lord Hamilton, who used them honourably, and Colonel Stewart suffered quietly to depart. Arran after his flight went unto Coil, and lived private amongst his friends, deprived of all his honours. The charge of the guard was given to the Master of Glammis, The Master of Glammis made Captain of the Guard. the Castle of Dumbritton put in the Lord Hamiltons' custody, Striveling restored to the Earl of Marre, and the Castle of Edinburgh delivered to Sir james Home of Coldinkn●ws. In this manner did the banished Lords recover his Majesty's favour, Thuan. hist. 1. 43. and return to their places; albeit Thuan deceived by some information, hath otherwise related the same. How soon the Nobleman's peace was proclaimed, Duntraith confesseth the deposition he made against the Lords to be false. Duntraith who had touched them in his deposition against Maius (saying that he was told by one john Home, the Lords had hired every one of them two men to kill the King) so comperired before the Council undesired (so the Act of Council beareth) and confessed that he was suborned by Captain james (who is henceforth to be so named, the title of Arran being returned to the right owner) to make that deposition, which in itself was false and untrue, out of fear and to save his life. For verifying whereof, and to show that he did not confess this to please the Noblemen, whom he had wronged by such a confession, he declared that for the space of eight weeks before their return, he had revealed the same to the Master of Grace, and to the Provost of Linclouden, both which upon oath testified no less to the King. The Council for clearing the Noblemen, ordained his confession to be published, which was not very needful, (for no man did believe the delation) only it served to discover the falsehood of the suborner. In December following a Parliament was held at Linlithgow for ratifying the peace, A Parliament at Linlithgow. and abolishing the memory of things past. In this meeting the Ministers who returned in company of the Lords, did earnestly urge the repealing of the Acts concluded the year preceding, against their discipline: which the King did utterly refuse, ordaining, that none should either publicly declare, or privately speak or write in reproach of his Majesty's person, estate, or government, as is to be seen in the first Act of the parliament. The Ministers offend with the reconciled Lords. The Ministers offending greatly therewith, especially with the Lords, who had promised to see these Statutes repealed, stirred up one Mr. William Watson in his preaching before the King, to complain of the neglect that was made of the Church, and condemn the acts above mentioned. This young man the Bishop of S. Andrews had placed in Edinburgh, Mr. William Watson Minister committed. after the departing of the Ministers of England, and he to this time had carried himself very orderly: but now either fearing that his admission by the Bishop should be questioned, or to insinuate himself this way in the favours of the Ministers, who he thought would rule all matters of Church as they pleased, he took the boldness to reprove the King to his face. This his unseasonable and insolent doing was by all wisemen condemned, and he therefore committed to the Castle of Blackness. Notthelesse another of the same humour, james Gibson committed for the like insolence. called james Gibson Minister at that time at Pencaitland, usurping the Pulpit at Edinburgh, where the sickness was somewhat relented, fell out in the like impertinent railing, saying, That Captain James, with his Lady Jesabel, and William Stewart (meaning the Colonel) were taken to be the persecutors of the Church; but that now it was seen to be the King himself, against whom he denounced the curse that fell on Jeroboam, That he should die childless, and be the last of his race. This man called before the Council, confessed the speeches, and proudly maintained the same, for which he was likewise committed. Watson upon promise to amend and behave himself more dutifully, was suffered to return to his charge; but the business with the other lasted to a longer time, as we will afterwards hear. A few days before this Parliament deceased Mr. john Spottiswood Superintendant of Lothian, a son of the house of Spottiswood in the Mers, within the Barony of Gordon, The Superintendent of Lothian his death, with a short description of his life. of which Surname it seems his first progenitors were by the arms they have common with the gordon's: his Father was killed at Floudon in the unfortunate battle wherein King james the fourth died, and he left an Orphan of four years old. When he was come to some years, his friends put him to School in Glasgow, where he took the degree of a Master of Arts, and having a purpose to study Divinity, which he most affected, was wholly diverted from following the same, by the perfecutions he saw used against those they called heretics. So leaving the country he went into England, and there falling in familiarity with Archbishop Cranmer, was by his means brought to the knowledge of the truth. Soon after the death of King james the fifth, he returned to Scotland, and stayed a long time with Alexander Earl of Glencarne, who was known to be affected that way. In his company he came to be acquainted with Matthew Earl of Lennox, and was by him employed towards Henry the eighth, at the time that France did cast him off by the Cardinal's dealing, as we touched before. Matters succeeding to the Earl of Lennox his mind, and he settled in England, he remained with him some months, after which, longing to visit his friends, he returned; and being known to Sir james Sandylands of Calder, a man of great authority in those times, he was by him allowed to accept the Parsonage of Calder, which fell then void. And living sometimes with him, sometimes with the Prior of S. Andrews, in whose company he went to France at the time of the Queen's marriage; he made no great stay in any one place, till the work of reformation began; at which time he took himself to reside in Calder, and was how soon those troubles ended, chosen Superintendent of the Churches of Lothian, Mers, and Tiviotdale; which by the space of 20. years he governed most wisely, his care in teaching, planting of Churches, reducing people, and persons of all sorts into the right way, was great, and so successful, as within the bounds of his charge none was found refractory from the Religion professed. In his last days when he saw the Ministers take such liberty as they did, and heard of the disorders raised in the Church through that confused parity which men laboured to introduce; as likewise the irritations the King received, by a sort of foolish Preachers; he lamented extremely the case of the Church to those that came to visit him, (who were not a few, and of the better sort) he continually foretold, That the Ministers by their follies would bring Religion in hazard, and as he feared, provoke the King to forsake the truth: Therefore wished some to be placed in authority over them to keep them in awe; for, the doctrine, said he, we profess is good, but the old policy was undoubtedly the better; God is my witness, I lie not. And that these were his ordinary speeches some two years before his death, many then alive could witness. He was a man well esteemed for his piety and wisdom, loving, and beloved of all persons; charitable to the poor, and careful above all things to give no man offence. His happy life was crowned with a blessed death, which happened the 5. of December, 1585. in the 76. year of his age. But to turn to the history; An Assembly of the Church at Edinburgh the King having settled with the Noblemen, was very desirous to be at rest with the Church, and for that effect called some of the principal Ministers to a conference, wherein certain Articles were agreed for the better ordering of the Ecclesiastical affairs; the full determination thereof being remitted to the general Assembly of the Church, which was appointed to meet at Edinburgh the tenth of May following. In the mean time, Maxwel puffed up with the victory at Striveling, the praise whereof he ascrived wholly to himself, grew so insolent, as that the next Christmas taking with him a company of lewd and dissolute persons, he went in procession from Dumfreis to the College Church of Lincluden, and caused a Mass to be said: The Lord Maxwel goeth to Mass, and is committed. complaint being made to the King, he was brought before the Council, and committed to the Castle of Edinburgh, where he remained some months. This gave occasion to the Proclamations which followed against Priests, Jesuits, and traffiquing Papists, who were all commanded to leave the country before a certain day, under pain of death. Whilst these things were a doing, Mr. Andrew Melvil to be revenged of Saint Andrews, An. 1586. who had devised, as he imagined, the Acts made in the parliament 1584. A Synod at S. Andrews called against the Bishop, April 1586. and penned the Declaration thereafter published, did in a Synod holden at S. Andrews, raise a new stir, calling a number of Barons, Gentlemen, and Ministers together, as to a Synod; Mr. james Melvil his Cousin made the exhortation; in which, after a bitter Invective against the devisers of the foresaid Acts, he admonished the Assembly to censure him that was known to have had a chief hand therein, meaning the Bishop. The exhortation ended, Mr. Robert Wilkie Professor of Philosophy in S. leonard's, was chosen Moderator; and their doctrine, as their manner was, being approved, it was proponed, that according to the admonition given them, they should proceed in censuring the Bishop. The opinions were divers, some holding it dangerous, and doubting what might be the consequence of it; others enquiring if he was cired to the Diet a third sort more zealous than the rest, cried out that it was the cause of God, in which no man ought to forecast or fear any danger; and that a citation needed not where the iniquiry was so manifest; or if that was thought necessary, that he might be warned to the next Session; being then in the City. This course was held most formal, and so was he ordained to be cired. In the afternoon he compeired, The Bishop being cited compeireth, and protesteth against the Judicatory. and protesting that he did not acknowledge that judicatory, desired to understand what they could charge him with, that he might justify himself. They misregarding the Protestation, did accuse him of devising the Statutes made in the year 1584. of penning the Declaration published thereafter by his Majesty, of traducing the brethren that fled into England in the time of his Ambassage, His accusation. and a number the like. To this the Bishop repeating his protestation, answered, That the Statutes were not of his devising, but when they were proponed, he gave his opinion that they were good and lawful Acts, and therein had served his conscience, the very second Act of that Parliament being an express confirmation of Popery, in so far as by it the dignity and authority of the three Estates was ordained to stand unaltered according to the ancient custom of the Realm. This, said they, is a ratifying of the Episcopal jurisdiction, according as it was in time of Popery. The Bishop replied, That the Bishops were not by themselves an estate, but they represented in a part the estate of the Church, which was ever reputed the first estate of the Realm, since the Kingdom became Chiristian; and that in the Act alleged, no jurisdiction was established; howbeit for the Episcopal power, there was enough to be said, if the time and place were fitting. But if they had no further to say, he would leave them, putting them again in mind that they were not his judges, and that these were matters too high for subjects to meddle in. At last perceiving they would proceed with their censures, He appealeth to the King, and Estates. he appealed to his Majesty, the Council, and three Estates of the Realm, or any other lawful Assembly convened by his Majesty, and so departed. When he was gone, they entered into consultation what to do; many were of the judgement, that after appellation there could be no proceeding: others though, that the appellation was not to be regarded. The Bishop excommunicated by the Synod. The matter being put to voices, it was concludeded only by two voices more that he should presently be excommunicated. The Moderator by his place was to pronounce the sentence, but he refused, albeit he was no friend to the Bishop at that time; nor would any other of the Assembly take on them to do it. In end when all were dissolving, and a great part gone forth out of the Schools (for the Assembly was kept in S. leonard's) a young fellow named Mr. Andrew Hunter, willed them to stay, professed that he was warned by the Spirit to pronounce the sentence, and so ascending the chair, he read the same out of the book, a few only remaining as witnesses. This scornful and disorderly proceeding, Mr. Andrew and Mr. james Melvil excommunicated by a servant and Cousin of the Bishop. was the next day required in a form nothing better. Two of the Bishop's servants going to the Church at the time of prayer, caused one Mr. Samuel Cunningham Cousin to the Bishop, go unto the Readers seat, and pronounce the same sentence against Mr. Andrew, and Mr. james Melvil, and some others of the Ministers of Fife, who had been most eager and forward against the Bishop. The Appellation was sent by the Bishop to the King, wherein first he excepted against the Synod as being unlawfully convened; Next, against their unjust proceedings. The first he proved, saying, That convention was express against the Statutes of Parliament, The Appellation with the reasons sent to the King. and neither convocated by his Majesty's letters, nor by the Bishop of the Diocese: moderated by a Laic person, that had no imposition of hands, made up of a company of Barons, Gentlemen, Masters of Schools and Colleges, who bore no function in the Church, and ought not to have any suffrage in Ecclesiastic Assemblies, and no sufficient number of Ministers assisting; who though they had been present, by the Apostles rule were subject ot the Bishops censure, and he not to theirs. The injustice of their proceeding he qualified; first, by their citation, which neither contained a lawful cause, nor did allow him a reasonable time for his appearing. 2. That at his compeiring, (which was under protestation that he did in no sort acknowledge that judicatory) they accused him for defending his Majesty's authority in matters Ecclesiastic, and for his consent given to the Statutes made in Parliament 1584. which were the laws of the King and three Estates, which they ought not to take on them to condemn. 3. That they transgressed the order set down in their own Assemblies, which appoints admonitions and prayers to be used for persons, before the sentence be pronounced. 4. That the conclusion they took to excommunicate, passed not with consent of those who were present, and was carried only by the voices of two ignorant Ministers. 5. That the Moderator of the pretended Synod, refusing to pronounce the sentence, one Hunter servant to Mr. Andrew Melvil, had taken on him to do the same, alleging he was moved thereto by the Spirit of God: which was a conceit of the Anabaptists, and aught to be severely punished. And, 6. That Ministers in their Synods, were they never so lawfully convened, may not excommunicate any person without consent of the Church, whereof he is a member. Saint Paul (on whose example they grounded their excommunications) not presuming by himself to cast forth the incestuous man, but writing to the Church of Corinth, that when they were convened together, they should do the same. In end he entreated his Majesty whom it specially concerned to take cognition of their unruly and tumultuous proceeding, and to consider how dangerous a thing it was to put the spiritual sword in the hands of such men, who might possibly attempt the like against his Majesty's self, & others of the Council. When the King heard of this business, A transaction betwixt the Bishop and the Assembly. he was greatly commoved, yet because the Diet of the Assembly was approaching, he thought best to continue the matter to that time; where in stead of examining the process, or discussing the Bishop's Appellation, a transaction was made in this sort. That the Bishop by his hand-writing or personal appearance in the Assembly, should deny that ever he publicly professed or meaned to claim any supremacy, or to be Judge over other Pastors, and Ministers, or yet avowed the same to have a ground in God's word; and if so he had done, it had been an error against his conscience, and knowledge. That he should also deny, that in the last Synodal Assembly, he did claim to be Judge of the same, and if he had done it, that he erred therein, and in his imperious behaviour, and contempt of the said Synod. That thirdly, he should promise to behave himself better in time coming, and crave pardon for any oversight by him committed, claiming no further than justly he might, by God's word: and in all other things carry himself as a moderate Pastor ought, labouring to be the Bishop described by S. Paul, submitting his life and doctrine to the judgement and censure of the general Assembly, without any reclamation, provocation, or appellation from the same in any time coming. That the Assembly on the other part, for his Majesty's satisfaction, and to give testimony of their willing minds to obey his Highness, so far as they could, and in conscience they might, and for the good hope they had of his Majesty's favourable concurrence in building up the house of God; should hold the said process and sentence as undeduced, and not pronounced, and restore the Bishop in so far as concerned the said process and sentence, to the estate wherein he was before the pronouncing of the same; especially because the said process was led and deduced during the time of the conference, whereupon his Majesty had conceived offence: with this proviso, Always that the Bishop should observe what he promised in the premises, and carry himself dutifully in his vocation, in all times thereafter. What should have moved the King to hearken to a mediation so prejudicial, The reasons moving the King to give way to this transaction. both to his own authority, and the Episcopal jurisdiction which he laboured to establish, cannot well be conjectured; except we will think, that by yielding to the Church's advice in this particular, he hoped to win them in end to those things which served for his peace, and their own quietness; or, which I rather believe, that he did only temporise not seeing another way how to come by his ends, and was content to keep them in any tolerable terms, till he should find himself of power sufficient to redress these confusions. Whatsoever the reason was the Bishop did set his hand to the conditions proposed by the Assembly, and received that declaratour for an absolution. Yet did not this satisfy the adverse party, who peremptorily urged the justifying of their process, with the confirmation of the sentence they had pronounced; which when they could not obtain, the same Hunter that pronounced the sentence, protested publicly against the Assemblies proceeding, and that notwithstanding the absolution granted, the Bishop should still be esteemed as one justly delivered to Satan, till his conversion were seen to be true and effectual: unto which protestation Mr. Andrew Melvil and Mr. Thomas Buchannan did adhere. A motion was made in the same Assembly for censuring the Ministers that had allowed the Acts concluded in the Parliament 1584. The Ministers exhorted to judge charitably one of another. by their subscriptions; but they were found to be so many, as it was feared, the urging thereof would breed aschisme and division in the Church; wherefore after some altercation the matter was left, and all the Ministers exhorted to judge charitably one of another, notwithstanding their diversity of opinions. The Articles agreed upon in the conference with certain Ministers, Acts concluded in the Assembly. whereof the determination was remitted to this Assembly, made more ado; for they having condescended to accept Bishops, and to give them a chief hand in the government of Church affairs, they always being subject to the censure of the general Assembly, It was strongly opposed, and after a long dispute concluded; That in respect the Bishop was a Pastor, as other ordinary Pastors are, he should for matters of life and doctrine be tried by the Presbytery and Synod; and for his Commission otherwise in Church affairs be subject to the general Assembly. The Secretary, Justice Clerk, with the Lord Privy Seal, and other Commissioners for the King, disassented and made protestation, That seeing the Assembly had gone from the Articles agreed upon in the conference, nothing either then, or at the present concluded should stand in force. And thus were they like to dissolve, but that Mr. Robert Pont, james Martin, and Patrick Galloway, being directed to inform his Majesty of the difference, things were drawn to this midst; That the Bishops and others having Commission to visit Churches, should be only subject to the trial of the general Assembly, and such as had power from them, till further order was taken. And that where Bishops and Commissioners were resident, they should preside in the meetings of Presbyteries and Synods, Fife only excepted, where Mr. Robert Wilkie was appointed to moderate the Presbytery of Saint Andrews, until the next Synod. In the mean time was the order of the Presbyteries set down, and their power defined, the King taking no notice of their doings in that kind. The Secretary who then supplied the place of Chancellor, His Majesty's answer to the advice given him by the Chancellor. perceiving the King so vexed with the affairs of the Church, and the Ministers so refractory and unwilling to be ruled, did advise him to leave them to their own courses, saying, That in a short time they would become so intolerable, as the people would chase them forth of the country. True, answered the King, if I were purposed to undo the Church and Religion, I should think your counsel not ill, but my mind is to maintain both, therefore can I not suffer them run into these disorders, that will make Religion to be despised. This answer did show the King's love to the Church, and his care of the good estate thereof, which in this place I thought was not to be passed. In the Estate matters went not much better at this time, and amongst others, nothing gave more offence than the acquitting of Mr. Archibald Douglas, by form of Assize. This man was known to be guilty of the murder of the King his Father, and had fled into England six years before. The Earl of Morton at his death, and one Binny Mr. Archibalds own servant, who was executed about the same time, did both declare, that he was present at the doing of that wicked fact, for which the King had often by his letters and Ambassages entreated the Queen of England to have him delivered, yet could not obtain it. At this time a remission being purchased to him for the concealing of that murder, with a letter of rehabilitation, whereby he might stand in judgement and plead against his forfeiture; he was in a Jury held the 26. of May, declared innocent, and absolved of the crime. This was done by the procurement of the Prior of Blantire, who had intruded himself in the Parsonage of Glasgow, whereof Mr. Archibald had been titular, and otherwise then by his restoring could have no right in law to retain it. Many were grieved to see Justice in that sort abused, for maintaining a facrilegious possession; but to have sent him back to England, with a Commission to reside there as Ambassador for the King, which likewise was done, was an error inexcusable; and how he and the Master of Grace, who was chief man in that led Assize, carried themselves in the Queen of Scotland's business, wherewith they were trusted, we will hear in the end of this year. In the Isles this Summer there arose great trouble betwixt Mackoneil, and Macklain, two principal men in those parts. Macklain, by his education in the continent, had learned civility and good manners, and living accordingly, was in great respect both with his own people, and all his neighbours about, Mackoneil out of an emulation made many quarrels to the other, and in end laid a plot to murder him (though he had married his sister) which he went about in this manner. He sent a message to Macklain offering to visit him at his house, and to stay some days, providing he would come back, and make merry with him in his country, that the world might see all injuries were forgotten, and that they loved one another as brethren, and good neighbours ought to do. Macklain answered, that he should be welcome, but for his going back with him, they should talk at meeting. Mackoneil receiving this answer, came the next day and was received very kindly by Macklain. Some four or five days he stayed, using the fairest shows of amity that could be wished, and being to part homewards, entreated Macklain to go with him, saying, that he would leave his eldest son, and a brother-germane pledges for his safety: Macklain upon his importunity yielded to go, but refused the pledges, left he should seem to distrust him, and so went, taking with him of the trustiest of his kindred and servants, some 45. They arrived in Kyntire early in the morning, A trouble in the Isles betwixt Macko●●il and Macklain. and all that day were welcomed with liberal feasting, according to that people's custom. At night when they were gone to rest, Mackoneil beset the house, wherein Macklain and his people lay, with a number of men, and called him to come forth and drink; he answered, that of drink they had too much, and that it was then time to rest. Yet it is my will, said Mackoneil, that ye arise and come forth. Macklain hearing this, began to suspect some bad dealing, and dressing himself and his men, did open the door, where perceiving a company in Arms, and Mackoneil with his sword drawn; he asked what the matter was, and if he meant to break his faith. No faith, said he, I gave none, and must now have an account of you, and your friends for the wrong I have received. Macklain had taken that night his nephew a little child to bed with him, and being put to his defence, kept the child upon his left shoulder in manner of a targe. The child cried for mercy to his Uncle: wherewith Mackoneil moved, did promise to spare his life, providing he would render his weapons, and become his prisoner. Macklain seeing no better, was content, and thereupon was conveyed with some keepers to another house; All the rest (two excepted) upon the like promise rendered themselves. The two whom he refused to spare, defended the door so desperately, as neither he nor his men durst enter: whereupon fire was put to the house, and they burnt within the same. The others that rendered, notwithstanding the promise given them, were all beheaded in Macklains sight, some of them the next morning, and the rest the days following. Macklain himself had gone the same way, but that it happened Mackoneil by a fall from his horse to break his leg, by which accident his execution was prolonged. In the mean time, upon notice given to the King of that barbarous fact, an Herald was sent with a charge to deliver Macklain to the Earl of Argile; but this availed not, but still he was detained and compelled to yield unto most unreasonable conditions, before he got his liberty; which was no sooner obtained, then Macklain to revenge himself, fell upon Mackoneils bounds, burning and killing man wife and child, without mercy; and so took a cruel revenge of the others treachery. A little before this trouble in the Isles, The Earl of Eglington treacherously murdered. Hugh Montgomry Earl of Eglington, a young Nobleman of good expectation, was likewise treacherously killed by certain Cunninghams', who envying the Nobleman's worth (otherwise they could pretend no just quarrel) did conspire his death. The chief Actors, David Cunningham of Robertland, Alexander Cunningham of Aiket, and john Cunningham of Corsell, who were set on work by the Earl of Glencarne, upon promise that he should maintain them; which afterwards he disclaimed. This unhappy fact did cost much blood, and was afterwards honourably revenged by Robert Master of Eglington, the Nobleman's brother. In the month of june was the league with England concluded, A league with England concluded. which the year preceding had been carefully laboured, and by Commissioners sent from both Princes in a meeting at Berwick, accorded in this form. 1. That both their Majesties finding by the course of the present proceedings in foreign parts, The Articles of the league. that divers Princes terming themselves Catholics, and acknowledging the Pope's authority, were joined in confederacy for extirpating true Religion, not only within their own States and Dominions, but also in other Kingdoms; left they should seem to be less solicitous for the defence thereof, then were their enemies who thought to overthrow the same; have thought it necessary as well for the preservation of their own persons, on whose safety doth the Well of their subjects, depend, as for the better maintenance of the true ancient Christian Religion which they now profess, to join and unite themselves in a more strict league than hath been between any Princes their Progenitors. 2. That they should labour and procure by their best endeavours to draw the Princes professing the same Religion to join and concur with them in the like defence thereof. 3. That this league should be offensive and defensive against all that should attempt to disturb the exercise true Religion within their Kingdoms, notwithstanding of any former leagues of friendship or amity, contracted with the said attemptors. 4. That if any Prince or State whatsoever, should invade the Realms and Dominions of either of their Majesties, or attempt any injury against their persons or subjects; upon notice thereof given or received, neither of them should yield aid, counsel, advice, or support, directly or indirectly, to the said invader, notwithstanding any consanguinity, affinity, league or treaty, made or to be made. That in case of invasion they should aid and assist each other in manner and form following. That is to say, if the Realm of England should be invaded by any foreign forces in parts remote from the Realm of Scotland, the King upon signification made unto him by the Queen of England should furnish 2000 horsemen, and 5000 footmen, or a lesser number, as it shall please the said Queen to require, and should cause them be conducted from the borders of Scotland into any part of the Kingdom of England, upon the charges of the said Queen; And in case the said Realm of Scotland be invaded in any part remote from the borders of England by any foreign force, the Queen of England upon requisition made to her by the King, should furnish 3000 horsemen, and 6000 footmen, or a lesser number at the option of the said King, and shall cause them to be conducted to any part of the Realm of Scotland, upon the King's charges. 6. That in case the invasion should be upon the North parts of the Realm of England, within 60 miles of the borders of Scotland, the King being required by the Queen, should gather all the forces he could make, and join with the English power for pursuing the said invaders, and keep them together for the space of thirty days or so much longer (if it be required) as the subjects of Scotland are usually accustomed to stay in the fields for the defence of their own Kingdom. 7. That upon any invasion or trouble arising in the Realm of Ireland, the King upon notice given to him thereof, should not only inhibit the repair thither of any of the inhabitants of Argile, Isles and places adjacent, or any other parts of his dominions; but also if it shall happen them or any of them to go into Ireland with a number extraordinary, and in hostile manner, the King upon signification of the same, should denonnce them his Rebels, and pursue them as Traitors. 8. That neither of their Majesties should hereafter aid, supply, assist or entertain the Rebels or adversaries of the other, nor permit them to reside either privately or publicly in any part of their dominions, but upon the first requisition of the Prince, to whom they are Rebels, they should undelayedly be delivered according to the old leagues and treaties, or then expulsed forth of their dominions, and redress made for any injuries they should happen to commit, during their abode in the same. 9 That all controversies about matters of borders or wrongs committed in the Marches since the time of the Kings accepting the government in his own person, and by the space of four years preceding; should be friendly determined and satisfied at the sight of Commissioners to be appointed on both sides, who should meet at the within six months after the date of the presents, and decide thereupon. 10. That neither of their Majesties should enter into any league or treaty (without the consent of the other, by letters signed with their hands under their privy signet) with any other Prince or State whatsoever, to the prejudice of the present Treaty. 11. That all former treaties betwixt their Majesty's progenitors, and both Realms, notwithstanding any discontinuance thereof, should stand in full force, so far as they should not be found derogatory to the present treaty, and that this treaty should not infringe any league made by either of their Majesties or their progenitors, with other their friends and confederates, in any time bygone, the cause of Religion only excepted, wherein the present league is declared to be offensive and defensive. 12. That both their Majesties should confirm the league by their oaths and great Seals, which should be interchanged, and mutually delivered to others. 13. Lastly, that the King at his coming to the perfect age of 25. years, should cause the present league to be ratified by the States of the Kingdom; like as the Queen at the same time should cause it to be confirmed in her Parliament of England These were the Articles of the league concluded at Berwick, The names of the Commissioners of both Kingdoms. and signed by Francis Earl Bothwel, Robert Lord Boyd, and Sir james Home of Coldinknowes, Commissioners for the King; As likewise by Edward Earl of Rutland, William Lord Evers, and Sir Thomas Randolph, Commissioners for the Queen of England. It was believed, that this amity contracted with such deliberation should have continued firm; A new breach between the King and Queen of England. for (besides the public league) the Queen had sent to the King a letter under her own hand, wherein she did faithfully promise to suffer nothing to be done, that might derogate or prejudge his right and title to the Crown of England. And for a further demonstration of her kindness, had presented him with a gift of annuity answerable to the lands possessed by the Lady Lennox in her time, which the King by divers Ambassadors had formerly required, as due to him. Yet a few months after, broke out a business that put them in worse terms than before, and was with no small difficulty pacified; the story whereof shall next be related. The Queen of Scots being touched in the trial of Babingtons' conspiracy, The proceedings against the Queen of Scots. as having interchanged divers letters with him, a consultation was kept concerning her, and what was fittest to be done; for they considered that all the conspiracies made against the Queen of England, being chiefly intended in hope of the Scottish Queen her succession so long as she lived, their Sovereign should never be secured, and that therefore the surest course was to put her out of the way; But how this should be done, the opinions were different. The Earl of Leicester advising to dispatch her secretly by poison, Secretary Walsingham did mightily oppose it, as that which would draw upon the Queen both danger and dishonour, and besides, in itself was a thing injust, and no better than a cruel murder. Wherefore his opinion was, that the course of Law should be kept, and Commission given for making her process, and as the trial should prove, for giving sentence and judgement. This opinion prevailing, certain Noblemen Counselors and Judges were chosen for the business, who meeting at the Castle of Fotheringham (where the Queen of Scots was kept) the eleventh of October, and calling her before them, did charge her with the said conspiracy, and intercourse of letters. She refusing to answer, and be tried as a subject, being herself an absolute Queen; they notthelesse went on, and finding her guilty, Sentence of death pronounced against her. pronounced the sentence of death; which was shortly thereafter confirmed by the Estates of Parliament, and a supplication therewith delivered to the Queen for putting their decree in execution. How soon the King was advertised hereof, he sent William Keith sent into England about the midst of November. William Keith Gentleman of his chamber to the Queen, with a letter to this effect. That howbeit it seemed strange to him that the Nobility and Counsellors of England should take upon them to give sentence upon a Queen of Scotland, and one descended of the Royal blood of England, yet he would think it much more strange, if she should slain her hands with the blood of his mother, who was of the same Royal condition with herself, and of the same sex: which as he could not believe, would enter into her heart to do; so if it should be, he desired her to consider how much it touched him in honour, that was both a King and a son, to suffer his mother an absolute Prince, to be put to an infamous death. No answer being returned to this, A letter to William Keith from the King. upon new advertisement that the Queen was like to be drawn by the importunity of her Estates to give way to the execution, he wrote to William Keith more sharply, requiring him to show the Queen how unjust he held that proceeding against his mother, and that it did neither agree with the will of God, who prohibiteth to touch his anointed ones, nor with the law of Nations; That an absolute Prince should be sentenced and judged by subjects: and if she would be the first to give that pernicious example of profaning her own and other Prince's Diadems, to remember her, that both in respect of nature and honour it concerned him to be revenged of so great an indignity; which if he should not do, he should peril his credit both at home and abroad; and therefore willed him for to labour for a delay, until he should send an Ambassador with overtures that might content and satisfy her Majesty. For by a letter sent from Mr. Archibald Douglas that stayed as Leaguer in England, he found him not well disposed in the business, and thereupon resolved to employ a more honourable person, and one of greater trust William Keith having entreated the Queen for a delay, The Queen in passion at the sight of the letter. when as he could not obtain the same, did show her the direction he had received from the King: at which she grew into such a passion, that if Leicester and others of the Council who stood by, had not pacified her (saying that the King did only request that his mother might be well used, which was a thing natural, and in him an honourable part; and that some ill affected persons possibly had stirred him up to write so sharply) she had simply refused him any more hearing. But after she had calmed a little she said, That she would give no answer in anger, and would think of it to the next morning. At which time calling him again, she said, That no precipitation should be used, and if any did come from the King within a few days, she would stay all proceeding to that time, and be glad to hear such overtures, as might save the Queen of Scots life, and assure her own. The King advertised of this, The King excuseth the sharpness of his letter. and conceiving some hope that matters would draw to an agreement, wrote of new to the Queen, and showed he was sorry to understand that his letter sent to William Keith, had been construed as if he did threaten her and her Estates, whereas his purpose was only to inform her of the rumours going in the country, and how much his subjects were moved at these forms of proceeding with their Queen. That for himself, he knew well enough how hardly she was pressed by objecting unto her the peril of her own life; and that he never blamed her directly for any thing that was done. Therefore prayed her to account him her most honest and steadfast friend, since he never had nor should deserve any other at her hand, and that for his sake she would continue any proceeding against his mother, till his overtures should be heard, which the Master of Grace should bring with him, who was to take journey on the Saturday following. This letter was speedily carried to the Queen, which gave her some content, The Master of Grace and Sir Robert Melvil sent into England. for thereby she perceived the rumours to be vain which were dispersed, that he was minded to break the league, and denounce war. The King in the mean time having convocated the Estates, and imparted to them the case wherein his mother stood, had very liberal promises given him, and a present supply of money granted for dispatch of his Ambassador. And being advised by the Estates to join Sir Robert Melvil in Commission with the Master of Grace, as one that had served his mother long, and was truly affected unto her, the Commission was given to them both, and they put in equal trust. So parting from Halirudhouse the 20th of December, they came to London the penult of the month. The next day Master Archtbald Douglas being sent to desire audience, The first audience. the same was refused upon information that they had been with Monsieur Bellieur the French Ambassador, who was employed in the same errand, and had parted from the Queen in wrath; yet the contrary being showed, and that they refused to make any visit till they had presence of her Majesty, they had access granted the first of january. At her first meeting she quarrelled the letter sent to William Keith, ask if they were sent with the like threats. They answering that his Majesty's letter might receive a good construction, and that he had interpreted himself by another, directed since that time to her Majesty's self, she broke forth into these speeches, I am unmeasurably sorry that there can be no means found to save the life of your King's mother, and assure mine own, I have laboured to conserve the life of us both, but now I see it cannot be done. The Ambassador replied, that the case was nothing so desperate, and that means would be found to put her Majesty in assurance; yet because they perceived her to be somewhat commoved, they did not think meet to enter at that time more deeply in the business. At their second audience which was on the tenth day, The second audience and effect thereof. the Queen begun with them, in this sort. A thing long looked for, should be good when it cometh; I would now hear what are your King's offers. The Master (as having the first place) answered, no man makes offer, but for some cause. If it like your Majesty, we desire to know if the person be extant for whom we offer, (for the rumour went constantly that the execution was passed.) As yet, said the Queen, I think she be, but will not promise an hour. Nay said the Master, we come not to shift, but to offer from our Sovereign whatsoever in reason can be required; specially, that he shall interpose his credit in behalf of his mother, and give the chief of his Nobility for pledges, that no plot nor practice should be contrived against your Majesty with her knowledge or privity: or if that be not sufficient, and that it shall please your Majesty to set her at liberty, and send her into Scotland, a course shall be taken for securing your Majesty from all such attempts by her occasion. The Queen calling the Earl of Leicester, with the Lords Admiral and Chamberlain, who were nigh by, repeated in their hearing these offers, setting them all at nought: whereupon the Master took occasion to ask, What should move any man to attempt against her Majesty for the Queen of Scots? Because said the Queen, they think she shall succeed to me, and that she is a Papist. And if these means shall be taken away, said the Master, apparently the danger will cease. This, says the Queen, I would be glad to understand. If her right succession to England shall be made over in our Sovereign's person (said he) Papists will have no more hope, and this I think the Queen his mother will dimit and resign to him. But she hath no right, said the Queen, for she is declared incapable of succession. And if she have no right, said the Master, the hope of Papists ceaseth, and it is not to be feared that they will enterprise for her. But the Papists, said the Queen, do not allow our Declaration. Then let it fall, said he, in the King's person by her resignation. The Earl of Leicester objecting that she was a prisoner, and could not dimit, the Master answered, That the dimission being made to her son, with the advice of all the friends in Europe, in case (as God forbid) the Queen by any attempt should be cut off, she would have none to partake with her against her son, all the princes her friends standing obliged for her resignation, that it should be valid and effectual to her son. The Queen making as though she did not understand him, the Earl of Leicester said, that the Ambassador's meaning was, that the king should be in his Mother's place, Is it so? says the Queen, than I put myself in worse case before; By God's passion (this was her oath) that were to cut mine own throat: he shall never come in that place, and be party to me. The Master answered, that he would be more party, if he should come in his Mother's place through her death. Well, said the Queen, tell your King what I have done for him, to keep the Crown on his head since he was born, and that for my part, I mind to keep the league that stands betwixt us; which if he break, it shall be a double fault. And with these words she made away; Sir Robert Melvil following her, requested for some eight days continuance of the execution, whereunto she answered, Not an hour. The King advertised of this conference, A letter from the King to the Master of Grace. and that nothing but extremity was to be expected, wrote with his own hand to the Master of Grace, as followeth. Reserve yourself no longer in your dealing for my mother, for you have done it too long, and think not that any thing will do good if her life be lost, for then adicu with further dealing with that State. Therefore if you look for the continuance of my favour, spare no pains nor plainness in this case, but read my letter written to William Keith, and conform yourself wholly to the contents thereof, and in this let me reap the fruits of your great credit there, either now or never. Farewell. But before this letter came unto the Master, The Master of Grace drawn upon another course. he was drawn upon another course and made more cold in the business, and (as the fame went) had taken upon him to pacify the King, though the execution proceeded. Mean while the Earl of Leicester wrote to the King a letter, wherein not obscurely showing what was resolved, he advised him to deal more moderately in that matter of his mother, her cause not being worth the losing of such a friend as the Queen his Sovereign was. For albeit no man, said he, can blame your Majesty to speak for the safety of your mother's life; yet under your favour, your Majesty being a Prince and a King, you ought to weigh without partiality the case of other Kings and Princes, as if it might be your own. justice's should in the bosom of all Princes have such place, that whatsoever affection may draw them, if the thing which any of them doth for the preservation of their own life and estate be warranted, it ought to be borne withal by others. And proceeding in this manner, he said, Let the case of the Queen my Sovereign be made your Majesties, and that any King or Prince being in your hands, claiming title to your Crown, would raise war within your Realm against you, or conspire with traitors within your Court or country to kill you; in that case I would fain know what would be thought fit by any faithful or good subject of yours, that you should do to such a one? Nay, give me leave I humbly beseech you, to ask even of yourself, what you would think fit in such a case: there is no other difference, but that this offence is done to the Queen Majesty by your mother. And after that a little (for the letter is long) If my plain speech may be without offence to your Majesty, I would wish you to think well of this case: remember how near it is to you, and how much nearer it may be to you; it is seen to all the world wherefore the life of our Mistress is sought, whose death may be as far out of your way, as your mother's liberty hath heretofore been dangerous to your estate. And if it be true which I have heard, your Majesty's self by her will, had as well been dispossessed of the possession of that you have, as defeated of any remainder you thought to have interest in. And therefore as Kings be, and aught to be jealous of their own estate, so I doubt not but your Majesty will deeply consider of this case of your mothers, wherein you may perform both the Office of a Son, and of a King. And as I have always advised you, so do I still, except for a just cause (which I am persuaded you shall never have) give not her Majesty any cause to conceive a breach of love and friendship on your part. She is the person and Prince in the world, that may do you most good or most harm; let no persuasion or device make you think otherwise: the world is full of practice, and the worst heads most busy, etc. At the same time Secretary Walsingham writing to the Lord Thirlstan the King's Secretary, Secretary Walsingham writeth to the Lord Thirlstan. with whom he kept intelligence, declared that it was wondered by all wise and religious men in England, that the King should be so earnest in the cause of his mother, seeing all the Papists in Europe that affected the change of Religion in both Realms, did build their hopes altogether upon her, and that she had showed herself so passionate in point of Religion, as she had transferred her pretended right to both the Crowns untothe King of Spain, in case the King her son should persist in his profession. It is true that such informations were given out amongst the Papists to divert the King from constancy in his profession, but that any such tranflation was made by her it is not probable, and a thing not to be believed; her Declaration at the time of her death being far other, as we shall hear; Albeit a Popish Abbot descriving the life of Laurens the Cardinal, who was at that time Protector of the Scottish Nation, affirmeth the foresaid translation to have been in his hands, and to have been delivered to him by Count Olivarez the Spanish Ambassador at Rome. But that doth merit little credit: such forged titles would perhaps have served, if the enterprise of the 88 had succeeded, but they are now of little purpose. The King perceiving by all these letters that the death of his mother was determined, The King commandeth the Ministers to remember his mother in their prayers. called back his Ambassadors; and at home gave order to the Ministers to remember her in their public prayers: which they denied to do, though the form prescrived was most Christian and lawful: which was, that it might please God to illuminate her with the light of his truth, and save her from the apparent danger wherein she was cast. Upon their denial charges were directed to command all Bishops, Ministers, and other office-bearers in the Church, to make mention of her distress in their public prayers, and commend her to God in the form appointed. But of all the number, Mr. David Lindesay at Leth, and the Kings own Ministers, gave obedience. At Edinburgh, where the disobedience was most public, the King purposing to have their fault amended, The third of February, appointed for solemn prayers in her behalf. did appoint the third of February for solemn prayers to be made in her behalf, commanding the Bishop of S. Andrews to prepare himself for that day; which when the Ministers understood, they stirred up Mr. john Cowper a young man not entered as yet in the function, to take the Pulpit before the time, The Bishop of S. Andrews appointed to preach, Mr. john Cowper usurpeth the place. and exclude the Bishop. The King coming at the hour appointed, and seeing him in the place, called to him from his seat, and said, Mr. john, that place was destinate for another, yet since you are there, if you will obey the charge that is given, and remember my mother in your prayers, you shall go on; he replying, he would do as the spirit of God should direct him, was commanded to leave the place: and making as though he would stay, the Captain of the Guard went to pull him out; whereupon he burst forth in these speeches, This day shall be a witness against the King, in the great day of the Lord: and then denouncing a woe to the inhabitants of Edinburgh, he went down, and the Bishop of S. Andrews, entering the Pulpit, did perform the duty required. The noise was great for a while amongst the people, but after they were quieted, and had heard the Bishop (as he was a most powerful Preacher) out of that text to Timothy, discourse of the duty of Christians in praying for all men, they grieved fore to see their teachers so far overtaken, and condemned their obstinacy in that point. In the afternoon Cowper was called before the Council, where Mr. Walter Balcanquel, and Mr. William Watson Ministers, accompanying him, for some idle speeches that escaped them, were both discharged from preaching in Edinburgh, The Ministers at Edinburgh discharged. during his Majesty's pleasure, and Cowper sent prisoner to Blackness. The Queen of Scots some months before, The Queen of Scots her request to the Queen of England. having notice given her of the sentence pronounced against her, and being willed to prepare herself for death, was nothing thereby dejected, but thanked God for that her sorrowful life was now to end, entreated the Queen of England by her letters, for three things: First, that her body might be carried by her servants into France, to be buried besides her mother. Next, that she should not to be put to death secretly, but in the presence of her servants and others, who might bear witness of her dying in Christ, against the false rumours which her adversaries might disperse of her. Thirdly, that her servants might have leave to go whither they would, and enjoy the mean legacies she had bequeathed unto them in her Testament; which things she requested, in the name of jesus Christ, by the soul and memory of Henry the 7th Progenitor to them both, and by the royal honour and title which she had carried. In the same letters she complained of the indignity done unto her, in the taking away of her royal furniture, and that her keepers did use her without that respect which was due to her estate and birth. But to none of these desires was any answer given, the Queen of England dissembling that she had received any such letter. Yet was she much perplexed and doubtful what to do, The Queen of England, is doubtful which way to take. whether to take her out of the way or not. If she should be spared, she doubted the Noblemen who had given sentence against her, would take it ill, and perhaps run other courses to free themselves from her malice; and to take her away, she knew it would be interpreted a great cruelty on her part, as likewise that the King her son would be sore displeased: for albeit that the Master of Grace at his parting from her, had in private given hopes that the King's title being reserved, and no prejudice made thereto by the sentence given against his mother, her death would be forgotten; yet Sir Robert Melvil who was joined in Commission with him had assured her, if rigour were used, that friendship would no longer be kept. Debating thus with herself some days upon the most expedient, she signed a warrant for the execution, and gave it to Davison one of her Secretaries to be passed the great Seal: which was no sooner done, then repenting the direction, she told him that she would take another way. But having before communicated the Warrant with the Council, they presently sent Beal their Clerk with the Mandate and Letters to the Earls of Shrewsbury, Kent, Derby, and Cumberland, to see the same performed. The Earls accompanied with the Sheriff of the Shire and Justices of Peace, The Queen of Scots willed to prepare herself for death. came to Fotheringham on Tuesday the 7th of February, and having signified the cause of their coming, willed the Queen to prepare herself to die, for that she was to suffer the next morning. She was no way moved, as it seemed, and said, I did not think that Queen Elizabeth my Sister, would have consented to my death, but since it is so, death is to me most welcome. That soul is not worthy of the heaven's joys, whose body cannot endure one blow of the hangman: only I will request, said she, that I may speak with my Confessor, and Melvil my Steward. It was answered, that her Confessor would not be permitted to come unto her, but she should have the Bishop, or Dean of Peterborow who were nigh by to give her comfort. She replied, They are of another profession, and cannot be sit comforters to me: but since you will not allow my Confessor to come at me, I will comfort myself in God. Some other speeches passed amongst them touching Babington, Her behaviour and preparation. and her Secretaries, No, and Curl, who had both confessed the interchange of letters with Babington; after which the Earls departed; she calling for supper, commanded her servants to make haste, that she might have leisure to set things in order. Having supped sparingly (as her custom was) she made an Inventory of her goods and moveables, setting down the names of those, for whom she appointed them; & unto some she gave money with her own hand. This done, she wrote unto her Confessor, entreating him to pray unto God for her; and a few lines to the French King, and Duke of Guise, in behalf of her servants; at the ordinary hour she went to bed and slept some hours quietly, after which having awaked, she spent the rest of the night in prayer. The day beginning to break, she apparelled herself as she was wont to do on the Festival days, and calling together her servants, showed unto them her Will, desiring them to take in good part the Legacies she had bequeathed unto them since her means were at the time no better; and then gave herself wholly to devotion. About eight of the clock, the Sheriff of the Shire named named Thomas Andrews entered the Chapel, where she was praying on her knees, and told her that all was ready: and, I am likewise, said she. Thus arising, she came forth to her Chamber of presence, where she made a short speech to her servants, willing them to fear God, and live virtuously: and so kissing her women, and giving the man-servants her hand to kiss, she bade them farewel. The Earls and other Gentlemen meeting her, She biddeth her servants farewell. she showed a most cheerful countenance, nothing dejected, but looking grave and devout, with a Crucifix of Ivory in her hands. As she was going towards the Hall, where she was to suffer, when Andrew Melvil her Steward did bewail his mishap, in that he should be the carrier of the news of his Lady's death into Scotland, she said, Do not lament, but rather be glad, for thou shalt straightway see Mary Stewart delivered from all her cares; you may tell them, that I die constant in my Religion, and firm in affection towards Scotland and France. Hitherto thou haft served me faithfully, and howbeit I take thee to be in Religion a Protestant, and I myself am Catholic, yet seeing there is but one Christ, I charge thee upon thine account to him, that thou carry these my last wo●ds to my son, and show that I pray him to serve God, Her directions to Andrew Melvil her Steward. to defend the Catholic Church, and govern his Kingdom in peace, and n●ver to put himself in the power of another, as I have done. Certify him that I have done nothing prejudicial to the Crown of Scotland, and will him to keep friendship wi●h the queen England and serve thou him faithfully. With these words some tears falling from her e●e, she bade him farewell. After this, She is brought to the place of execution. she was brought to the Hall, in the midst whereof, over against the Chimney (where was a great fire) a scaffold was erected of two foot high, and twe●ve ●oot broad, h●ving two steps to ascend; the Scaffold was railed about almost a yard high, and all covered with black cloth, as were the Chair, Stools, and block, and Cushions to kneel upon. Before she went up turning to the Earls, she requested that her servants might stand by at her death; They answered, that their passionate weeping would diquiet her and do no good else. Nay, said she, I will promise for them, they shall not do so: it is but a small favour, and such as Queen Elizabeth would not deny me, to have my maids present. She named Melvil her Steward, Bu●got● her Physician, her Apothecary, and Chirurgeon, with two maids. Being on the Scaffold, The Dean of Peterbur●ow offereth to comfort her. and silence made; the Cle●k of the Council did read the Commission, which she listened to, as it had been some other matter. That ended, the Dean of Pe●erburrow began to remember her of her present condition, and to comfort her in the best way he could; she interrupting his speech, willed him to hold his peace, for that she would not hear him. a when excusing himself, that what he did was by command of her Majesty's Council, he began again to speak, Peace Mr. Dean, said she, I have nothing to do with you, nor you with me. The Noblemen desiring him not to trouble her further, she said, That is best, for I am settled in the ancient Catholic Religion, wherein I was born and bred, and new will die in the same. The Earl of Kent saying, that as yet they would not cease to pray unto God for her, that he would vouchsafe to open her eyes, and enlighten her mind with the knowledge of his truth, that she might die therein. She answered, That you may do at your pleasure, She prayeth by herself. but I will pray by myself. So the Dean conceiving a prayer, and all the company following him, she likewise prayed aloud in the Latin Tongue; and when the Dean had finished, she in the English Language commended unto God the estate of the afflicted Church; prayed for her son, that he might prosper and live happily, and for Queen Elizabeth that she might live long, and govern her subjects peace bly●a●ding, that she hoped only to be saved by the blood of Christ, at the fee● of whose picture presented on the Crucifix, she would willingly shed her blood. Then lifting up the crucifix and kissing it, she said, As thy arms O Christ, were spread abroad on the Cr●sse so with the on stretched Arms of thy mercy receive me, and forgive me my sins. This said she rose up, The manner of the execution. and was by two of her women disrobed of her upper garments, the executioners offering their help, and putting to their hands, she put them back saying, She was not accustomed to be served with such grooms, nor dressed before such a multitude. Her upper robe taken off, she did quickly lose her doublet, which was laced on the back, and putting on her Arms a pair of silken sleeves, her body covered with a smock only, she kissed her maids again, and bade them farewel. They bursting forth in tears, she said, I promised for you that you should be quiet, get you hence, and remember me. After which, kneeling down most resolutely, and with the least token of fear that might be, having her eyes covered with a handkerchief, she repeated the Psalm, In te, Domine, confido, ne confundar in aeternum. Then stretching forth her body with great quietness, and laying her neck over the block, she cried aloud, In manus tuas, Domine, commendo spiritum meum. One of the executioners holding down her hands, the other at two blows cut off her head; which falling out of her attire, seemed to be somewhat grey. All things about her were taken from the executioners, and they not suffered to carry their Aprons, or anything else with them that her blood had touched, the clothes and block were also burnt, her body embalmed, and in solemn manner buried in the Cathedral Church at Peterburrow; and after many years taken up by the King her son, and interred at Westminster amongst the rest of the Kings. This was the end of Queen Mary's life, A brief description of her fortune. a Princess of many rare virtues, but crossed with all the crosses of Fortune, which never any did bear with greater courage and magnanimity to the last. Upon her return from France, for the first two or three years, she carried herself most worthily; but then giving ear to some wicked persons, and transported with the passion of revenge, for the indignity done unto her in the murder of David Rizio her Secretary, she fell into a Labyrinth of troubles, which forced her to flee into England; where after 19 years' captivity, she was put to death in the manner yond have heard. Nigh unto her Sepulchre at Peterburrow was affixed at the time, by some friend that bewailed her death, this inscription. MARIA Scotorum Regina, The inscription secretly affixed on her Sepulchre. Regis filia, Regis Gallorum vidua, Regina Angliae agnata, & haeres proxima, virtutibus Regiis, & animo Regio ornata, jure regio frustra saepius implorato, barbara, & tyrannica ●rudelitate, ornamentum nostri seculi, & lumen vere regium extinguitur; eodémque nefario judicio, & MARIA Scotorum Regina, morte naturali, & omnes superstites Reges plebeii facti morte mulctantur, hîc extat. Cum sacris enim vivae MARIAE cineribus, omnium Regum atque Principum violatam atque prostratam Majestatem hîc jacere scito: & quia tacitum regale satis superque Reges sui officit monet, plura non addo, viator. That is, MARY Queen of Scotland, The same Englished. daughter of a King, Widow of the King of France, kinswoman and next heir to the Queen of England, adorned with royal virtues, and a Princely spirit; having often, but in vain implored to have the right due to a Prince done unto her, the ornament of our age, and mirror of Princes, by a barbarous and tyrannical cruelty is cut off; And by one and the same infamous judgement, both MARY Queen of Scotland is punished with death, and all Kings living are made liable to the same: A strange and uncouth kind of grave this is, wherein the living are included with the dead; for with the Ashes of this blessed MARY, thou shalt know, that the Majesty of all Kings and Princes lies here depressed, and violated. But because the regal secret doth admonish all Kings of their duty, Traveller, I will say no more. The Author was not known, nor could be found out, so it was taken away. But as soon as it was told the Queen, that the execution was done, she grieved exceedingly, and put on a mourning habit, laying all the fault upon Secretary Davison, to whom she had said, that she would take another way. Mean while she sent Mr. Robert Cary one of the Lord Hunsdons' sons to the King, with this letter of her own hand-writing. My dear brother, The Queen of England writeth to the King by Mr. Robert Cary. I would you knew, though not felt, the extreme dolour that overwhelmeth my mind, for that miserable accident which far contrary to my meaning hath befallen. I have sent this kinsman of mine, whom ere now it hath pleased you to favour, to instract you truly of that, which is too irksome for my pen to tell you. I beseech you, that as God, and many no know, how innocent I am in this case, so you will believe me, that if I had done it, I would have abode by it; I am not so base minded, that the fear of any living creature, should make me afraid to do what is just, or done, to deny the same, I am not so degenerate, nor carry so vile a mind; but as not to disguise, fits most a King, so will I never dissemble my actions, but cause them sh●w as I mean them. This assure yourself for me, that as I know it was deserved, if I had meant it, I would never over another's shoulders, and to impute to myself that, which I did not so much as think of, I will not. The circumstances you will be pleased to hear of this bearer: And for my part, think you have not in the world a more loving kinswoman, and more dear friend, nor any tha● will watch more carefully to preserve you and your state. And if any would otherwise persuade you, think they bear more good will to others, then to you. Thus in haste, I leave to trouble you, beseeching God to send you a long Reign. Your most assured loving Sister and Cousin, ELIZABETH: R. The King denying him presence and refusing to receive his Letters, The King denieth him access. he advertised the Queen, who willed him if he could not find access to his Majesty, to deliver his Message, and Letters to some of the Council, if it should be the King's pleasure to take information from them. This after the delay of a few days was yielded unto, and with the Letters a writing delivered to be showed his Majesty of this Tenor. WHereas the Queen's Majesty my Mistress, Mr. ca●ies Declaration in writing. desiring to have your Majesty certified aright of the death of the Queen your mother, and in what sort the same was done, hath commanded me, since I am denied your presence, to declare my message to certain of your Council; I have thought best to put it in writing, because words may be mistaken, and my charge this way better performed. First, she commanded me to assure your Majesty that it never entered in her thought to put the Queen your mo●her to death, notwithstanding the daily persuasions of her Council, th●supplications of the Nobility, Knights, and Gentlemen, and the hourly outcries of her poor people and commonalty, wherewith she was wearied, and out of measure grieved to see their determination fixed that way. And that upon advertisements coming every day unto her, of th' preparation of ships and men, both in France and Spain, to invade her Realm; and reports ●f the breaking open of Fotheringham Castle, and the Queen your mother's escape; lest she should in any such extremity be unprovided, she had signed a Warrant to her Council, for doing what they thought best with your mother; which warrant she delivered to her Secretary Mr. Davison to be kept, not intending it should be given out of his hands, except some invasion from abroad, or insurrection of Rebels at home, were made to procure her liberty. But her Secretary otherwise then she had purposed, having showed the Warrant to two or three of the Council, they called the whole number together, and presently sent a mandate for her execution; which was done, she protests to God, before she knew of it. Hereupon the Secretary is committed, and will not escape her high displeasure. This is the effect of my message, which if I could express so lively, as I did hear her utter it with a heavy heart, and sorrowful countenance; I think your Majesty would rather pity the grief which she endureth, then in any sort blame her for the fact whereunto she never gave consent. This Declaration gave the King no content, The Declaration giveth no content to the King. for he could not think that her Council would have presumed without her own knowledge to take the life of his mother; and for the censure of the Secretary, he did esteem it but a mockery, and not a repairing of the wrong he had received. Neither wanted he persons about him to sharpen him to take rev●nge. Some out of a desire to have all things troubled; others out of the hatred they bore to Religion, and some truly resenting the injury as done to the whole nation. Which when the Queen understood, and that her messenger was returned without audience, she laboured by her Ministers, of whom she was ever well furnished, The Queen laboureth to divert the King from War. to pacify his mind, and divert him from the War he had intended. These working privately with the King's chief Counselors, and such of his chamber as he was known to affect, dealt so, as they kept off things from breaking forth unto open hostility, which was every day expected. Secretary Walsingham first by a long letter, directed to the Lord Thirlstane, who was then in most credit, and had the chief administration of affairs, proponed divers weighty and important considerations, that should keep the King from taking any such resolution. Because the letter contained the very true reasons, that in end moved his Majesty to forhear violence, and take a more calm course, I thought meet to set it down word by word, as it standeth in the Original. SIr, being absent from Court, A letter of Wals●gham to the Lord Th●ls●an when the late execution of the Queen your Sovereign's mother happened, I did forthwith upon my return impart to Mr. Douglas some things concerning the course was conceived here, by your said Sovereign's best friends, fit to be holden in this remediless accident for continuance of peace and amity between the two Crowns, as a thing for the weal of both Nations to be desired. But finding him unwilling to meddle therewith, I have thought good to write to the same effect unto yourself. The rather for that I presently understand, by some advertisements out of that country, that the death of the Queen is likely to breed so strange an alienation of his Majesty's mind towards this Realm, tending (as is reported) wholly to violence, and to revenge of that which hath been so necessarily done by the whole body of the same; whereof, as for mine own part, I should be right sorry, so it is generally hoped, that his Majesty being of that singular judgement himself, by the good help and advice of such as you are, in credit and authority about him, men of wisdom and experience, whom he will hear; this mischief will notwithstanding be carefully and prudently prevented, considering how every way, all things being rightly weighed, this course will be found prejudicial as well to your said Sovereign's estate, as to his reputation, if he resolve to persist therein. For first, the enterprise will undoubtedly be condemned in the sight of all such as shall not be transported with some particular passion: for that they shall see, that he takes Arms for revenge of an Action, besides the necessity wherein it is grounded, full of so honourable and just proceedings, as howsoever the effect was contrary to their liking, the manner thereof by the late Queens great favourers, could not but be approved and allowed. And as on the one side, the King your Sovereign oppugning the course of Justice, of so unlawful, unjust, and desperate a quarrel, cannot be expected any other thing, than a most unhappy and miserable issue: so we being assured that in the defence of Justice the assistance of his mighty arm will not fail us, whose judgement this was, need not to fear whatsoever man shall attempt to the contrary against this Realm. But not to stand upon the justness of the quarrel, which every man perhaps will not so much regard; It would be considered what means your Sovereign shall have to go through with such an enterprise, if he take it in hand. For the forces of his own Realm, being so far inferior to these in England, no man is so simple, but seeth it were no way safe for his Majesty, trusting only thereto, to make head against the power of this land; neither is it thought that any man will be found so unadvised, as to wish him so to do. But as it may be, that a great number for lack of understanding are carried away with such vain discourses, as some without solid ground imagine of that might be done in this case, by a King of Scotland, backed and assisted (as they conceive in the air) with the French, and Spanish aid; so it is likely enough, there shall not want those, that either satisfaction of their private passions, or supply of their necessities, or better affectionating some other their private designs; would be content to serve themselves of this present public occasion and opportunity: who will propound, and promise also more to his Majesty of such foreign assistance, than they know in their consciences can be performed, if he would declare himself enemy to this Realm; which that he should, (though to his own ruin) the enemies of both Realms will do what they can to procure. But men of wisdom and understanding, laying before their eyes as well the accustomed delays, and after long solicitation and pursuit, the simple supplies and support, commonly found at these foreign Potentates hands; as also, how doubtful and uncertain the success of war may prove, England (God be thanked) being so prepared, and in case to defend itself, both otherwise, and by the conjunction of Holland and Zelands forces by Sea, in respect whereof this Realm need not fear, what all the Potentates of Europe being bended against us, can do for to annoy the same; Due consideration, I say, being taken hereof, you will easily judge and find, how vain it were for your Sovereign upon so uncertain hopes to embark himself and estate in an unnecessary war. But much more if you shall consider, what a sequel and train of dangers and hazards this war draweth therewith, the consequence whereof, reacheth to whatsoever your Sovereign possesseth, or hopeth for in this life. For escaping to be slain in field, if he should happen to be taken prisoner; or be constrained to retire himself out of the Realm, (things that have fallen out oft in experience) and then having incensed this whole Realm against him, he should be disabled from any right in the succession of this Crown, (as authority is given to do it by the same Statute, whereby they proceeded against the mother) for attempting the invasion of this land, what extremity should he be reduced unto? And truly it could not otherwise be, the ancient enmity between the two Nations now forgotten, being by drawing blood one of another again, likely to be in such sort revived, as it would be impossible to make them like of a Prince of that Nation, and specially him who had been upon so unjust a ground the author of that unfortunate breach. Besides, that the greatest part of the ancient Nobility, by whose judgement the late Queen was condemned, and the rest of the principal Gentlemen of the Realm, who confirmed the same in Parliament, should have just cause to adventure any thing even to the marching over their bellies, rather than to yield to his government, who carrying such a vindictive mind, they might doubt would one day call their lives and honours in question. And as for the remedy and relief which he might attend (standing in these terms) of foreign Princes; there are many examples of the former ages, and within fresh memory. As the King of Navarres Grandfather by the mother's side, and Christiern King of Denmark, both were allied to Francis the first, and Charles' the fist, two of the mightiest Potentates that reigned in long time; And that this present Don Antonio may suffice for ensamples, to teach all Princes, if they can avoid it, to beware how they fall into that state whereby they shall be enforced to seek their own by other Potentates means. Princes are not so ready in these days, to embrace other men's quarrels, but where they are extraordinarily interressed in their own fortunes. Wherefore I doubt not, but it will be seen by men of judgement, not transported with passion, or led away with private respects; that it should be every way the only best course for your Sovereign, by a good and kind usage of her Majesty, and by showing that Princely moderation; as well in this grievous accident of his mother's death, as his whole proceeding with this Realm, (which the excellency of his Highness' education seemeth to promise) to seek to win the hearty good wills of this Realm, as the chief and principal assurance he can in any sort obtain. For to trust or depend either upon the French King, or the King of Spain, as if by their assistance he might attain to the present possession of this Crown, which be indeed the only two Potentates, whom he must have recourse unto, if he reject the Amity of England, whosoever shall so counsel your Sovereign, as things presently stand, shall in the judgement of men of best understanding, bewray great want either of fidelity or judgement, drawing his Majesty unto so untoward and desperate a course. For it is no way safe for any Prince to repose his trust and strength upon their favour and assistance, to whose desires and designs his greatness may yield any impeachment and hindrance; so were it clearly against common reason to expect other support and assistance from them, than might stand with their own commodities and pretensions, in respect whereof neither of the two foresaid Kings can simply and roundly join with your Sovereign to his good. First, his Religion being odious to them both, and likely to prove most prejudicial to the Catholic cause, he growing so great, as he should be made by the union of the two Crowns, the consideration whereof, caused his mother's affairs to stick a long time, and made now in end leave him quite out of the reckoning, ordaining the King of Spain her heir, if her son became not Catholic. Next, it is merely repugnant to the policy of France, were it but in respect of the ancient claim England maketh to that Crown, to suffer the uniting of this Island under one Prince. They have been content in former times, when England had a footing in France, to serve themselves of your Nation, therewith to annoy this Realm, by the means of diverting or dividing the forces thereof; and so perhaps the Politics of France can be content to wish at this day, by your Sovereign's quarrel, or any other such like, to be eased of the burden, and miseries of the present War wherewith they are plagued, by transporting the same into this Island. But as this Realm hath good means to prevent that mischief if it were intended, so were your Sovereign to look, when all were done, but to be made an instrument, as his predecessors have been, of the effusion of much Scottish blood for French quarrels, and the desolation of that Realm. And as things stand presently in France, it is not thought that you should find the King ready to hearken to any enterprise against this Land, the said King being most desirous to live in peace, both with his neighbours abroad, and his subjects at home, but that he hath been forced full sore against his will, by the practice of them of the house of Guise, to countenance with his authority the Civil War raised in that Realm; which maketh him, whatsoever show he maketh of the contrary, to hate them in his heart Neither would it be held sound counsel to be given him by any that depends upon his fortune, to further the advancement of a King of Scots, so nearly allied to that family, which he hath discovered, and greatly feareth to levelly at his own Crown, with any intention to depose him, which by the greatness of a King of Scots, they should be so much the sooner and better able to effect. The King of Spain's assistance, being now in War with this Realm, were more likely to be obtained, but far more dangerous to be used in respect of his insatiable ambition, deep practices and power accompanied in this case, with a colour of right; wherein how far he would seek to prevail, any opportunity or advantage being offered, it may justly be doubted, by the experience that sundry States have had, which upon slender grounds of title have been extorted and wrung from the true inheritors, and annexed to his own Kingdom, as Navarre, Portugal, and all he possesseth in Italy hath been. It is believed that the King of Spain considering his years and unsettled estate every way, would willingly incline to peace if it were offered with reasonable conditions, and not over-readily at this present, embark himself in any new enterprise. But otherwise it is well known, that as he had fancied to himself an Empire of all this part of Europe, so he had an eye to this Realm ever since he was King in right of his wife. The conquest was intended under colour of Religion, as was discovered by some that were of his own Privy Council at that time; his pretention to be the heir of the house of Lancaster, and since the late Queen's death, the first Catholic Prince of the blood Royal of England, as also the donation of this Crown made him by the Queen of Scots in her letters with a promise to confirm it by Testiment (things blazed abroad by the said King's Ambassador at Paris) ought to breed jealousy and suspicion in your Sovereign's head, and give him to think how he should be used at such an assistants hand. Auxiliary forces have ever been reputed dangerous, if they either in number or policy were superior to them that called them in. The assistance therefore of Spain and France, being of this nature, as your Sovereign hath need of neither, so he shall do well to forbear them both, and so shall it be most for his ease. It may be some will pretend, that by change of his Religion, your Sovereign shall better his condition, in regard of these foreign Princes, besides a great party within this Realm, that thereby shall be drawn wholly to depend upon his fortune. But the poor distressed estate of Don Anthonio, being a Catholic Prince spoiled by a Catholic, and receiving so little succour at Catholic Princes hands, shall be a sufficient bar to all that can be alleged in that behalf. As for the Catholic party in England, in his mother's life it was never so united, as they drew all in one line, much less will they be brought suddenly to rely upon him if he should alter his Religion (as God defend) which would be his utter discredit and overthrow both with the one and the other party, neither having cause to repose any confidence in him: The Protestants because he had renounced the Religion, wherein he was with great care brought up; the Papists because they could not be assured in short space, that he was truly turned to their faith. Yea, all men should have reason to forsake him, who had thus dissembled and forsaken his God. And where it was given out, that divers do insinuate unto your Sovereign, that his honour and reputation is so deeply interessed herein, as it must necessarily turn to his perpetual ignominy and reproach, if he give not some notable testimony to the world, of the affection and dutiful love he bore to his mother; your King being of that singular judgement, that he is thought to have, cannot be ignorant how far true honour ought to possess a Christian Prince; that is, not whither passion or fury useth to carry men, but whether reason and wisdom have laid the bounds, that is, within the compass of possibility, decency and justice. If the late Queen had been innocent, revenge had been necessarily just and honourable, but being culpable, contrary in all reasonable men's judgements, he hath sufficiently discharged the duty of a son, in mediating for his mother so long as she was alive, and so far as he was able to prevail. They which require more at his Highness' hands, may be presumed not to regard what beseemeth his place and dignity, but to seek the satisfaction of their own particular passions and desires. And whosoever persuadeth his Highness, that the mediation used by him for his Mother, contrary to the humble pursuit of the whole Parliament, hath already given that offence to the Nobility and people of this land, as it behoveth him of force to have recourse to foreign supports, doth greatly abuse both his Highness and this Realm: for as they were not ignorant what nature might and ought to move his Highness unto, so long as there was any hope of her life; so they do not doubt but that reason will induce him to leave sorrowing, and thinking of her in due time. Thus have I troubled you with a long discourse, whereunto the desire I have of the continuance of amity between the two Crowns, hath carried me unawares further than I purposed; all which I refer to your good consideration, not doubting, but you will afford most readily and willingly all good offices that shall lie in your power, to the end that a happy conclusion may ensue hereof, which shall tend to the common good of the whole Island; and so I commit you to God. From the Court at Greenwich the 4th of March, 1586. Your Lordship's assured Friend, FRA. WALSINGHAM. THis letter showed to the King, served much to allay his anger; as afterwards appeared. In the May after, A Convention of the Estates. the Estates being assembled at Halirudhouse, they show a great forwardness all of them for assisting the revenge of his Mother's death, every man offering to spend his goods and life in that quarrel; yet the business was so timed out that summer, by the private dealing of certain Counsellors, as hopes were given to the Queen, The King is informed of certain speeches uttered by the Master of Grace, 20. Apr. that matters should compose, and a more peaceable course be taken. It was at this time that Sir William Stewart brother to Captain james, returned again to Court, and gave his attendance upon the Master of Grace. The Master then was plotting a change of Court, and had conspired with the Lord Maxwel to kill the Lord Thirlstane, Sir james Home of Coldingknowes, and Mr. Robert Douglas, Collector, whose power with the King he greatly envied. This he reveals to Sir William, as one that he believed would take part in the business; and to make him the more forward, tells, that it was Thirlstane, the justice Clerk, Blantyre, and himself that brought in the Lords at Striveling, and put his brother from Court, which he repented, and would help so far as he could, to recall him. Sir William knowing the man's nature, and that he was not to be trusted, gave him some hopes of joining with him, but in the mean time related all to the King. This coming to Thirlstanes knowledge, he complaineth thereof in Council, and desireth a trial. The Master denied that any such purpose had passed betwixt them; whereupon Sir William was called, and standing to that he had told the King, they two fell a contesting; after some bitter speeches, Sir William taking him up roundly, said, that he deserved no credit, as having abused his ambassage to England, and treacherously consented to the death of the King's Mother. There had a rumour gone of a letter written by the Master to the Queen of England after his parting from that Court, The Master of Grace and Sir William Stewart committed. advising her to put the Queen of Scots out of the way; and the words he had used, Mortui non mordent, Dead folks by't not, were in every man's mouth: and now the challenge being made public the Council moved the King to put the Master to trial, and commit both the one and the other. So were they both the same night sent to the Castle of Edinburgh. The Lord Thirlstane, and those others that were touched with the enterprise of Striveling, made great instance to be cleared in that point, but the King not liking to search too deeply in those businesses, said, That their own purgation, with the Declaration of the Noblemen that came home at that time, was sufficient. There were present of that number, the Lord Hamilton, the Earls of Marre and Bothwel, who upon oath declared, that they had no assurance from any about the King at the time of their coming, till they were received by his Majesty in favour. The like purgation was made by the Lord Thirlstane, the Justice Clerk, and the rest, and so that business ceased. After some two or three days, Sir William Stewart insists in the challenge of the Master of Grace. the Master of Grace and his accuser were brought again before the Council, where the same things that before we heard, being repeated by Sir William Stewart, he added further, That he knew the Master to be a traffiquer against Religion, and that he had written divers letters to the King of France, and Duke of Guise, declaring that the King was to seek their assistance, in revenge of his mother's death, but entreated them not to grant him any help, unless he did grant toleration to the Catholics, for exercise of their Religion. The Master being desired to answer, and as he looked for any favour to deal ingenuously, and confess the truth, said, That he could not deny his dealing for toleration of Catholics, and that he disliked some of the officers of State, and could have wished an alteration, but that ●e never had so much as a thought against his Majesty's person, beseeching to impute these things wherein he had offended, to his youth and foolish ambition. Being enquired touching the letter sent to the Queen of England, he confessed, That when he perceived her inclining to take the Queen of Scots life, he advised her rather to take her away in some private way, then to do it in form of justice; and acknowledged the words Mortui non mordent, to be his, but not used by him to the sense they were detorted. His confession did liberate his accuser, Sir William Stewart liberated, and the Master of Grace imprisoned. who was presently set at liberty, and he himself sent to the Tolbuiths of Edinburgh to attend his arraignment, which was made a few days after. There, having repeated the same things in effect, he submitted himself to the King's mercy; who thereupon gave order to the Justice to banish him the Realm, and in case he did return without licence to pronounce the sentence of death. Mean while he was prohibited to go either into England or Ireland, under the like pain. A punishment too mild, as many at that time judged, for crimes so hateful and odious. But the innated clemency of the King, and his unwillingness to use rigour towards them whom he had once favoured, did not suffer him to inflict the punishment which the offence had merited. Captain james▪ Captain jame, information against the Lord Thirlstane. who since the enterprise of Striveling had lurked amongst his friends, did now begin to show himself, and importune the King, with delations of Thirlstan: and some other Counsellors, as being accessary to his mother's death, and having a purpose to deliver him into England. An. 1587. These informations he sent enclosed in a letter to the King by Henry Stewart of Craigihall. The King communicating the same to the Council, direction was given to charge him to enter his person within the Palace of Linlithgow, and remain there till the truth of these delations should be tried: certifying him that if he failed to obey, process of forfeiture should be laid against him, as a sour of discord betwixt the King and his Nobility. When at the time prefixed he entered not, Thirlstane created Chancellor. the office of Chancellary, whereof as yet he used the title, was declared void, and bestowed upon the Lord Thirlstane. The King being now 21. years complete, A Parliament indicted at Edinburgh. a Parliament was indicted to be holden at Edinburgh the 29. of july, for a preparation thereto, and that the King might find the better assistance, the Noblemen were sent for, they especially betwixt whom there were known to be any quarrels. At their coming the King did press them with a submission of all controversies, The Noblemen reconciled and having obtained their consents, made them all friends. Only William Lord Yester refusing to reconcile with Traquaire, was committed and sent to the Castle of Edinburgh, where he was detained some months, till that variance was also composed. Such content the King conceived of their agreement, that he did feast them all royally at Halirudhouse, thereafter caused them walk in hands two and two in form of procession, from the Palace to the Mercat Cross of Edinburgh, where they sealed their concord by drinking healths one to another, to the exceeding great joy of all the beholders. A general Assembly was then also called by his Majesty's Proclamation to the 20. of june, A general Assembly of the Church. where the King did purpose to have all matters settled betwixt him and the Church; The King's propositions to the Assembly by his Commissioners. but this meeting had not the like success. For the Chancellar, and Justice Clerk being sent thither with certain Articles, of which two specials were to desire satisfaction for the offences committed by james Gibson and Mr. john Cowper, Ministers; and that Mr. Robert Montgomery might be received without any ceremonies into their fellowship; answer was made, That if the Petitions of the Church in the approaching Parliament should be granted, they would labour to bring matters to such a midst, as might best agree with the honour of the Ministry, satisfy the offence of the godly, and the conscience of their brethren, against whom his Majesty had taken offence. And for Mr. Robert Montgomery, they should dispense with some ceremonies used in admitting excommunicants, in case the King was willing to remit somewhat of the satisfaction craved of the other two brethren. This answer did so displease the King, as refusing to enter into any such capitulations, he left off all further treating with them at that time. But Montgomery being redacted to great necessity, Montgomery resigneth the Bishopric of Glasgow to Mr. William Ereskin. and not knowing what course to take (for the Duke of Lennox his agents having possessed themselves in the Bishopric, he was no more acknowledged) did resign his title in favour of Mr. William Areskin Parson of Campsie, a friend and follower of the Earl of Marre. This Gentleman being well beloved of the Ministry, and otherwise of good parts, obtained the consent of the Presbytery of Glasgow, and was admitted thereto by them, although he was a Laic and bare no charge in the Church. They being called to an account of this their doing in the next Assembly, excused themselves, saying, That since Churchmen were not permitted to enjoy the Bishopric, they esteemed it better he should in title of it then any other, and that he had given his bonds to renounce the same, in case the general Assembly did not allow of his admission. The excuse for the time was accepted, yet their doing was disallowed, and they ordained to pursue him upon his bonds for disannulling the admission: but he found means to retain the same, till Bishop james Beaton (who lived in France) was restored. Montgomery his resignation being then made public, he was shortly after, as informally absolved as he was excommunicated, and placed at a Church in Cunningham, where he lived in a poor estate to his death. The Parliament keeping at the time appointed, The Church's petition to the Parliament against the Prelates. Mr. David Lindesay, Mr. Robert Pont, and some others, having Commission from the Church, did present themselves in the Parliament house at the first sitting, and in name of the Church desired the Prelates that were presented to be removed, as having no authority from the Church, and the most of them no function, nor charge in it at all. Mr. Edward Bruce. Abbot of Kinlosse, rising up and directing his speech to the King, made a long discourse of the right they had to sit, and give voice for the Church in these meetings; complaining, that the Ministers had most disorderly shut them forth of their places in the Church, and now they thought to exclude them from their places in the Estate, which they hoped his Majesty would not suffer, and would punish as a presumptuous arrogancy, on the part of the Petitioners. Mr. Robert Pont replying some what bitterly, the King willed them to be quiet, and present their Petitions orderly to the Lords of the Articles, where they should be answered according to reason. When it came to the Articles, this being in the front of their Petitions, was simply rejected; some other Petitions were passed, as they had desired, for ratifying all laws made in the King's minority in favours of the Church, for trying and censuring the adversaries of true Religion, and for the punishment of such as did menace or invade the Ministers of the Church. It was in this Parliament, The temporalty of Benefices annexed to the Crown. that the temporality of Benefices was annexed to the Crown upon a pretext of bettering the Patrimony thereof, and that the King might have means to bear forth the honour of his Estate, and not burden his subjects with taxations for his support. This was the public pretext, and the King made to believe that the reservation of the Prelate's houses, and precincts, with the tithes of the Churches annexed to their benefices, would suffice to maintain their dignity and estate. But privately to such of the ministry as sought the subversion of Episcopal government, it was whispered, That this was the only way to undo the Prelacy, for there being no livings to maintain them (as in this case there would be little or nothing remaining, most of the Bishoprics being founded on temporal lands, and having but Churches annexed) none would be found to accept those places: which also proved true. Hopes besides were given to those Ministers, that they should have the tithes to use, and dispone at their pleasure; yet was it not long, ere the King did find himself abused, the temporalities formerly disponed, (which were not a few) being all in the same Parliament confirmed and those that remained, in a short time begged from him, and given away to the followers of Court, so as nothing was left to benefit, or reward any well deserving servant. When as he saw this, and that the spiritual Estate was by this mean utterly decayed, The King forthinketh the passing of the annexation. the Priors and Abbots being all turned temporal Lords, he did sore forthink the passing of the Act, calling it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lib. 2. pag. 43. a vile and pernicious Act, and recommending to the Prince his son, the annulling thereof. The Ministers that looked for restoring the tithes, perceiving themselves likewise deluded, began also to exclaim, and condemn the course, howbeit somewhat too late. In the same Parliament an Act was made in favour of the small Barons, The small Barons admitted to give voice in Parliament. giving them by their Commissioners a voice in Parliament, and Conventions with the others Estates. The Earl of Crawford did strongly oppose, and in name of the Nobility protested against their receiving. That which the King intended by this, was to free the Barons of their dependence upon Noblemen, and have the Estates more particularly informed at their meeting of the abuses in the country. But so far was he from obtaining these ends, as to the contrary they did work him great business in all the ensuing Parliaments. Soon after the Estates dissolved, The Lord Hunsdon hath presence of the King. the Lord Hunsdon Governor of Berwick, sent to entreat presence of the King, who yielded the more willingly, because he of all the Nobility of England, had meddled least in the proceedings against his Mother. The Nobleman proposing the same reasons in effect which Walsingham had used in his letter to the Chancellor, and laying before the King the danger, wherein he might bring the title and right of succession, (which otherwise was undoubted) if he should enter into open war with England; did earnestly beseech him, seeing that which was done could not be undone, to give place unto necessity, promising (because it was still beaten into the King's ears, that the execution of his Mother did bar his succession) to bring unto him a Declaration under the hands of all the Judges of England, that the sentence given against his Mother, was no hurt to his right, nor could work any prejudice to his succession. This conference did break the King very much from his resolution, A Proclamation against incursions in England. yet the outcries of the country were great, and their desires so vehement for revenge, that he parted with Hunsdon in doubtful terms. But when the Declaration of the Judges, which he had promised, was brought unto him, and therewith the sentence given against Davison in the Star Chamber, (whereby it appeared that the execution was done without the Queen's knowledge) he became more appeased, and suffered Proclamations to go out, inhibiting all that dwelled in the Borders, to make incursions upon England as they were begun to do. About the same time did Patrick Vaus of Barnbarrough, The Ambassadors sent into Denmark, return. and Mr. Peter Young his Majesty's Elemosynar (who had been sent unto Denmark to treat of the marriage 15. May. ) return Latter end of August. making report of their agreement: whereupon conclusion was taken, that in the opening of the spring, a Nobleman should be directed to accomplish the ceremonies, and bring home the young Queen. But the death of King Frederick her Father, who departed this life in the month of April next, with other occasions that intervened, made the business to be delayed certain months. In the end of the year there came from beyond Sea divers Jesuits and Priests, A Proclamation against Jesuits and Priests. to deal with the Catholic Noblemen for assisting the Spanish Armada, which was then preparing to invade England, if possibly they should take land in Scotland; for their hope was to find the King favourable, because of the Queens proceedings against his Mother, and that he should join his forces with the Spanish, for revenge of that wrong. But he considering his own danger, if strangers should set foot in the Isle, and not trusting that the Spaniard would take the pains to conquer for him the Crown of England, (for that also was proffered) refused to give ear unto such motions. Mr. james Gordon Jesuit, and Uncle to the Earl of Huntley, had been all the summer before in the country, and was overseen because of his Nephew, whom the King intended to match with the Duke of Lennox his eldest sister; neither was he much feared, as being a simple man, and not deeply learned; Mr. Edmond Hay brother to Peter Hay of Megnish, a Jesuit also, but of greater account, and more politic and wise, did thereafter arrive, pretending that he came to take his farewell of his friends, and after him came divers others, which made the King give out a Proclamation against the resetters, and for apprehending their persons. In this Proclamation, The Jesuits find caution to depart. besides Mr. james Gordon and the said Mr. Edmond Hay, I find named Mr. Gilbert Brown Abbot of Newbottle, Mr. john Drury son natural to George Drury sometimes Abbot of Dunfermling, Mr. Alexander Mackwhirry, Mr. james Cheyn, Mr. Alexander Meldrum, Mr. William Crichton, Mr. james Seaton, and Mr. john Morton; most of these upon their supplications and sureties given to depart in the first ships, obtained a protection unto the last of january: which did so offend the Ministers, A general Assembly of the Church. as they did call a number of Noblemen, Barons, and Commissioners of burgh's, to meet at Edinburgh the sixth of February, for advising upon some remedy against the present dangers. The meeting was frequent, and Mr. Robert Bruce by the suffrages of all chosen to preside. He had preached ordinarily at Edinburgh a year or somewhat more, and was in great respect with all sorts of people, but had not entered as yet unto the ministerial function. Certain assessors chosen according to the custom, A Proposition made for the dangers threatened to Religion. the first thing proposed, was touching the dangers threatened to Religion, and the readiest means for quenching the fire of Papistry kindled through the whole country, which they were all greatly exhorted to take to heart, and to consider what course was best, to obviate these dangers. And to the end things might be done advisedly, the Noblemen were advised to meet apart, the Barons and Commissioners of Burghes likewise apart, to set down their advice in writing, and present the same to the whole Assembly the next Session. The day following all being convened, The advice of the Noblemen and Barons. the advice of the Noblemen and Barons was presented, containing three heads. 1. That the laws of the country should be prosecuted against Jesuits, Seminary Priests, Idolaters, and the maintainers thereof. And for the more speedy effectuating of the same, that the names of all such should be enroled, and delivered to the Thesaurer, with the names of their resetters, and entertainers, to the end citations might be directed against them. 2. That in regard of the danger so imminent, his Majesty and Council should be earnesty solicited to proceed in execution of the laws against the principal Jesuits, and their maintainers without delay. 3. That the Noblemen, Barons, Ministers, and whole Assembly should go together to his Majesty, and regrate the peril whereunto the Church and Kingdom was brought by the practices of Jesuits, making offer of their lives, lands, and friendship to be employed at his Majesty's direction for preventing their wicked devices. This advice being approved, The King refuseth access to the multitude. command was given to meet at two of the clock in the afternoon, that all might go together from the place of the Assembly to the Palace of Halirudhouse, where the King then remained. When this was told to the King, and that they were to present themselves in such numbers, he grew into choler, and said, They meant to boast him with their power, and force the execution of their demands. Therefore refusing access to the multitude, some few of the principals only were called, to whom he uttered his dislike of those irreverent and tumultuary forms. Yet because he did acknowledge their complaint to be just, and that there was need of a remedy to the evils complained of, he promised to appoint six of the Council to meet with such as the Assembly should design, for advising upon the best remedies. This reported to the Assembly, A conference betwixt certain of the Council and the Assembly. they did nominate the Lords of Wedderburn, Colluthie, Caprinton, Ormston, and Whittingham, john johnston Commissioner for Edinburgh, Oliver Peblis for Perth, and William Menzeis for Aberdene: Mr. Robert Pont, David Lindesay, Andrew Melvil, and Peter Blackburn to attend. These convening the next day, with the Chancellor and some others of the Council, did urge in name of the Church, That Mr. James Gordon, and Mr. William Crichton jesuits, who were known to be in Town, should be apprehended; and that the resetters of jesuits and Priests, none excepted, whether they were Noblemen, or others of an inferior degree, should be punished according to the laws. For the Noblemen, the Chancellor answered, that the King did mean to use them more calmly, and as he had begun with the Earl of Huntley (of whose conversion there were good hopes) so he would proceed with others of that degree. For the two jesuits, it was promised, that order should be taken for their dispatch forth of the country. The Assembly no ways pleased with the report of this conference, The grievances of the Church, presented to the King. resolved to present their griefs to his Majesty in writing, and insist for a more direct answer to their desires, as they did, exhibiting therewith the names of Jesuits, Priests, and their resetters, such as had been delated to the Assembly. Among others they complained of the Lord Hereis, and the disorders committed by him at Dumfreis, where he had openly erected Mass, and forced the Ministers to leave the Town. The King having considered the griefs, made answer, That albeit they had no warrant from him to assemble at that time, yet (as he had signified before to the Noblemen that were sent unto him) he was glad to hear that they were convened in so frequent a number, the business being of such importance, and that he should do what became him as a King to do, neither should any of those that he found unreclameable, have credit or countenance of him. For the Lord Hereis, he said, that he was more offended with him, than any of themselves, and had resolved to take journey in the beginning of March unto Dumfreis, for punishing that and all other insolences committed by him. This answer reported by the Chancellor, The Minister james Gibson censured for his speeches against the King. gave some content, thereafter as he was directed, he showed the Assembly that the King did expect a reparation of the offence committed by the Minister james Gibson, for he had obtained his liberty, upon promise that he should give satisfaction at the Church's sight. Hereupon the Minister was called, who acknowledged his offence, and was enjoined the next Sermon day to preach, and publicly acknowledge the speeches complained of, to have been unadvised and rashly uttered. This he promised to do, yet when he came to the place, he made no mention at all of that business; and being immediately charged for not doing that he had promised, he answered, That out of infirmity and weakness he had confessed a fault, albeit his conscience did tell him, he had not spoken any thing that might give just offence. The Chancellor perceiving the man's inconstancy, and that he had been diverted by some ill disposed persons, required the judgement of the Assembly, Whether or not they did esteem it an offence, to call the King a persecutor of the Church, and to affirm in pulpit, that he should be the last of that race. The question was a while declined, An. 1588. yet in end being put to voices, it was found, that the speeches were slanderous and offensive, and that he ought therefore to be censured. It being then 12. of the clock, the defining of the censure was continued to the afternoon, and the Minister warned to attend. The hour come, and he not appearing, the business was greater than before; some alleging that citation must be used, ere any censure was inflicted, others excused his absence upon just fear, being pursued by so great personages. Hereto it was replied, That there was no fear of any indirect or violent course to be taken; the King, who by his own authority might have punished him, having for the regard he carried to the Church, choosed to complain to the Assembly, and remit the offender to be censured by themselves. Next for the citation required, it was answered, That the warning given him in the face of the Assembly was sufficient, Gibson suspended from his ministry. and that by his not appearing, he had added contumay to his offence. These answers being held sufficient, and the voices asked touching his censure; by the greater number he was ordained to be suspended from the ministry, during the pleasure of the Assembly. Yet this did not end the business; for in August thereafter, another Assembly being convened, the Minister appearing declared, That the reason why he withdrew himself in the former Assembly, was not any contempt or stubbornness on his part, but the care he had of the Church's peace, the affairs whereof, as he was informed, had been cast off if he had compeired, and not been punished. Upon this Declaration, without once acquainting the King, he was purged of contumacy, and thereby a way made to his reponing. The King, as he had reason, being greatly offended with these proceedings, and intending to right himself otherwise, the Minister fled to England, and remained there a long space, entertained by the factious brethren in those parts, who were labouring at that time to bring in the holy discipline, as they termed it, into that Church. The Lord Hereis in the mean time being certified of the King's intended expedition into the West Marches, The Lord Hereis cleared of the accusation made against him. prevented him and came to Court, offering himself to trial; nothing being found but certain neglects in the administration of his office (for the complaint of erecting Mass at Dumfreis, and compelling the Minister to leave the Town, was not verified.) Upon promise to amend, and surety given that he should resort to Sermons, and suffer nothing to be done within his Wardenry to the prejudice of Religion, he was sent back to his charge. Soon after the Lord Maxwel, who had been licenced to go abroad, and had remained some months in Spain; having seen the preparation made for invading of England, by the advice of some Scottish Catholics, returned into the country (notwithstanding the assurance he had given not to return without licence) taking land at Kirkudbright (a part of Galloway) about the end of April. The Borders begin to stir upon the Lord Maxwels return. It was then expected that the Navy should take their course to the West parts of Scotland where they might land more safely, and with the assistance of Maxwel and others that would join with them, enter into England by the Borders; which if they had done, would doubtless have been more to their advantage, but they took their counsels, as we shall hear. Upon Maxwels return number of broken men, The King's expedition to Dumfreis. and country people resorted unto him, conjecturing there was somewhat in hand which would give them work. The Lord Hereis not able to command them, and fearing if any disorder arose, the same should be imputed to him, came and showed the King what appearance there was of trouble. Charges were incontinent directed for Maxwels appearing before the Council, but he disobeyed, and fortifying his houses, and other strengths that he had in custody, began to levy some companies of foot and horse: which being told to the King, he with such forces as he could have of a sudden, took journey to Dumfries, and came upon him so unexpected, as he had almost surprised him in his house at Dumfries. But upon warning given him, an hour before the Kings coming he escaped and went to Galloway. Some little resistance was made at the Port, which gave him leisure to escape, and was excused by the Towns ignorance of the King his being there in person. The next narrow which was the 28 of May, the houses of Lochmaben, Langholm, Treve, and Carlaverok, were summoned to render; all which obeyed, the Castle of Lochmaben excepted. This was kept by one Mr. David Maxwell, who trusting foolishly to the strength, Lochmaben rendered, and the Keeper executed. refused to yield, though the King himself going thither, did call him by name (for he knew the man) commanding him to render. Upon his disobedience the house was enclosed; and because there was no munition at hand whereby to batter it, a Post was directed to borrow some Ordinance from the English Warden, which was quickly conveyed thither, and a company of soldiers sent to guard the same. These began no sooner to play, than the Keepers terrified with the noise, craved a parley. Sir William Stewart brother to Captain james, being employed to confer with them they yielded, upon promise as was said, that their lives should be spared. But the Captain, because he had refused the King himself at first, was hanged, the rest were pardoned, and suffered to depart. The King returning the same night to Dumfreis, The Lord Maxwel taken prisoner at sea by Sir William Stewart, and brought prisoner to Edinburgh. directed Sir William Stewart to try what course Maxwell had taken, and to do as he found occasion: having learned that he had taken sea in a small Bark, he followed in a ship rigged forth by the town of Air, and overtaking him some miles off, brought him back and delivered him prisoner to the King, who was then returned to Edinburgh. It was no small piece of service, and by all men so esteemed. But the countenance the King gave him, Sir William Stewart killed by Bothwel Penult. julii. made the man so swell, as falling in a contest for I know not what matter, with the Earl of Bothwel, he used some uncivil speeches to the Nobleman, who meeting him a few days after in the high street of Edinburgh, did in a sudden conflict kill him outright. The news of the Spanish Navy being then divulged, A meeting of the Estates upon the rumour of the Spanish Navy beginning of August. and the King advertised of their setting forth; he called the Estates to a meeting at Edinburgh, and imparting to them the advertisements he had received, did ask their advice how he should carry himself in that business. For howbeit, said he, I have no great occasion for myself to fear, being under league and friendship with all Christian Princes and Estates, yet the case of England ere it be long may turn to be our own, His Majesty's speech to the Estates. and we forced to share with them in their troubles. The intention of Spain, I know, is against England; and considering the right I have to that Crown after the Queen's death that now reigns, I see not how it shall be safe for me, to let another possess himself of that Kingdom; nor will any man make me to think, that the King of Spain, if he shall chance to prevail, will part with it, and give place to my right, having once made conquest thereof. As now whilst the event is doubtful, they speak fair and make liberal promises; but if matters succeed to their minds, we shall hear other words. They take Religion for a pretext of their invasion, but it is the kingdom they seek: and granting that Religion were the true cause, are not we ourselves in the same case with England? The prosecution of the holy league, will strike no less upon us, then them. But for myself, I have ever thought mine own safety, and the safety of Religion to be so conjoined, as they cannot well be separated; neither desire I to live, to reign any longer than I may serve to maintain the same. I am not ignorant what the opinion of many is, and that they think I have now a fair occasion to revenge the wrong and unkindness I received by the death of my mother. But whatsoever I think of the excuses which the Queen hath made to me, I will not be so foolish, as to take the help of one that is mightier than myself; nor will I give such liberty to mine own passions, as therefore to neglect Religion, and cast in hazard both this Kingdom, and those others that belong to me after her death. By this you see what my mind is, and the reasons that lead me to it. I I have called you that I may have your counsel and assistance at this time, and therefore desire to hear of you, what is the best both for you and me to do. This speech was seconded by the Chancellor, The Chancellor his speech seconding the King. who did out of his reading adduce divers Histories, to make good what the King had said, That it was no way expedient to side with Spain in that invasion, or suffer him to possess himself of England: yet since the Queen had not required any aid from him, his opinion was, that he should strive to assure his own Kingdom, and not to permit them to take land in his bounds; That a general muster should be taken in the whole Realm, and some Noblemen named, unto whom upon occasion, the subjects might resort, watches appointed at all the Seaports, and Beacons erected in the highest places, for advertising the country if any fleet was seen at Sea, and that the King and Council should stay at Edinburgh to attend the success of things, and direct the subjects accordingly. His opinion was applauded of all, Bothwell excepted, Bothwel persuadeth the invasion of England. who was earnest to have the occasion embraced of invading England, and therein was so forward, that upon his own charges he had levied soldiers to serve under him, if the resolution which he expected should have been taken. But the King willing him to look unto the Sea, (for he was Admiral by his office) and to take care that the ships within the country were ready for service, he acquiesced. A little after the Convention dissolved, Colonel Semple his arrive at Leth. Colonel Semple, who had betrayed the town of Lyre to the Spaniard some six years before, and remained for the most part with the Prince of Parma in Flanders, arrived at Leth, pretending a Commission from that Prince to the King. But the matters he proponed were of so small importance, as the King apprehending the Commission to have been given him rather for a colour of his practices, with some ill disposed subjects, then for the business pretended; commanded Sir john Carmichael Captain of the Guard, to have an eye upon him unto his return, (for he was then going to Falkland) and if he perceived any letters brought unto him in the mean time, to take and present them to the Council, Carmichael getting notice that a Pinnace was arrived in the Firth, and a passenger landed, went strait to the Colonel's lodging in Leth, and finding him unsealing the letters, The Colonel apprehended, and relieved by the Earl of Huntley. showed what he had in charge, and what it concerned him to present the same to the Lords. The Colonel offering to go himself to the Council, the Earl of Huntley who did then reside in a lodging near the Palace of Halirudhouse, with his young Lady whom he had married a few days before, * 21. july. upon notice of his apprehension did meet Carmichael in the way, and forced him to quit his prisoner, saying, that he would enter him to the Council. Advertisement going of this to the Chancellor, who was then at the Evening service in S. Giles (for it was a time of public humiliation) he came forth, and being followed by a great number of people, made towards Huntley, and had certainly taken back the Colonel, if the King who was then come from Falkland, had not happened to encounter him as he went down the street, with whom he returned to the lodging within the City, where at that time, and most of the Winter, the King did keep his residence. There the Chancellor declared what had fallen out, Huntley offers to present the Colonel to the Council. and whither he was going, entreating his Majesty to take some order with the insolency committed. Huntley being called, after some frivolous excuse, did promise to present the Colonel the next morning, but he escaping the same night, was not any more seen. The King did highly offend at his escape, yet was loath to use the Nobleman with rigour, having matched him so lately to his Cousin; only he discharged him to come in his presence, neither was he admitted unto it till the news were brought of the dissipation of the Navy; and then as in a time of public joy, that fault was overseen and pardoned. The Queen of England in the mean time hearing what course the King had taken, Sir Robert Sidney sent from England to the King, 29. August. how he had committed Maxwel to prison, and was preparing to resist the Spaniard; sent Sir Robert Sidney to give him thanks for his good affection, and to make offer of her assistance, if the Spaniard should make offer to land in Scotland. The King received him graciously, and as he was discoursing of the ambition of Spain, and his purpose to take in England, said, that the King needed not to expect any greater kindness at his hand, if he prevailed. The King merrily answered, That he looked for no other benefit of the Spaniard in that case, then that which Polyphemus promised to Ulysses; namely, to devour him after all his fellows were devoured. Neither did Sidney sooner return, than a fresh advertisement was sent from the Queen of their overthrow. Of this Navy and the destruction that befell it, The History of the Spanish Navy. many have written so particularly, as nothing can be added. Yet because the benefit redounded to this Church and Kingdom, no less than others; and that the spoils of that wreck fell for some part in our Northern Isles, we shall touch it a little. The Navy consisted of 134. sail, a great part whereof were Galleasses, and rather like Castles pitched in the Seas, than ships. The vessels carried 8000. sailors, 22000. soldiers and above, besides the Commanders, and voluntary adventurers, who were reckoned 124. and for provision they had abundance of whatsoever was necessary, either at sea or at land. Their direction was to join with the Prince of Parma, and his forces, who were appointed to meet them in the narrow Seas, and to invade England together. But whether the Prince had not time sufficient to prepare himself, or that he was kept in by the Holland Fleet, he came not as was expected. At Plymouth the English had the first sight of the Navy, and kept combat with them till they anchored in the road of Callais. Before they came thither, they lost the Gallion wherein Don Pedro de Valdez, and divers other Noblemen were, which was taken in fight and sent to Plymouth. And the Gallion commanded by Don Michael de Oquendo, took fire, and therein many were burnt to death, yet the nether part of the ship, being saved, was likewise sent thither. The Galliasse of Naples commanded by Don Hugo de Moncada perished in the sands of Callais; where whilst they lay at Anchor, Captain Drake by a stratagem put them in great confusion; Captain Drakes stratagem. for choosing out eight small ships that were least useful, he filled them with pitch, brimstone, gunpowder, and the like combustible matter, and charged the Ordinance with bullets, stones, broken iron, and chains. The ships driven with the wind and tide into the midst of the Navy, and the trains taking fire, put the Spanish in such fear, (the same falling out in the night season) as having no leisure to weigh their Anchors, they were forced to cut their Cables, and make to the Sea. The next morning ranging themselves again in order, they approached to Gravelling; but no supply coming from Parma, and the English ships hotly pursuing them, they were compelled to passeby. In this conflict perished the Gallion of Biskay, and two other great ships. Two Galleons of Portugal, the one called S. Philip, the other S. Matthew having lost their tackling, and being torn with shot, made towards the coast of Flanders, and were taken by the Zelanders. Once as it seemed, the General with the rest of the Navy, bend their course towards Scotland, but not knowing what favour they should find there, and the wind blowing fair, they resolved to make home by the North Isles. The General himself with the best provided vessels, The Navy returneth to Spain. took the main Ocean towards Biscay; and arrived safely in Spain. The rest seeking to take in fresh water, partly in the Isles, and partly in Ireland, were so tossed with tempests and contrary winds, that 40. and above were cast away in those Seas. A ship of Florence driven upon the West coast of Scotland, was spoiled and set on fire by certain Highlanders. Shortly, the destruction was so great, as of the 134. Ships, that set fail from Lisbon, 53. only returned to Spain; of the soldiers, besides the mariners, 13500. were lost by one way or other. And as they write, not a family in Spain of any note there was, which suffered not in this expedition, having lost either a son or a brother, or some nigh kinsman. Such was the success of the Spanish Navy, which had been four years in preparing with no small cost, and in a few days was thus overthrown; one English ship only being lost, and about 100 men in all. The King caused solemn thanksgiving for this deliverance to be given to God in all Churches of the Kingdom, beginning in his own Court for an ensample to others. This was the marvellous year, The death of Archibald Earl of Angus. talked of so long before by the Astrologues, which this defeat, and the accidents that fell forth in France about the end of the same year, did in a part make good. In this kingdom (which we ought ever to remember with thankfulness to Almighty God) happened no dysaster, for which we had cause to be grieved, the death of Archibald Earl of Angus excepted, who deceased in the month of july: a Nobleman as in place and rank, so in worth and virtue above other subjects; of a comely personage, affable and full of grace, a lover of Justice, peaceable, sober, and given to all goodness, and which crowned all his virtues, truly pious. A long time he lived in exile in England, not through his own fault, but the misfortune of his friends, whom he could not forsake. After he was restored to the King's favour, no man did carry himself in better sort, and in that time which was full of factions, he kept himself free of all partake; being employed in the Lieftenandry of the Borders, he discharged himself to his Majesty's great content, and to the liking of all the subjects; and not long after, fell into that disease, whereof he died, leaving no heir male, and one only daughter by his second marriage, who did not long survive him. An. 1589. Never died any Nobleman with greater regrate, and so much the more was his death lamented, that as it was then thought, and afterwards confessed, that he was taken away by sorcery and incantation. In the time of his sickness, His disposition in his sickness. when the Physicians found his disease not to proceed of any natural cause, one Richard Graham, who was executed some years after for witchcraft, being brought to give his opinion of it, made offer to cure him, saying, as the manner of these Wizards is, that he had received wrong. But when he heard that the man was suspected to use unlawful arts, he would by no means admit him, saying, That his life was not so dear unto him, as for the continuance of it some years he would be beholden to any of the Devils instruments; That he held his life of God, and was willing to render the same at his good pleasure, knowing he should change it for a better. Thus after a long and languishing disease, he died in Smeton near to Dalkeith, and was buried in Abernethy, in the sepulchre of his progenitors. The houses of Angus, and Morton, which within his person were conjoined, went by provision of Tail to the Lairds of Glenbervy and Lochlevin. The hopes that our Catholics conceived of the Spanish Navy being now frustrated, A message from the Prince of Parma to the Catholic Lords. they had lost heart quite, but that the Prince of Parma did of new encourage them by his letters, showing that the loss was nothing so great as it was given out to be, and giving them hopes of another Army that set out more timely, and to be with them the next spring. These letters were sent by one Mr. Robert Bruce, and delivered to Huntley, to be communicated with the rest of that faction. Shortly after came one john Chesholme, bringing with him ten thousand Crowns, which were delivered to Bruce, to be used as he thought most fit, for advancing the cause. The Earl of Huntley made instance to have the third part of the sum; Lord Claud Hamilton pleaded for as much, and Maxwel lying then in prison, held no less to be due to him. But Bruce excused himself by the charge he had to dispone the money by the advice of David Graham of Fintrey, who was warded at the same time in Dundey, and paid them all with one answer. The Lord Claud more covetous than the rest, because he could not come by any part of the money, Huntley reconciled to the Church. grew more cold in the business. Maxwel had some sent him, for his consolation in the prison: But Huntley, having at the Kings desire subscrived the confession of faith, and reconciled himself to the Church, was wholly neglected. This he excused afterwards by a letter to the Prince of Parma, professing, That after the escape of Colonel Semple, he found himself so busied on all hands, and in such sort pressed by the King, as it behoved him either to yield, or depart out of the country, Huntley excuseth his reconcilement by a letter. or then to have taken the fields: which well he could not do, all hope of help being taken from him by the return of the Navy of Spain, but in what he had failed he should endeavour to amend, by some good service tending to the advancement of the cause of God, who had put him, he said, in such credit with the King, as he had broken his former guards, and made him establish others about his person, by whom at all occasions he might assure himself, and be Master of the King, and so when the support promised should arrive, spoil the heretics of his authority, and make sure the Catholics enterprises. Therefore besought him to be persuaded of his unchangeable affection, albeit in outward action he was forced to accommodate himself to the necessity of the time. This letter was dated at Edinburgh the 24. of january 1589. Another of the same date was sent by the Earl of Arrol (whom Mr. Edmond Hay the Jesuit had seduced and brought on that course) to Parma, A letter from the Earl of Arroll to the Prince of Parma. bearing, That since his conversion to the Catholic faith he did ever think himself obliged to procure the advancement of the Catholic Kings enterprises, tending principally to that end, and to another civil cause, which had great affinity and conjunction with things at home, in regard whereof he said, that ever before his conversion, he had been in his affection one of his friends, and servitors; and that Religion, which was the greatest, and most important cause of the world, being now joined to the other, he was become altogether his. This he did entreat his Highness to signify to his Catholic Majesty, and to assure him that in Scotland he had not a more affectionate servant than himself. The like he did profess to the Prince, remitting his intentions to be more fully declared by him, that should deliver the letters. There went other Letters at the same time from the Earls of Huntley, Letters sent to the King of Spain from the Catholic Lords. Crawford, and Morton (so did the Lord Maxwel style himself) to the King of Spain, wherein after they had expressed their great regrate for the disappointment of his preparations, they said, That if his Naval Army had visited them, the same should have found no resistance in Scotland, and with the support they would have made given enough to do to England, but that it seemed the English Catholics who had their refuge in Spain, out of an unchristian enmity did extenuate the means of the Scottish aid, to magnify their own, and to have it thought that they were able to do all by themselves; Therefore they prayed his Majesty to make such account of the one, as he neglected not the other, and to serve himself with them both, to the ends he did aim at. Then remitting to the Declaration of some of his own subjects who had been in those parts, the commodity and advantage of landing an Army in Scotland; they said, That having 6000. men of his own country, with money to levy as many more, they might within six hours of their arrival be well advanced in England to assist the forces that he should send thither, and that the expense bestowed upon ane Galliass, would profit more being so employed, than many of them put to Sea could do. Withal, they advised him not to make any more Armies by Sea, but to send a part of his forces to Scotland, and another by the back of Ireland toward England, and so divide the English forces, which should be partly attending at Sea, partly employed in Scotland, where they should believe all their forces to be landed. A further Declaration hereof they remitted to Colonel Semple, and so praying God to give him a full accomplishment of all his holy enterprises, they took their leave. Neither were the Jesuits that lurked in the country in this mean time idle; The Jesuits stir up the Lords to enterprise somewhat by themselves. of these the principals were, Mr. Edmond Hay, and Mr. William Creichton, who had been prisoners some few months in the Tower of London. They advising the Popish Lords to attempt somewhat by themselvus, which would make the King of Spain more earnest to give succourse; a plot was laid to take the King out of the Chancellor and Thesaurers' hand, by whose counsel they thought he was only ruled, and that the pretence should be the neglect of the Nobility, and the ill managing of public affairs. A plot for taking the King. This way they hoped to procure the assistance of other Noblemen that were discontented, and that no mention being made of Religion, the country would be more cold in resisting their enterprise. The time and place of meeting being condescended on, Fintrie undertook to bring the Earl of Montrosse to the party, and of Bothwell they held themselves assured, as well for the malice he professed to the Queen of England, as because in a conference with Bruce the Spanish Agent, he had promised if he should assure him of the two Abbeys of Coldingham and Kelso, which he possessed, he should presently turn to their side. To bring about this their purpose, A practice against the Chancellor. the device was, that they should meet all at the quarrel holes betwixt Leth and Edinburgh, and go from thence to Halirudhouse, and settle themselves about the King, secluding those two Counsellors, or if they found them with the King, that they should presently kill them. But this device was overthrown by the Kings remaining in Edinburgh, who suspecting some plots against the Chancellor, did for his security stay in the same lodging with him. Bothwel abode at that time in his house at Creichton, and kept about him the soldiers that he had conduced, pretending a journey to the Isles, and the collecting of the King's duties in those parts. Crawford and Arrol came with their friendship to the North Ferry. Montross saigned a visit of his Cousin Mr. john Graham at Halyards, some six miles from Edinburgh, and upon advertisement that the King did keep lodging within the Town, advanced no further. But Huntley who resided then with his Lady at Dunfermlin, presuming much of the King's affection, held on his way, and in the evening on which they had appointed to meet, Huntley cometh to the King. came unexpected to the King's lodging, where he found him in conference with the Chancellor. The King seeing him brack of his purpose, asked whence he came, and how he fell to be so late, and from that falling into another discourse, the Chancellor stepped aside to the window. Huntley had brought with him the Laird of Kinfawns, brother to the Earl of Crawford, and some of Arrols men, that were esteemed of best courage and action. These filling the presence, and looking as men that had some purpose in hand; the Chancellor's friends began to suspect the worst, whereupon the Laird of Ormeston, Carmichael, and the Provost of Linclowden drew nigh and stood by him, after the King had talked a while with the Earl, he retired to his Cabinet, and staying somewhat longer than was expected, the Chancellor ask the Usher if it was time of supper, & he answering, that it was more than time; then said he, Let us go: and with those three that kept fast by him, passed forth of the Chamber, and through the company that stood in the presence (all of them making way) to his own lodgings, which were just above the King's rooms. How soon he came there, he sent one to show the King, how unseemly it was to fill the presence with such companies, and men armed as they were, saying, that he would not have permitted the same, if he had been alone in the lodging, nor have cast himself in such danger. Presently the rooms were ushed, Huntley committed in the Castle of Edinburgh. and the Earl with his company went forth. The next morning the King sent for him, and at his coming began to examine wherefore he came to Town, and why in that manner: his answers not satisfying, he was committed in the Castle. By advertisement given the same day of the companies that were with Crawford and Arroll at the North Ferry, and there dissolving, the whole purpose was discovered, whereupon the Earls of Arroll and Bothwel were cited to appear before the Council, and for their disobedience denounced Rebels. Montrosse and Crawford were not called, having excused themselves as it was said, and promised to meddle no more in that business. Huntley upon the like promise, after a few days obtained his liberty, Huntley set at liberty. and went into the North. In his going thither, whether of purpose or by accident, it is uncertain; the Earl of Crawford did meet him at Perth, where at first they concluded to fortify the town as a place most convenient for drawing forces together from all quarters; but doubting how they should make good the enterprise, they gave it over, and getting intelligence that the Thesaurer was come to Angus, and had appointed a meeting of some friends at the Church of Megle; they belayed the ways, and gave him the Chase unto the house of Ki●khill, where he was received: being desired to render, upon his refuse, fire was cast to the house, and he forced to yield himself, as he did, to his Cousin the Laird of Achindown who kept him some week's prisoner in the North. The Letters written to the King of Spain, A letter from the Queen of England to the King. and Prince of Parma, whereof we made mention, and some others from Mr. Bruce directed to the same Prince being about this time intercepted, laid open all the practices of these Noblemen; which being reported to the Queen of England, she wrote to the King a sharp letter, wherein complaining of his remissness in punishing these treacheries, & of the entertainment he gave to the Spaniards that had fled into Scotland, after their wrack in the Irish Seas; she besought him not to overslip such happy occasions, as it● had pleased God to offer him by revealing these practices; as likewise to rid the Realm of those strangers, and send them away with speed. Hereupon order was taken for their dispatch, and ships conduced to transport them unto West-Flanders. The Hollanders advertised of their coming, sent forth some ships to intercept them, and meeting them some two miles from the coast of Flanders, took one of the vessels and put to the sword all the Spaniards that were therein, the rest ran their vessels on ground, where a number seeking to save themselves by swimming, were pitifully drowned. A Proclamation was likewise renewed against the Jesuits, The Lords make open insurrection. and their ressetters, and Mr. Edmond Hay, Mr. William Creichton, Mr. Robert Bruce, and David Graham of Fentry, commanded under pain of death to depart the Realm. But they contemning the charges, did stir up the Earls of Huntley, Crawford, and Arrol, to make open insurrection. These three taking Arms, and assembling all the forces they could gather, came to Aberdene in the beginning of April, where they made Proclamations in the King's name, Declaring that he was held captive, & forced against his mind to use his Nobles more rigorously than he desired, requiring all the Liege's to concur and assist them for setting his person at liberty. Their hopes were that Bothwel with his friendship in the South, should make the King such business, as they needed not to fear any sudden pursuit; but the King having caused denounce Bothwel and the chief of his followers Rebels, resolved to begin with them, and leave him to his return. The Subjects warned to accompany the King. So charges being directed to warn all the subjects remaining on the South of Aberdene to accompany the King, and they gathering somewhat slowly, he made forward with those he had in his company toward the middle of April, and having advanced as far as Cowy (a little Village some ten miles off Aberdene) was there advertised that the Earls were 3000. strong, and marching directly towards him. The King nothing dismayed, His Majesty's speech to the Noblemen in his Army. called the Noblemen that were in the Army together, and spoke cheerfully unto them, saying, That they had a great deal of advantage of their enemies, the better cause, and the King on their part. Neither oaths nor subscriptions, said he, can assure these men, and if benefits or good deeds could have made them loyal and obedient, I have not been sparing to them all. Now that I am drawn against my will by their open Rebellion to use force, I do assure myself of your fidelity, and that you will not forsake me. I shall desire you stand no longer than ye see me stand, and howbeit, I do not think they dare set their faces against me, yet I shall pray you to dispose all things in the best order you can. This speech he delivered with such a grace, A question for leading the Vanguard. as thereby the Noblemen, and others that stood by, were greatly encouraged, every one avowing to do their uttermost for his Majesty's honour. But a question falling between the Lord Hamilton and the Earl of Angus for leading the Vanguard, was like to have caused some trouble; Angus claiming the place by the privileges granted to his predecessors; and the Lord Hamilton alleging, that none ought to contend with him in honour, because of his proximity to the Royal blood: but the King interposing his authority, gave the leading of the Vanguard for that time to the Lord Hamilton, reserving the rights and privileges of the house of Angus, whereunto nothing was done at that time should work any prejudice. All that night the King did watch himself, The Lords dissolve their forces. and kept his Army on foot. In the morning early he was advertised that the Rebels were dispersed, and gone back: for Huntley understanding that the King was resolved to put it to a day, declined the fight, because of the danger that might come to the King's person; Crawford for the same reason seemed not very bend: but Arroll insisting to have gone forward, when he saw they would not be moved, parted from them at the bridge of Dee in great wrath. The King goeth to Aberdene. The King came the same day to Aberdene, and calling the Magistrates, did threaten them sharply for receiving the Rebels into their City. They excused themselves by their weakness, and the want of power to resist the great forces: which was admitted, upon promise that they should look better to their town in after times. Whilst the King stayed there, the noblemans and Barons of the country came in and made offer of their service, giving surety not to reset nor intercommune with the Rebels, and to concur with his Majesty's Lieutenant, when they should be required. This done the King returned to Edinburgh, He returneth to Edinburgh about the beninning of May. for he was then about the directing of the Earl of Marshal to Denmark for the accomplishing of his marriage, and bringing home the Queen; there went with him Andrew Lord Dingwell, Sir james Scrymgeour of Dudap, Mr. john Sheen Advocate, and Mr. George Young Archdeacon of S. Andrew's. The Earl Martial goeth to Denmark to accomplish the marriage. 10. june. For defraying the Ambassador's charges, a Subsidy of an hundred thousand pounds was granted by the Council, according to a warrant given them in the Parliament 1587. whereof the subjects made ready payment: so great was their desire to have the King matched, and the royal succession established in his race. The enterprise of the Rebels being in this sort defeated, The Rebels offer to submit themselves. the Thesaurer was put to liberty, and at his coming to Court did solicit the King in favours of the Earl of Huntley and Crawford, who forthinking the attempt they had made, did offer to enter their persons in Ward, and submit themselves to the punishment his Majesty should be pleased to impose. The Chancellor made the like intercession for Bothwell, but for Arroll none did speak. After the King had thought a little of it, he was content they should enter, and present themselves to the Justice; but would give no condition. For this effect the 24. of May was assigned; at the day Mr. Edward Bruce, Mr. William Oliphant, and Mr. james Wardlaw, sitting Judges in the criminal Court by Commission, the three Earls compiered. Of Noblemen and others charged to pass upon their Assize, there were present the Lord Hamilton, the Earls of Angus, Morton, Athol, Marre, and Marshal, the Lords Seaton, Somervill, Dingwell, and Cathcart, the Lairds of Pittarrow, Closburn, Lagg, and the Constable of Dundy. These taking oath as the manner is, Huntley, Crawford, and Bothwel impanelled. the indictment was read, which consisted of seven or eight points, First, they were charged with practising with Jesuits, seminary Priests, and other strangers against Religion, receiving of Spanish gold, The points of their indictment. and hiring soldiers therewith to disturb the quiet of the Realm. 2. That they had entered in bond and confederacy with the Earls of Arroll, Montrosse, and others contrary to the Laws, kept Conventicles, and treasonably surprised the Town of Perth, of purpose to have fortified the same against his Majesty. 3. That they had conspired to take the King prisoner at Halyrudhouse, and kill his servants, and Counselors, especially Sir john Maitland of Thirlstane Chancellor. 4. That they had besieged the house of Kirkhill, put fire to the same, and forced the Master of Glammis Thesaurer to render himself captive. 5. That they had convocated the subjects by open Proclamation, and given out that the King was detained prisoner against his will. 6. That they came with displayed banners to the Bridge of Dee, of mind to invade the King, whom they knew to be upon an expedition to the North parts. 7. That they had taken the King's Herald at Arms in the City of Aberdene, spoilt him of his Coat, and Letters, when he was about to proclaim them. The 8. and last, concerned Bothwell particularly, who besides the rest, was charged to have hired soldiers, as well strangers, as men within the country, entertaining them in Dalkeith, and threatening to invade the town of Leth, at his Majesty's being in the North. Bothwell confessing that he had waged soldiers, The Lords found guilty, and committed to several Wards. and entered in bonds with other Noblemen, did therefore put himself in his Majesty's will, the rest of the points he denied, remitting himself to the trial of his Peers. Crawford confessed that he was in the fields at the taking of Kirkhill, and with the Earl of Huntley in Aberdene, but denied the other points; Huntley come in will for the whole. The Assize removing by themselves, found Bothwell guilty of the enterprise at the quarrel holes, besides that which he confessed. They filled Crawford of surprising the Town of Perth, and coming in Arms to the Bridge of Dee; Huntley by his own confession was found guilty in all. The sentence upon the King's Warrant was suspended, and they committed to divers places: Bothwell in Tantallon, Crawford in Blackness, and Huntley in the Castle of Edinburgh. In june following, An Assembly of the Church at Edinburgh. the Assembly of the Church convened at Edinburgh, where the King giving his presence, after he had spoken a little of his good affection towards the Church; showed that he was come to desire Mr. Patrick Galloway to be appointed one of his Ministers: the Assembly by the mouth of their Moderator, rendering his Majesty humble thanks for the beginnings he had made in suppressing the enemies of Religion, did entreat him to prosecute the business, and made offer of their humble service and assistance to the uttermost of their power. As to that which he desired, they acknowledged that his Majesty might command any Minister wheresoever he served, to attend himself and his Court; and so ordained Mr. Patrick Galloway to leave his charge at Perth, and wait upon the King. It was a good beginning, and this gave no small content to all well disposed men. But things continued not long in that case, for before that meeting took an end, a fresh offence was given. The year preceding, the King having contracted his Cousin the Duke of Lennox his sister to the Earl of Huntley, had caused the Bishop of S. Andrews celebrate the marriage, The Bishop of S. Andrews deprived for the marriage of Huntley. at which the Ministers of Edinburgh taking exception, they complained of the same, in a preceding Assembly, and had obtained a Commission to the Presbytery for calling and censuring the Bishop according to the Acts of the Church. Whether the Bishop would not acknowledge them for Judges, or that he esteemed his Majesty's command a Warrant sufficient for what he had done; whilst as he neglected their proceedings, they pronounce him deprived from all office and function in the Church; and presenting the process in this assembly, the same was found formal, the sentence ratified, and ordained to be published in all the Churches of the Kingdom, only to make the Bishop hateful, and contemptible. He complaineth to the King, who showed himself extremely displeased with their doings; but what course he should take he was doubtful, for every day he was expecting the arrival of his Queen, and loved to have all things quiet, and settled at her coming, especially in the Church; with whom it grieved him not a little to be still in question: but espying no better way, he resolved in end to dissemble his anger towards them, and to take the imprisoned Lords in favour, lest he should make himself too much business. Thereupon he returneth to the North● gives Arroll a pardon, putteth Crawford to liberty, The course taken with the imprisoned Lords. and fully remits him; Huntley and Bothwell he freeth from imprisonment, but to hold them in awe, he defers the Declaration of his will concerning them. The Lord Maxwel, upon his bond not to practise against Religion, under the pain of an hundred thousand pounds, is likewise dimitted. And in this case stood things when advertisement came that the marriage was accomplished, Advertisement to the King of the marriage with the Queen. and the Queen ready to take Sea. All diligence was thereupon used to prepare for her reception, and nothing left undone that was required for so great a solemnity. But a second and unlooked for message cometh shortly after, showing that the Navy appointed for her conduct was driven by a tempest into Norway, and that it was thought she should stay in those parts unto the spring. The King taking this impatiently, The King intendeth a journey to Norway. concludeth with himself to go thither in person; and because he knew many impediments would be made, if his purpose were known, he giveth out that he would send the Chancellor and Justice Clerk to transport her in Scottish Vessels, if the Danes would not adventure theirs in that season. How soon the ships were prepared for their journey, no man expecting any such matter, he taketh Sea himself, * 22. October. leaving direction to the Council for the government of affairs during his absence, with the following Declaration written all with his own hand, but not seen to any till he was gone. In respect I know that the motion of my voyage will be at this time diversely scanned, He leaveth a Declaration under his hand. and misinterpreting may be made as well to my dishononr, as to the blame of innocents'; I have thought fit to leave this Declaration, for resolving all good subjects, first of the causes that moved me to undertake this voyage, then in the fashion in which I resolved to make the same. As to the causes, I have been generally blamed by all men for deferring my marriage so long, being alone, without Father, Mother, Brother or Sister; and yet a King not only of this Realm, but heir apparent of another. This my nakedness made me weak, and mine enemies strong; for one man is no man as they speak, and where there is no hope of succession, it breeds contempt, and disdain; yea the delay I have used hath begot in many a suspicion of impotency in me, as if I were a barren stock; These and other reasons moved me to hasten my marriage, from which I could yet have longer abstained, if the weal of my country could have permitted. I am not known to be rash in my weightiest affairs, neither am I so carried with passion as not to give place to reason; but the treaty being perfected, and the Queen on her journey, when I was advertised of her stay by contrary winds, and that it was not like she should perfect her voyage this year, I resolved to make it on my part possible, which was impossible on hers. The place where I first took this resolution was in Craigmillar, none of my Council being present; and as I took it by myself, so I bethought me of a way to follow the same. And first I advised to employ the Earl of Bothwel in the voyage, in regard he is Admiral; but his preparations took so long a time, that I was forced to call the Council, and send for the Chancellor and justice Clerk, who were then in Lawder. When as they met, they found so many difficulties in sending forth a number of ships for the Queens convey (for so I gave it out) and who should be the Ambassadors, that I was compelled to avouch, if none should be found to go, I should go myself alone in a ship: adding that if men had been as willing as became them, I would not have needed to have been in these straits: This the Chancellor taking to touch him (for he knew he had been slandered all that time for impeding my marriage) partly out of zeal to my service, and partly fearing that I should make good my word, if no better way could be found, made offer to go himself in that service. This I embraced, keeping my intention from all men, because I thought it enough for me to put my foot in a ship when all things were ready, and from the Chancellor himself, (from whom I never kept any of my weightiest businesses) for two reasons. First, because if I had made him of my Council in that purpose, he had been blamed, for putting the same in my head, (which had not been his duty) for it becomes no subject to give his Prince advice in such matters; withal considering, what hatred and envy he sustained injustly for leading me by the nose as it were to all his appetites, as though I were an unreasonable creature, or a child that could do nothing of myself, I thought pity to heap more unjust slanders on his head. The other reason was, that I perceived it was for staying my journey, that he made offer to go; so was I assured if he had known my purpose, he would either have stayed himself at home, or thinking it too heavy a burden for him to undertake my convoy, he would have lingered so long, as there should not have been a possibility for making the voyage. This I thought meet to declare, (and upon my honour it is the truth) lest I should be esteemed an imprudent Ass, that can do nothing of myself, and to save the innocency of that man from unjust reproaches. For my part, besides that which I have said, the shortness of the way, the surety of the passage, being clear of all sands, forelands, and such other perils; safe harbours in these parts, and no foreign fleets resorting in these Seas; it is my pleasure that no man grudge at this my proceeding, but that all conform themselves to the directions I have given to be followed unto my return, which shall be within 20. days, wind and weather serving; and if any shall contravene these, I will take it as a sufficient proof, that he bears me no good will in his heart; as to the contrary I will respect all that reverence my Commandments, in the best sort I may. Farewell. This Declaration written and signed with his Majesties own hand, Directions to the Council. was the next day after he was shipped, presented to the Council by Alexander Hay Clerk of Register, together with the directions mentioned in the end thereof, which were thus conceived. Seeing it hath pleased Almighty God to bring us to man's age, and that nothing hath been more earnestly wished by all our good subjects, then to see us honourably matched, so that the Crown might descend to our own succession after so many worthy progenitors; me to satisfy their desires, having resolved upon a personage, that for blood and other commodities of alliance, could not be thought but most worthy; did enter into contract with Frederick King of Denmark lately deceased, and by advice of our Council directed our Ambassador to solemnize the marriage, and conduct her unto this Realm: But having intelligence, that by contrarious winds she and her company was driven to Norway, and that it being remitted to her choice, whether she would return unto Denmark, or make stay there until the opening of the spring, she had embraced the last condition, as the best and most liking to her desire: Albeit hitherto we have not behaved ourselves dissolutely, but patiently attended the good occasion that God should offer; yet now taking to heart her pains and danger, with the difficulties that have occurred in her transport, we could find no contentment, till that we enterprised to make a voyage towards her, and bring her home, which we are in good hope to do, within the space of 20. day's wind and weather serving. Yet fearing the time of my stay may be longer at God's good pleasure, lest any looseness during our absence should fall into the government, we have of our own motion, and not counselled by any, left a Declaration with the Clerk of Register, and willed no man to grudge at our absence, seeing in former times the Kingdom hath wanted a Governor longer, than we trust in God, it shall want us; as namely from the death of our Grandmother the Queen Regent, unto the arrival of our dearest mother form France, the space of 14. months, during which time, for the reverence and love carried unto her, albeit a woman and minor in years, no violence was committed by any person, and greater peace and quietness observed then was before, or since that time known to have been kept. And notwithstanding our expectation is nothing less, of the good behaviour of our subjects in this our absence, we have taken order for the better government of the public affairs, that our privy Council should reside at Edinburgh, and ordained the Duke of Lennox our Nephew to be Precedent thereof, and to be assisted by our Cousin Francis Earl of Bothwel, whom we appoint to attend him, with the other officers of State, namely the Thesaurer, controller, Master of requests, Privy Seal, the Captain of the Castle of Edinburgh, Advocate and Clerk of Register, who shall ever be present, five of them at least with our said Nephew. We have likewise given order, that some Noblemen in their courses shall attend at Edinburgh the space of 15. days; the Earls of Angus and Athol, with the Lords Fleming, and Innermeth to begin; and the next course to be kept by the Earls of Marre and Morton, with the Lords Seaton, and Yester. The Barons of Lothian, Fife, Sriveling-shire, and Strathern, we appoint to attend as they shall be warned, and directed by the Council. For the South parts, we have made the Lord Hamilton our Lieutenant, that is, within the three Wardenries and Sheriffdom of Lanrick, and to be assisted, when need is, by the Lords Boyd Hereis, Maxwell, Home, Cesford, and other chief Barons within the Marches; his residence to be at Dumfreis, or Jedburgh, and his charges to be furnished out of the readiest of the Taxation by Mr. John colvil Collector thereof. And that peace and quietness may be the better observed, we discharge all Conventions for any cause whatsoever unto our return. Finally, we require the Ministers, and Preachers of the Word, to exhort the people to peace and obedience, and commend us and our journey in their prayers to the protection of Almighty God. As this is our desire, so we expect that all our good subjects, will follow the same, especially they who have tried our favour of late, and that they will persist in the loyalty promised by them: certifying those that do in the contrary, that they shall incur our high displeasure, and be punished with all rigour; as on the other part, we shall remember the peaceable and obedient thankfully, when occasion presents. By another Missive presented at the same time to the Council, the Earl Bothwel was declared second to the Duke of Lennox, Sir Robert Melvil Vicechancellor, Alexander Hay Secretary for the Scottish language, and Mr. james Elphinston for the Latin and French. The King having thus provided for the public affairs, took with him in company Sir. john Maitland Chancellor, Sir Lewis Ballenden, Justice Clerk, Mr. Robert Douglas, Provost of Linclowden, the Gentlemen of his Chamber, and other ordinary officers of the house. He took also with him Mr. David Lindesay Minister at Leth, leaving Mr. Patrick Galloway his ordinary Preacher to attend the Council; and having a prosperous wind, arrived safely in a Sound or Haven of Norway (not far from Upslo where the Queen remained) the fourth or fifth day after his embarking. The Sunday following he solemnised the Marriage in his own person, The marriage solemnised at upslo. Mr. David Lindesay performing the ceremony in the French language. After which, consultation being taken for his return unto Scotland, because it was held dangerous to go to Sea in that season, and that the Counsellors of Denmark did oppose the journey, advising him rather to visit the Queen's mother, and her son Christiern elected King of Denmark, he was easily induced to follow their advice, and send back the Scottish ships with Mr. james, Sir Krymgeour, and Mr. john Skein. Whilst the King lay at Upslo, The Earl of Marshal's proceedings ratified. the Earl Martial in Council made report of his proceedings in the Ambassage, and how according to the contract past, and interchangeably sealed and signed, the Marriage was completed, and a form of Attestation taken touching the Isles of Orkney, bearing, that the King and Regent's of Denmark should supersede all claim of right to the said Isles unto the King's perfect age, reserving to each Kingdom their own Right, which by that treaty should not be prejudged; as the Copy thereof subscrived by the four Governors, presently exhibited did show; together with the attestation, he produced the form of an oath given by him and his associates, for his Majesty's performing of all things promised on his part, concerning the Marriage; and was in all and every one of these, found to have done good service, and have carried himself honourably according to his Commission. Soon after this came certain Ambassadors from Denmark to invite the King thither, The King's journey from Norway to Denmark. who parting from Upslo with his Queen the 22. of December, came to Bahouse, (a Castle standing in the Borders of Norway and Sweden) the first of january. There he remained seven days, attending a safe conduct from the King of Sweden, which Captain William Murray was employed to bring from Stockholme, where that King kept his residence. An. 1590. The conduct brought, he removed from Bahouse the eighth of january, and was met by a Captain of Sweden upon the River then frozen, with 400. horsemen, and by the space of two Dutch miles, conveyed unto the land of Denmark. The next day he went to the Castle of wertbury, where he remained five days, and from thence journeying by Falkenburgh the Town of Holmestade, and Castle of Cowholm, he came to Elsingburgh where he was stayed some three days from crossing the Ferry by tempest of weather; and on the 21. of january was received at Crownenburgh Castle, by the Queen-Mother, the young King, the Duke of Holstat his brother, and the four Regent's of the Realm, with all magnificence possible. There he remained to the end of February royally entertained; and because he was to stay upon the marriage of his Queen's eldest sister, with the Duke of Brunswick which was appointed in April next, he directed home William Shaw Master of Work to advertise the Council of the reason of his stay, and to cause some ships, and expert Pilots be sent with all diligence, for his more safe convoy. Colonel Stewart sent with ships to the King. The Council upon this advertisement employed Colonel William Stewart, with six well furnished ships together, Penult. Martii. and with him Mr. Patrick Galloway the King's Minister was sent to further his Majesty's return. They arriving at Elsingore about the middlest of April, in the very time that brunswick's marriage was solemnising, did signify to the King the longing that the subjects had for his return, and the peace that had been observed since his going from Scotland. For all that while (which considering the feuds of the country was strange) two riots only did happen, one committed by Archibald Wachop of Nudry a wicked and insolent man; another by the Clangregore in Bachudder. It rejoiced the King to hear that the subjects had been so quiet, as he did likewise account it a great happiness, that in his own company there had no quarrels fallen out, either amongst themselves, or with the strangers; whereas it is hard for men in drink, at which they were continually kept, long to agree. A little strife at his first coming to Upslo arose betwixt the Chancellor and Earl Marshal for priority of place, the Earl thinking it due to him because of the honour he had in the espousal of the Queen; and the Chancellor excepting, that his Ambassage ceased in regard of the King's presence, and that the same precedency belonged to him by virtue of his office in those parts, being with the King, that he had at home. But this was pacified without any noise by the King's determination, who declared the place to belong to the Chancellor. brunswick's Marriage and solemnity thereof finished, the King conveyed with many great ships, The King and Queen return to Scotland. took journey homewards, and arrived with his Queen at Leth the 20. of May, where he was received with a wonderful joy, and a great concourse of people. After his landing, he went first to Church, and caused public thanks to be given to God for his safe and happy return; then after to the Noblemen and Council he gave many thanks for the care they had taken in administration of affairs, and the quietness they had maintained in the country. The Earl of Bothwel besides the rest, was received with a most gracious countenance, for that contrary to all men's expectation he had carried himself orderly all that time. Bothwel his satisfaction to the Church. And he indeed soon after the Kings departing (whether to purchase the opinion of a reformed man, or that, as he pretended, remorse of conscience did move him) in a conference with james Gibson Minister, who was then privately returned from England, did offer for removing the many scandals he had given by his dissoluteness, to acknowledge publicly his offence, and make any satisfaction the Church should enjoin; which also he performed, appearing (as he was appointed) in the Church where Mr. Robert Bruce did ordinarily preach, and making confession of his sins, promised to live more regularly, and not to give offence thereafter to good Christians. But it was not long after the King's return, that falling to his wont forms, he became more disordered then ever, and there through procuring the King's displeasure, wrought his own undoing, as we shall hear. The next day after the King's arrival, A difference among the Clergy for anointing the Queen. the Council assembled to advise upon the Queen's Coronation. The King determining to have it done in most solemn manner, because none of the Bishops were present, nor could conveniently be brought against the day, made choice of Mr. Robert Bruce to perform the ceremony. The Ministers that were in town being therewith acquainted, some of the number more curious than wise, did except against the ceremony of Unction saying, that it was Jewish, and abolished at the coming of Christ, introduced into Christian Kingdoms by the Pope, and not to be used. The chief of this opposition was one Mr. john Davison, an idle and turbulent man, who as then had no charge in the Church, but had gained some credit with certain foolish people, that would be thought more holy and zealous than other. Mr. Andrew Melvil sided with him at first, reasoning for the same opinion. It was showed them, The ceremony of Unction not Jewish. That the ceremony could not be Jewish seeing it never had the beginning from the Jews, nor was it used by that people only. That the anointing of Kings was mentioned in the book of Judges, which albeit uttered in a parable, did show that it was a custom received in creating of Kings. And that it was practised in other Kingdoms, besides that of Judea, was a thing manifest, for Hasael King of Aram, was anointed by Elias, and Cyrus' King of Persia, is called by Esay Gods anointed: Both these were strangers to the Law and people of the Jews, yet were they anointed; wherefore the ceremony could not be Jewish. Then where they said that this rite was introduced by the Pope of Rome; as that could not be made out, so no reasonable man would think that every rite used amongst Papists was to be rejected; for in that case we should be forced to remove many things that are both of good institution and use. Seeing therefore the function and authority of Princes continueth the same, and is alike in all free Monarchies, their anointing could no more be excepted against, than their crowning, and the bearing of the Sword, and Sceptre before them, which have all the like warrant. The Queen's Coronation at Halyrudhouse. Thus they were reasoned with, but nothing could remove their scruples: which the King hearing, he called them before him, and finding them obstinate in their opinions, told them, That he would not have the right of Unction omitted, and if Mr. Robert Bruce would not do it (for they had threatened him with Church censures) he would prorogue the day of Coronation, and stay till one of the Bishops came who would not refuse. Upon this they fell to a second deliberation, and Mr. Andrew Melvil altogether misliking that a Bishop should be employed in the action, divided from the others, so that by the plurality of voices, in end it was concluded that the ceremony should be used. Thus the Sunday following the Queen was solemnly crowned, and all the rites accustomed, performed by Mr. Robert Bruce in the Abbey Church of Halyrudhouse. On Tuesday thereafter, The Queen's entry into Edinburgh. she made her triumphant entry into the Town of Edinburgh, where nothing was omitted that might serve to express the love and affection of the people. The rest of the month, and much of the next was spent in banquets and royal shows, for the entertaining of the strangers. These finished, and order taken for administration of the rends assigned to the Queen, the strangers were dimitted, and had rich presents given them both from the King and Queen. How soon they were gone, The Ministers challenged for permitting james Gibson to preach. the King upon information that the Ministers of Edinburgh and Dalkeith, had permitted james Gibson to preach in their Churches, notwithstanding he was silenced by the general Assembly, caused cite them before the Council. They answered, That his silencing, as they took it, was only to the time of his appearance before the Assembly, and that he was purged of contumacy; But the Act being produced, and hearing that he was silenced during the pleasure of the Assembly, which as yet was not declared, they confessed their oversight, and promised that he should not have place amongst them till his Majesty was satisfied. The King constructing their answer to the best, gave order to summon Gibson for his contempt, and he not appearing, was denounced Rebel. At the same time there was a marriage treated betwixt the Earl of Arrol and a daughter of the Earl of Morton, The King offended with the alliance of Morton with Arrol. at which the King took exception, and did inhibit the same, as not liking that he who had so lately rebelled, and was not yet reconciled to the Church, should be strengthened by such an alliance; Notthelesse the marriage went on, for which the Earl of Morton being called before the Council, answered, that he could not restrain the affection of his daughter, and was forced to give way unto it. The Council finding him to have failed in his duty, did remit his censure to the King himself, who as he was a Prince most tractable, did pass it, upon the Earl his submission. In the month of june the Assembly of the Church convened at Edinburgh, which the King did honour with his presence; Mr. Patrick Galloway elected to preside in name of the Church, did put up three Petitions to his Majesty: One for establishing the Church's jurisdiction, An Assembly of the Church. and the abolishing of all Acts made to the contrary. Another for purging the country of Jesuits, seminary Priests, and excommunicate persons, trafficking against Religion. The third was for providing a competent maintenance to Ministers, forth of the tithes of the Parishes where they served, and applying what was above, to the sustentation of Schools, maintaining of the poor, repairing of the fabric of Churches, and other the like necessary uses. To the first his Majesty answered, That in all Parliaments the first Act that was concluded, did concern the liberty of the Church, which he should have care to see observed as in times passed. For the second he said, that it was known what pains he had taken therein before his journey to Denmark, and that he would do what lawfully could be done, for purging the country of Papists. And touching the third, because many were interessed therein, he did advise them to make choice of the most discreet of their number to meet with such of the Council, as he should appoint, for conferring upon the readiest means to effectuate that which they desired. The King Commended to the Assembly the removing of the deadly feuds. Thereafter his Majesty falling to speak of the barbarous feuds which were entertained in the Realm, and the many odious murders there through committed, did seriously commend to them (as those who should of all others most study to make peace) the removing of such barbarities, so far as in them lay, wishing them in their Sermons to strike on that point, and make people understand how sinful it was, and how shameful to the whole Nation; as likewise to employ the most wise amongst them for reconciling the variances that abounded in the country. For myself, said he, I will employ all the power I have that way, and if you shall apply yourselves in your places to do the like, my work shall be the more easy, and have the better success. This was greatly applauded of all; and indeed after that time he took such pains, partly calling those that were at variance, before the Council, and causing them submit their quarrels; partly making strict laws against the troublers of the common peace, as he never ceased till he got the feuds wholly abolished. Yet this was not wrought but after some time, A trouble betwixt the Earl of Huntley and the Earl of Murray. and with much difficulty, new troubles daily arising in sundry parts of the country. In the North a dissension broke out betwixt the Earls of Huntley and Murray, that kept those parts a long time in trouble, the occasion whereof was this: john Gordon son to Thomas Gordon of Clunie, having married the widow of Grant of Ballendallagh, it happeneth in a private quarrel, one of gordon's servants to be killed by the Tutor of the house: Gordon pursuing him before the Justice, for not appearing he was denounced Rebel, and Commission given to the Earl of Huntley as Sheriff of the country to apprehend him. The Earl making search for him cometh to the house of Ballendallagh, and after some resistance taketh it by force, but findeth not the Tutor. This the family of the Grants interpreting to be done in their disgrace, they betook themselves to the patrociny of the Earl of Murray, and with them the Clanchatton, and divers of the name of Dumbarre did join. Huntley offending that any in those parts should make head against him, and having understood that the Earls of Athol and Murray were to meet these Glammis in Forres, for making up a confederacy; did assemble his friends, and went thither to dissolve the meeting, but before his coming they had severed, and the Earl of Murray was returned to his house of Tarnway, Huntley taking that way home, and some of his company riding about the house in manner of a Bravado, they within discharging some Muskets upon them, it happened the same Gordon that married the widow, to be killed; To be revenged of this affront, Huntley gathered forces to invade the Earl of Murray, and he assisted by the Earl of Athol his Cousin, prepareth to defend. The convocations were great on either side, whereof the King receiving advertisement, charges were directed to command Athol home, and inhibit Huntley from coming by West the River of Spey, and Murray not to come on the East of Findorne; this course did restrain them for a time, but gave not an end to thòse troubles. A little after this fell out the slaughter of William Ker of Ancram a Gentleman of great sufficiency, who was killed in Edinburgh under night, by Sir Robert Ker apparent of Cesfourd; There had been a long and old emulation betwixt the two families of Cesfourd and Farnherst for the Wardenry of the middle Marches, An. 1591. and the Provostry of jedburgh. But Farnherst being then deceased, and the heir left young; this Gentleman as descended of the house, did what he could to maintain the reputation of it, which was an eyesore to the other. It happened also some little time before, this Gentleman in the trial of goods stolen from England, to find out the committer of the theft, and when the same was denied (for the matter was brought before the Council) to verify the same by clear testimonies, which was taken to be done out of spleen, and to rub some infamy upon Cesfourd, who was then Warden; for the man accused was one of his followers. This the Lady Cesfourd a woman of an haughty spirit, did apprehend so deeply, as she never ceased till she had moved her son being then very young, to bereave the Gentleman of his life. A hateful fact it was, both for the manner in which it was done, and for the loss the country received by the Gentleman's death; for he was a man generally well given, wise of great courage, and expert beyond others in the Laws and Customs of the Borders. The King was highly offended, and was resolved to use exemplary Justice upon the Actor. But he eschewing, and living a fugitive some months, was pardoned, upon satisfaction made to the Gentleman's children, as was thought by the Chancellor's intercession, who afterwards married him to his Niece, a daughter of Lethington. Most of this Winter was spent in the discovery and examination of Witches and Sorcerers: A sorceress Agnes Samson apprehended. Amongst these Agnes Samson (commonly called the wise wife of Keith) was most remarkable; a woman not of the base and ignorant sort of Witches; but Matron-like, grave, and settled in her answers, which were all to some purpose. In her examination she declared, That she had a familiar spirit, who upon her call did appear in a visible form, and resolve her of any doubtful matter, especially concerning the life or death of persons lying sick. And being asked what words she used when she called the spirit, she said her words was, Holla Master, and that he had learned her so to do. She further confessed, That the Earl Bothwel had moved her to inquire what should become of the King, how long he should reign, and what should happen after his death; and that the spirit having undertaken to make away the King, after he had failed in performing, and was challenged by her, confessed it was not in his power, speaking words she understood not, but as she did take them, the words were, Il' est homme de dieu. Richard Graham another notorious Sorcerer, being apprehended at the same time, made the like confession of Bothwel, Bothwell committed for consulting with witches. which was the cause of his committing in April following; for such curiosities are not thought to possess the minds of those that wish well to their Princes, and hath proved the cause of many men's ruin. In the end of the year died john Ereskin of Dun Superintendent of Angus and Mernis, The Laird of Dun his death. a man famous for the services performed to his Prince and Country, and worthy to be remembered for his travels in the Church, which out of zeal to the truth he undertook, preaching and advancing it by all means. Before the Reformation, his house was to those who in that time were called Heretics, a special place of refuge; afterwards such was the scarcity of Ministers, that he took upon him the charge, and was chosen with the first to have the oversight of the Churches in these North parts, which he governed to his death most wisely, and with great authority, giving no way to the Novations introduced, nor suffering them to take place within the bounds of his charge, whilst he lived. A Baron he was of good rank, wise, learned, liberal, of singular courage, who for divers resemblances may well be said to have been another Ambrose: he died the 12. of March, in the 82. year of his Age, leaving behind him a numerous posterity, and of himself, and his virtues a memory that shall never be forgotten. Bothwel had not stayed above a month in Ward, Bothwell breaketh his Ward. when seducing his keeper, he made an escape, and thereby increased the suspicion of his guiltiness; whereupon the King gave order to pronounce the doom of forfeiture against him, according to the conviction passed in May, 1589. and causing denounce him Traitor did inhibit by Proclamation all the subjects to intercommune or keep intelligence with him. And lest the proceeding should have been thought too rigorous, it was declared in the Proclamation, that he being tender in blood to his Majesty, and advanced by him to sundry honours and offices, The doom of forfeiture pronounced against him. had out of his ungodly and unnatural humour, after divers slaughters committed by him, and overseen, taken Arms against the King, and practised with strangers for subversion of Religion, and endangering his Majesty's Crown, whereof being convicted in a Justice Court holden in Edinburgh the 24. of May 1589. the doom and sentence was superseded in hope of his amendment. And that notwithstanding all these favours, he continued in his wicked course; and heaping treason upon treason, had now at last consulted with Witches and Negromancers, His Majesty's Declaration concerning Bothwell. for bereaving his Majesty of his life, (as was manifest by the confession of some that had already suffered, and others yet alive who were shortly to be executed) and for the same being committed in the Castle of Edinburgh, he had broken Ward, and thereby taken the crime upon him, whereupon the doom which at that time was delayed, being now pronounced, his Majesty did will all his subjects to acknowledge him for no other but a Rebel and Traitor. Bothwell taking the course of all Rebels, Bothwell layeth the blame of his rebellion upon the Chancellor. which is to turn their malice against some about the King, laid the blame of all upon the Chancellor, and drew together some companies of men, as intending to be revenged to him. With him the Lord Hume and divers others did join, but to little purpose; for Hume upon better advice forsook him, and submitted himself to the King; and others following his example, used their best means to obtain pardon, so as Bothwell was compelled to flee into England, with some few that went with him. In the Assembly of the Church that convened this summer at Edinburgh, A contest between the Church and Lords of Session. fell out a great contest betwixt them and the Lords of Session, upon this occasion: Mr. john Graham one of the Senators had intended in right of his wife an Action of removing against certain fewars of Halyeards within the Parish of Kirkliston, and to bear out the plea, suborned a Notary in Striveling, called Robert Ramsay, to give him forth an instrument that made for his purpose. The defendants having offered to improve the instrument, did in the mean time upon a private Warrant obtained from his Majesty, apprehend the Notary, who confessed that the Instrument which he subscribed, was brought form to him, by William Graham brother to Mr. john, and that he knew nothing of the business; and being pursued criminally, was upon his confession condemned of falsehood, and executed to the death. The pursuer, as he was a man bold and impudent, to maintain the truth of the instrument, did intend Action against Mr. Patrick Simpson, Minister at Striveling, (who had dealt with the Notary to bring him to a confession) alleging that he had seduced the man, and made him deny the instrument. The Minister complaineth to the Assembly, and thereupon Mr. john Graham was summoned to answer for the scandal raised upon one of their members. He compeiring, answered, That he would prove what he had alleged before the judge competent. The Assembly replied, That he must qualify it before them, otherwise they would censure him as a slanderer. Hereupon was the Lord Provant Precedent, with the Lords of Culros and Barnbarrogh, two of the Senators, sent to desire the Assembly not to meddle in causes proper to their cognition, especially in the cause depending before them, at the instance of the Lord Halyeards, (so they styled him) against Mr. Patrick Simpson. The Assembly answered, That what they did, was no way hurtful to the privileges of Session, nor were they minded to meddle in any Civil matter, but in the purging of one of their own members, they might proceed without the prejudice of the Civil judicatory, therefore wished them not to take ill the Churches dealing in the trial of one of their own number. The Lords dimitted with this answer, Mr. john Graham questioned by the Church. Mr. john Graham was called, who excepted against the Judgement▪ affirming the cause to be Civil, and that the judgement thereof belonged to the Lords of Session, primariò, in regard the same was depending before them. The Assembly repelling the declinatour, found themselves judges in the cause, therefore willed him to say what he could in his own defence, otherwise they would give process, and minister justice.. But he taking documents of their Interlocutor, and protesting for remedy of law departed. The Lords esteeming this an encroaching upon their privileges, and that upon such grounds all actions that touched any Minister might be drawn from their Judicatory, resolved to send a prohibition to the Assembly and discharge their proceeding; but by the mediation of some well disposed persons, that did not like to have questions of Jurisdiction moved, the business was settled, and both actions ordained to cease. Not the less the instrument was sustained by the Lords and judges to make faith, which turned in end to the pursuers undoing. In this Assembly certain Articles were presented subscribed by the Archbishop of S. Andrews, The Archbishop of S Andrews his recantation. allowing the Presbyterial discipline, and condemning the Government Episcopal, which were afterward imprinted under the title of M. Patrick Adamsons recantation. The Bishop lay bedfast at the time, and was fallen into great necessity by his own misgovernment; whereof his Adversaries taking advantage, it was devised, that he should be visited by some of the brethren, and desired to leave a testimony under his hand, of his opinion of matters of discipline; This being moved unto him, he said, That he did not trouble himself with such thoughts at that time, and had never allowed of any other Bishop in the church, but S. Paul's Bishop, which he would willingly set his hand to. Upon this his answer were these Articles drawn up and subscribed by him. Whether he knew what was contained in them, or that he was induced thereto by a poor collection they gave him in the time, (for so the report went) or otherwise, it is uncertain; but when it was told him that such a recantation was published in his name, he complained heavily of the wrong that was done him and committing his cause to God, ended his days in the end of this year. A man he was of great learning, and a most persuasive Preacher, but an ill administrator of the Church Patrimony, which brought him to the misery that is pitiful to think of. Divers works he left, of which some are extant, that show his learning; but his prelections upon the Epistles to Timothy, which were most desired, falling into the hands of his adversaries, were suppressed. In the same Assembly a general revocation was made in name of the Church, A revocation made in name of the Church. by M. Robert Pont, of all things done in prejudice of the Rents, and Patrimony thereof, either by Ministers that were beneficed, or by others bearing the title of Churchmen. This in the opinion of wise men was esteemed to be a good way for pleading restitution, according to the privilege of ancient Laws; but was derided and scoffed at by those that had filled their hands with the spoils of the Church. And folly it was sure to think they could enjoy any benefit by these privileges, having destroyed the estate, and dignity of the Church, by which these privileges should have been preserved. Soon after this meeting there happened a great division in the Presbytery of S. Andrews, A Schism in the Presbytery of S. Andrews. for planting the Church of Luchars. The pretenders were M. Patrick Weimes and M. Robert Wallace: M. Andrew Melvill with some few that followed him, stood for M. Wallace, M. Thomas Buchannan and the rest for M. Patrick Weimes. The matter after a hot contention being put to voices, M. Thomas Buchannan and some 19 or 20 with him gave their suffrages to M. Weimes; M Andrew and other six that adhered to him gave their voices to M. Robert Wallace. M. Andrew taking it impatiently to be thus oversweyed, left the place where the Presbytery did meet, and with his six went to the Schools of the new College, and made up another Presbytery. M. Thomas and the rest abode in the place, and according as they had voiced, appointed Mr. Patrick Weimes on the next Sunday to be received Minister of Luchars: M. Andrew with his company gave forth the like Ordinance for M. Robert Wallace, and thus both were instituted and admitted Ministers to the Church upon one day. The Gentlemen of the parish went likewise in factions, some holding with the one and some with the other, which caused a great scandal. There being none to pacify the strife, M. Andrew Lamb the Minister at Brunt-Island) was directed from the Synod of Fife to entreat some of the Ministers of Lothian to take the pains of bringing them to an agreement. For this effect, M. David Lindesay, M. Robert Bruce, and M. I. Spotswood were chosen; who coming to S. Andrews in the Month of October, called the parties before them, to understand the reasons of their dissension. M. Andrew did plead for the one party, and M. Thomas Buchannan for the other. It was laid to M. Andrew his charge, That he had made a secession, forsaken the place of meeting, and the fellowship of his brethren, and with some six only that followed him, presumed to overturn the conclusion of the greater number. His defence was, That albeit he and his followers had left the place, yet they could not be judged to have made secession, by reason the others had given the cause, and conspired to prefer a person in worth not comparable to him whom they had elected. As to the number of voices, he said, quòd suffragia essent ponder anda, non number anda, that voices ought not to be numbered, but to be weighed and pondered. Two days they continued reasoning, and in end the mediators finding no other means of their agreement, took course to displace both the young men, and to appoint a third person for the service of the Church: and for eschewing such contentions thereafter, which were feared because of the heat betwixt M. Thomas and M. Andrew, they did appoint the Presbytery to be divided in two, a part to sit at Couper, and the rest to abide at S. Andrews. Thus was that strife pacified, which many held to be ominous, and that the government, which in the beginning did break forth into such schisms, could not long continue; for this every man noted, That of all men, none could worse endure parity and loved more to command, than they who had introduced it into the Church. But to leave the matters of the Church for a while; Bothwells attempt upon Halyrudhouse. when as the King did think that all was quiet, and Bothwell so weakened as he could not make any trouble (for Bacleugh his son in law was by licence gone into France, and all the gentlemen of the South parts, who were of any worth, had given surety to have no meddling with him) there were found in the Court itself, instruments apt enough to serve his turn. For of the Duke of Lennox his retinue some that envied the Chancellor's credit with the King, and others whose hopes wholly depended upon the trouble of the State, did by secret messages incite Bothwell to enterprise somewhat for himself, offering to bring him within the King's Palace unperceived, where with a few hands he might make himself master of the King, and all the Court. Bothwell is easily drawn to condescend, and the conspiracy so ordered, that he with his followers should under night be let in at a back passage, that lay through the Lord Duke his Stables; and first they should seize upon the Gates, take the keys from the Porter, and go after that to the King's Chamber, and make him sure. Within the Palace were divers privy to the conspiracy, especially Colonel William Stewart, john Neswith Chirurgeon to the King, and james Dowglas of Spot, who was brought to take part in that enterprise by this occasion: Some days before it happened George Home of Spot his father in law to be killed by certain Mersemen of the surname of Home and Craw. Sir George Home Nephew to Spot, and one of the masters of the King's Esquiry, did charge james Dowglas as author, or accessary to the murder, because of a fear he had conceived that his Father in law should by a new right possess his Nephew Sir George in some part of the lands, to which he had right by his marriage: upon this suspicion three of his servants were apprehended and detained prisoners within the Palace, till they should be tried by torture. The Chancellor, on whom james Dowglas depended, laboured all he could to free his servants from that extraordinary form of trial; but the presumptions being pregnant, the King would have them to be tortured; which when Spot understood and saw that the same would not be eschewed, he thrust himself desperately in the action, which but a few hours before was communicated to him by one of the Associates. This fell out happily for the King, The success of the attempt. and was it, that marred the whole conspiracy; for when Bothwell with his company had entered by the way named, and was come to the inner Court of the Palace, james Dowglas that minded nothing but the relief of his servants, drew a number to break open the doors where they were detained, and by the noise thereof, all in the palace were put upon their guard. The King was then at supper, and being told that armed men were in the nether Court, leaving the rooms, wherein he lodged, went up to the Tower as to a place of greater surety. Bothwell having directed some to enclose the Chancellor's lodgings lest he should escape, made towards the Queen's rooms where he expected to find entry, and perceiving all shut upon him, called to bring fire. But ere they could find any, Sir james sandiland's, one of his Majesty's chamber who had supped without the palace, with a number of the people of Edinburgh, entering by the Church of Halirudhouse, did beat him and his company from the doors, and was in possibility to have taken them all, if there had been any lights; but those being all extinguished, Bothwell with the principals of his company made shift in the dark, and escaped, returning by the same way that he entered, in his out-going he was encountered by a Gentleman of the Esquiry, named john Shaw, whom he killed with a Pistol, yet lost some nine of his followers, men of small note, who were executed the next morning. The enterprise thus defeated, The Earl of Murray slain at Dunyb●issell, 7 Feb. 1692. Bothwell went into the North, looking to be supplied by the Earl of Murray his Cousin german: which the King suspecting, Andrew Lord Ochiltry was sent to bring Murray unto the South of purpose to work a reconcilement betwixt him and Huntly. But a rumour being raised in the mean while that the Earl of Murray was seen in the Palace with Bothwell on the night of the enterprise, the same was entertained by Huntly, (who waited then at Court) to make him suspected of the King, and prevailed so far, as he did purchase a Commission to apprehend and bring Murray to his trial. The Nobleman not fearing that any such course should be used, was come to Dunybirsill a house situated on the north side of Forth and belonging to his mother the Lady Down; Huntly being advertised of his coming, and how he lay there secure, accompanied only with the Sheriff of Murray and a few of his own retinue, went thither and beset the house, requiring him to render. The Earl of Murray refusing to put himself in the hands of his enemy, after some defence made, wherein the Sheriff was killed, fire was set to the house, and they within forced by the violence of the smoke and flame to come forth. The Earl stayed a great space after the rest, and the night falling down, ventured among his Enemies, and breaking through the midst of them did so far outrun them all as they supposed he was escaped, yet searching him among the rocks, he was discovered by the tip of his head-piece which had taken fire before he left the house, and unmercifully slain. The report went that Huntley's friends fearing he should disclaim the fact (for he desired rather to have taken him alive) made him light from his horse, and give some strokes to the dead corpse. This done, Gordon of Buckie was dispatched to advertise the King what had happened, and Huntly himself took journey Northwards, in such haste as he left Captain Gordon his Cousin, that was lying on the ground wounded, behind him. This Captain was brought the next day to Edinburgh and publicly executed. The death of the Nobleman was universally lamented, The murder universally ill taken. and the clamours of the people so great, especially against the Chancellor upon whom all the blame was laid; that the King not esteeming it safe to abide at Edinburgh, removed with the Council to Glasgow, where he remained until Huntly did enter himself in Ward in Blackness, as he was charged. But he stayed not there many days, being dimitted upon Caution to answer before the Justice whensoever he should be called. The corpse of the Earl and Sheriff of Murray were brought to the Church of Leth in two coffins, and there lay divers Months unburied, their friends refusing to commit their bodies to the earth till the slaughter was punished. The Lord Ochiltrie maketh defection to Bothwell. Nor did any man think himself so much interessed in that fact, as the Lord Ochiltry, who had persuaded the Earl of Murray to come south, whereupon he fell afterwards away to Bothwell, and joined with him for revenge of the Murder. The Parliament which had been now twice prorogated, An. 1592. did keep in the month of june. In behalf of the Church it was there petitioned, 1 That the Acts of Parliament made in the year 1584. Petitions in behalf of the Church. against the Discipline of the Church and liberty thereof, should be abrogated and annulled, and a ratification granted of the discipline whereof they were then in practice. 2. That the Act of annexation should be repealed, and restitution made of the Church's Patrimony. 3. That the Abbots, Priors, and other Prelates bearing the titles of Churchmen and giving voice for the Church without any power, and Commission from the Church, should not be admitted in time coming to give voice in Parliament, or conveen in their name. And 4. That a solid order might be taken for purging the Realm of idolatry and blood wherewith it was miserably polluted. The second and third Petitions rejected, consultation taken about the other two, and satisfying the last, it was condescended, That saying of Mass, receiving of jesuits, Seminary Priests, and trafficking Papists against the King's Majesty, and Religion presently professed; should be a just cause to infer the pain and crime of treason against Jesuits, Mass Priests, trafficking Papists, and their ressetters: with a provision, That if the jesuits and seminary Priests did satisfy the Prince and the Church, the foresaid penalty should not strick upon the ressetters; which in effect was no restraint, neither was the trafficking against Religion declared to be a crime of Treason, unless the same was proved a trafficking likewise against the King. So in this point the Church received small satisfaction. As to the complaint of blood, the same was remitted to the ordinary course of Justice. But the first Petition was longer debated, The first Petition granted, and in what manner. the King being unwilling either to abrogate the Acts of the 84. or grant the ratification desired of the present discipline: for he foresaw the inconvenients that would grow by the liberty that Ministers should assume to themselves; yet Bothwels business, and the many discontentments within the Realm, moved him to give way, lest he should be troubled likewise with their outcries. So the Act passed, but in the most wary terms that could be devised. As for the Statute confirming his Majesty's royal power, the abrogation whereof was chiefly sought; it was only declared, That the said Statute should be no ways prejudicial, nor derogatory to the privilege that God hath given to the spiritual office-bearer in the Church, concerning heads of Religion, matters of Heresy, Excommunication, collation or deprivation of Ministers, or any such essential censures grounded, and having warrant of the Word of God. Upon the end of the Parliament the King went to Falkland, Bothwells attempt at Falkland. where Bothwell made a new attempt, encouraged thereunto by the Earls of Angus and Arroll, the Master of Grace, Colonel Stewart, and the Lairds of johnston and Balwery, who did all promise their concurrence in bringing him unto the King's presence. The Master of Grace and Balwery did meet him with a good number of horse, Angus kept the Diet but with a small company, Arroll remained with the King within the Palace, and had taken upon him with the assistance of Colonel Stewart to open the Gates; but either out of fear, their hearts failing them, or not having a number sufficient to make good their undertaking, nothing was done; yet upon suspicions they were apprehended, Arroll and Colonel Stewart committed. and Arroll sent to the Castle of Edinburgh, and the Colonel to Blackness; the company that came with Bothwell was not great, and did not exceed sixscore in all, broken men for the most part, whom he had taken up in the English and Scottish borders; with these he had journied 2 days and nights, without either meat or sleep, & came to Falkland a little before midnight, where finding his expectation disappointed, and those in the Palace provided to defend, he stayed on the side of the hill, till a little after Sunrising; some of his followers in the mean time breaking open the Queen's stables, took away the horses, and what else they could lay hands upon. The night was then at the shortest, for it was the 26. of june, and the Country gathering from all parts to relieve the King, Bothwell and his company flieth. he was forced to flee: But what way to take he was uncertain, for to pass the Ferry with his company he could not safely, and to return by the bridge of Striveling was a long way, which neither the horses nor their riders after so long watching could endure, yet seeing no better than to be gone, with the haste he could make, about nine of the clock he caused sound the trumpets, and retired. The King after the Country people were come followed by the Queen's Ferry, The King pursueth and cometh to Edinburgh. thinking he had gone that way, but finding that he had taken his course by Striveling, and knowing that the company would separate how soon they had passed the bridge, he directed most of his followers to apprehend such as they could overtake. Divers were taken in the Moors of Calder and Carnwath, but suffered to escape by their takers: many horses were found straying in the fields, the riders being overcome with sleep and fallen from them. Nidry taken by the Lord Hamilton and dimitted by his Lady. Amongst others, Archibald Wachop of Nudry, and some 7. or 8. with him, whilst they lay sleeping in a meadow nigh to Cambusnetham, were taken by the Lord Hamilton, and sent to be kept in the Castle of Draffan, but his Lady the day after, out of a womanly commiseration whilst her Lord was absent, suffered them to depart. Bothwell himself fled unto the West borders, and from thence into England. The badness of this attempt put the borders in a great fear, Pardon granted to those that would forsake Bothwell. for many of them, especially of the johnston's had followed him in that journey: yet so great was the King's clemency, as being at Dumfreise, whither he went in the beginning of july, a general pardon was proclaimed to all that would submit themselves; whereupon numbers did enter, and were received in favour. Bothwell thus forsaken almost of all, did notwithstanding in the Court again find some that out of emulation, and private rancour, more than for any affection they carried unto him, wrought the King new troubles. Alexander Lindesay Lord Spiny, The Lord Spiny delated for practising with the Lord Bothwell. a great favourite in that time, out of the malice he bore to the Master of Glamis Thesaurer, whom he knew Bothwell also hated, did secretly practise to bring him into the King's presence, and make his reconciliation. This coming to the knowledge of Colonel Stewart, who was still detained in Blackness, to procure his own liberty, and recover the King's favour, he signified the same to the King by Sir james sandeland's, who as then was keeper of the house, and being brought before the Council at Dalkeith stood to the declaration, affirming, that the Lord Spiny had resset Bothwell in his Lady's house at Aberdowre; which he offered to prove by witnesses, circumstances and other clear demonstrations. These were his words. Spiny denying all, appealed the Colonel to combat, which the King would not permit, assigning the 12 of September for his trial before the Justice. Spiny appearing at the day, the Colonel excused himself by the shortness of the time, and had a new diet assigned him, at which his probation failing, Spiny was restored to his honour, dignity and service, yet did he never recover his former credit with the King, but was held still suspected, and whether offending at this, or that the first declaration was true in itself, the year following he took open part with Bothwell, and was therefore denounced Rebel. At the same time john Weymis younger of Logie, john Weymis of Logie committed for his practices with Bothwell escaped. Gentleman of his Majesty's Chamber, and in great favour both with the King and Queen, was discovered to have the like dealing with Bothwell, and being committed to the keeping of the Guard, escaped by the policy of one of the Dutch Maids, with whom he entertained a secret love. The Gentlewoman, named mistress Margaret Twinslace, coming one night whilst the King and Queen were in bed, to his keepers, showed that the King called for the prisoner to ask of him some question; the keepers suspecting nothing; for they knew her to be the principal Maid in the Chamber, conveyed him to the door of the Bedchamber, and making a stay without as they were commanded, the Gentlewoman did let him down at a window by a cord that she had prepared. The keepers waiting upon his return stayed there till the morning, and then found themselves deceived. This with the manner of the escape, ministered great occasion of laughter, and not many days after the King being pacified by the Queen's means, he was pardoned, and took to wife the Gentlewoman, who had in this sort hazarded her credit for his safety. These dealings at Court increased not a little the boldness of others in the Country, so as some of all ranks, both Barons, Gentlemen and Burgesses, became followers of Bothwell, and feared not to entertain him openly. All Teviotdale ran after him; whereupon the King made an expedition to jedburgh 12. October, and finding some of his ressetters took bonds of them for their better behaviour. At his return he found new vexations by a faction made at Court against the Chancellor, A faction made against the Chancellor. whereof the heads were, the Duke of Lennox, the Earls of Argile and Morton, the master of Glamis and Lord Home; with these the Earls of Angus and Arroll, who were released from their wards by the Queen's intercession, did afterwards join. That which gave the occasion, was a claim made by the Queen of the Lordship of Mussylbrugh, as being a part of Dumfermelin, which she desired the Chancellor to resign, for he had acquired an heritable right thereof, at the making the act of Annexation. The Chancellor excusing himself, and in effect denying to satisfy her desire, she grew offended, and drew in these Noblemen to oppose him; whereupon he withdrew himself from Court, and remained in Nidisdale the rest of that year. In the North there was likewise great unquietness, Troubles in the North betwixt Huntley and the Clanhattan. for the Clanhattans conducted by Angus Williamston, to revenge the Earl of Murrayes death, made great spoil upon the Earl of Huntley's lands in Strathspey, and Glemmuck, killing divers, and amongst others an honest aged man called Gordon of Barcklay, against whom they could pretend no quarrel: Huntly to be revenged of this wrong made an incursion upon the lands of Petty, which the Clanhattan did then possess, exercing great cruelty, and understanding that William Malcolmtoshe was at the same time spoiling the lands of Colerick encountered him at the head of Staplegate hill, where after a short conflict some threescore of the Clanhattan were killed, a few only falling on his side. Shortly after in another expedition upon the same lands having drawn together a number of High-landers from Lochabar, Badenoch, and Strathdawn, he wasted, burnt and spoilt all that Country, killing a great many people. The King to pacify these troubles, The Earl of Angus employed in a Commission to the North in November. directed the Earl of Angus with a Commission of Lieutenandry unto the North, where he wrought so much as the public incursions of both sides did cease, and in this time was Mr. George Ker, brother to the Lord Newbotle, intercepted as he lay at the Isle of Cumray, intending a journey towards Spain; with him were deprehended divers missive letters and blanks signed by the Earls of Angus, Huntly and Arroll, and by Sir Patrick Gordon of Aughendown. Mr. Andrew Knox then Minister of Pasley, who was afterwards made Bishop of the Isles, upon some discovery made to him, did enterprise his taking, and making him to be conveyed with a strong guard, delivered him to the Provost of the City, the King being then in Alloway at the Christmas with the Earl of Marre, who but a few pays before had married the Duke of Lennox his sister. Advertisement made of his apprehension, and of the letters deprehended with him, the King made haste to return. The night before his coming was the Earl of Angus returned from the North, The Earl of Angus imprisoned in the Castle. and not having heard any thing of Mr. George Kers taking, went as he was accustomed to his lodging in Edinburgh, but was presently arrested by the Provost and Bailiffs, and sent prisoner to the Castle. The King esteeming this too great a presumption in them, to have used a Nobleman and Counsellor lately returned from such a public employment, without warrant in that manner, was not a little offended; yet because of the heinous accusations laid against him, their forwardness was excused, and his imprisonment allowed for good service by Act of Council. Mr. George Ker at his examination did ingenuously confess all that he knew of the business, Mr. George Ker his Confession the sum whereof was as followeth. That upon a letter sent from Mr. William Creichton the jesuit, then residing in Spain, and assurance given of the King of Spain's aid for the alteration of Religion, Mr. James Gordon, and Mr. Robert Abercrombie jesuits, had devised to send one to Spain, to certify the King of the concurrence of the Scottish Catholics in his service, and that for the greater secrecy, the three forenamed Earls should undertake for the rest, and by their letters testify the same. That this being proponed to the Noblemen, they did willingly consent, and accordingly set their hands to eight blanks, six whereof were to be filled, as missives from them to the King of Spain, and the two other with procurations, one for the messengers credit, the other for the Articles, that should be drawn up in Spain; That the filling of the blanks was trusted to Mr. William Chreichton, and Mr. James Tyrie, and that Sir James Chisholm, one of the King's Master households was first chosen to be carrier of the blanks, but that he being impeded through some private business, they were delivered to him, subscribed in the month of October, he being then in Edinburgh. He further declared, that by conference at the same time with the Earls of Angus and Arroll, he understood that the King of Spain was to send an Army of thirty thousand men into Scotland, whereof 15000. should remain in the Country, and with the assistance of the Catholics either alter the present Religion, or procure liberty to their own profession: and that the rest of the army should invade England, being conveyed thither by the Catholic Lords who were to meet the Army at their landing, which was appointed to be either at Kirkudbright in Galloway, or in the mouth of Cl●ydo. This was the sum of his confession. The Earl of Angus charged with these points denied, affirming the blanks and subscriptions to be counterfeited. But David Graham of Fintry, who was apprehended upon suspicion at the same time, The Earl of Angus denieth the blanks. declared that Mr. Robert Abercrombie had revealed the purpose to him, and showed that the blanks were trusted to Master George Ker. This so manifest a discovery of Popish plots tending not only to the overthrow of Religion, The King's resolution published for punishing that conspiracy. but also of the Realm, which by this treasonable practice should have been reduced to a miserable slavery, did animate the King much against the Jesuits, whereupon he published his resolution to spare none that should try guilty of the Treason, but make them an example to all posterities, requiring in most serious manner all his good subjects to beware of these jesuits, traitors to their native Country, and in their prayers to implore the mercy of God for preservation of themselves, their wives and children from the conspiracy intended. The Ministers of Edinburgh esteeming it their duty to make the Churches of the Country foreseen of the conspiracy that was detected, gave notice thereof by their letters to such as were most nigh at hand, desiring them to meet at Edinburgh the 8. of january for giving their advice touching these dangers, and how the same might best be prevented. The meeting was frequent, A Meeting of the Mininistery. for the report of the discovery drew many thither. Mr. Robert Bruce in a short speech having related the peril wherein the Country and Church were brought by these practices, it was thought meet by some Commissioners to entreat of his Majesty the execution of the laws against Jesuits, and their ressetters, with the punishment of such as should be found guilty of the present conspiracy. The King his desire proponed to the Meeting. The King accepting graciously those that were sent unto him, and giving the whole Assembly thanks for the readiness they showed to assist him in the prosecution of that trial, wished them to consider of what importance the business was, and not only to give their advice for the course that should be taken, but also to let him know what help they would contribute for strengthening him in his proceeding against the unnatural Subjects. His Majesty's desire being reported to the Meeting their advice was, An offer made by the Meeting. that a Parliament should be indicted and the subscrivers of the blanks cited thereto, and because it was not expected that they would appear so as his Majesty should be compelled to pursue them by force of Arms; they did humbly offer their attendance upon his Majesty's person, till they should be apprehended or expulsed the Country; as likewise to entertain a guard to his Majesty of three hundreth horsemen, and an hundreth foot, so long as any necessity was, and till the laws of the Country had taken effect against the rebels; providing it should not be drawn into a custom, nor prejudge the liberty of the Realm in time coming. The offer was thankfully accepted, and a Proclamation made to meet the King at Aberdene the 20 of February, for settling the North parts; and for a beginning of Justice David Graham of Fintrie was arraigned, Fintry beheaded. and being found guilty, beheaded in the public street of Edinburgh the 16. of February. Some two days before his execution, Mr. john Graham one of the Senators of the College of Justice, being charged (because of the business he made in behalf of Fintrie) to depart forth of the Town, and keep ward in Strathern, was killed as he was going to the tide at Leith. There had been a question long depending betwixt Sir james Sanderlands and him, for the lands of Halyards, and by reason thereof a professed enmity amongst them; and it falling out at the same time, when he was going to Leith, that the Duke of Lennox accompanied with Sir james, and divers others, was making towards their sport in the sands, Mr. john Graham apprehending that they did pursue him, made a turn upon that ascent which is without the gate of the town, as if he would stand there to his defence, which S. james taking for a sort of provocation, he made towards him, and entering in conflict, Sir Alexander Stewart, a grave Gentleman, servant to the Duke of Lennox, was killed by the shot of a pistol, presently after M. john Graham by another shot was stricken in the breast and fell to the ground, they who did give him the convoy, seeing him fall, did all fly, and the companies separating, he was led to a poor Cottage, near unto the place, and as he lay in bed, killed by the said Sir Alexander his Page, in revenge of his Master's death. A man he was, An. 1593. but meanly born and descended of that unhappy race, which had an hand in the murder of King james the first: a long time he served as Deputy to the Earl of Argile in the Justice Courts, The disposition and qualities of Mr. john Graham. and after his death waited on Captain james Stewart, by whose means he was preferred to be one of the Senators of the College of Justice in the place of Mr. Robert Pont: of a quick wit, and a good and ready utterance, but was excessively proud, covetous and unhonest in his dealings, as appeared in suborning of the Notary of whom we spoke, and the fraud which he used to Mr. Andrew Polwart subdean of Glasgow, a man of great learning, who being forced to fly into England in the year 1584. with the other Ministers that took their refuge thither, had entrusted him with his living and rent, upon assurance to be repossessed when the time should change, yet being returned and having obtained his peace, could he never bring him to fulfil his promise; whereupon after a long plea at law, not finding an outgate, the honest man conceived a displeasure and died. The Earl of Angus the same day that he was killed made an escape out of the Castle of Edinburgh by the connivance of the keepers, The Earl of Angus escapeth and flying to the North, joined with Huntley and Arroll. They upon the report of the Kings coming to Aberdene, left their houses, and betook themselves to the mountains, sending their Ladies to intercede for them, and make offer of the keys of their houses which they had been charged to render. The King receiving the Ladies courteously, The houses of the rebels rendered. told them that if their husbands would enter and abide trial, they should receive no wrong, otherwise the crime laid to their charge, did so highly touch the Estate, as he could not stay the course of Justice. Athol and Martial made Lieutenants of the North. In the mean time for preserving the Country in peace, the Earl of Athol was made Lieutenant within the bounds of Elgin, Forres, Narne, innerness, and Cromartie; and the like Commission given to the Earl of Marshal of the Sherifdoms of Kincardin, Bamffe and Aberdene. This done the King returned to Edinburgh, * 26. March where the Lord Burgh did meet him. He was sent from the Queen of England to congratulate the discoveries of these treacherous practices, A message from the Queen of England. and make offer of her assistance, in pursuing and punishing those that should try culpable, wherein she wished him to do as a King ought in such a case, and if he could not apprehend their persons, to confiscate their lands and rents, whereby he should undo them, and better the Estate of his Crown. And seeing the cause was common and touched all Princes professing the same Religion, she desired to be certified what his resolution was, that she might assure other Princes her confederates of the course taken in both their dominions for resisting the attempts of Spain. The King thanking the Queen for her friendly offer and advice, said, That he knew Sir Robert Bows her resident Ambassador had advertised her of the whole particulars, and of the blanks and letters intercepted: that he had made a beginning, and was fully resolved to prosecute the same with all rigour against those that he should try culpable; but willed her to consider how dangerous it was for him to have so many great men his Rebels, and what a business it would be, to hunt them out of those holes, and desert places where they lurked; That he would stand in need of her help and supply, which he doubted not to find, it being more dangerous for her estate to have the Spaniard set foot in his Kingdom, then either in France, or the Low-Countries, both which she had liberally helped and supplied with men and moneys. But what particular supply he would crave, his own Ambassador whom he minded to send speedily should declare. This was the effect of the conference kept with the Lord Burgh at his first hearing. At the next audience the Ambassador falling again upon the same purpose, The Ambassador intercedeth for Bothwell. said, That her Majesty did wish the King to fortify himself with a wise, sound and well affected Council, that might help to discover such wicked practices, and repress them when they were detected; and then casting in somewhat of the punishment, that the Queen had taken of those that had given Bothwel countenance in England; he wished the King to consider what course was best to be held with him in so troublesome a time; and if it were not for his Majesty's quiet (having so many rebels) to receive him upon his submission in favour. The King passing that which he had told of the punishing of Bothwells' ressetters, albeit he knew no such thing was done; answered, An. 1592. That if the Queen did either respect his countenance, or her own honour, she would be so far from giving him refuge in her Dominions, as he thought certainly she would deliver him according to the tenor of the league standing among them. But for taking him in favour, his offences were unpardonable, and to be abhorred of all sovereign Princes, therefore desired him to show the Queen his Mistress, that if he should understand any resset to be given Bothwell after that time, he could not but join with her greatest enemies for his own safety. As for his resolution in persecuting the trial begun, Midst of April. he should have it with him in a Letter of his own hand. This done he was dimitted, Sir Robert Bows residing still as Legier. In the end of April there was an Assembly kept at Dundy, An Assembly of the Church at Dundi●. wherein his Majesty directed Sir james Melvill of Halhill, with certain Articles, in the first whereof he declared, That he would not suffer the privilege and honour of his Crown to be diminished, and Assemblies to be made when and where they pleased. Therefore willed them before the dissolution of the present Assembly, to send two or three of their number, by whom they should know his mind touching the time and place of their next meeting. By the second it was desired, Articles sent by his Majesty to the Church. That an Act should be made inhibiting Ministers to declaim in Pulpit against the proceedings of his Majesty & Council, under pain of deprivation, both in regard of his Majesty's good intentions known to themselves for maintaining Religion and justice, and for the easy access that divers of the Ministry had unto him, by whom they might signify their complaints and grievances if any they had. Thirdly, In regard of Mr. craig's decrepit age, his Majesty desired to have five or six nominated to him by the Assembly, that he might choose some two of them to serve in his house. Fourthly, Seeing the standing of Religion, and safety of his person were so straightly eonjoyned, as they that were enemies to the one, could not be friends to the other, that some of every Presbytery should be appointed to inform and advertise his Majesty of the practices of the Papists and the ressetters of Bothwell; whose whole courses tended to the subversion of Religion, no less than the endangering of his Majesty's person. And fifthly, That they should appoint some of their number to cause the Magistrates of Burghes, where there are any Seaports, try those that came into the Countery, or passed forth of the same, to delate their names, that the plots and practices against Religion might be better discovered. These Articles, The Assemblies Answer. especially the first two, savouring of discontent, were answered generally by the Assembly: concerning their Meetings, they said, that they should follow the Act of Parliament made the year preceding: and for the declaiming in Pulpit, an Act was made prohibiting any Minister to utter in Pulpit any rash or irreveverent speeches against his Majesty and Council, or their proceedings; and to give their admonitions upon just and necessary causes, and in all fear, love and reverence. Which the King esteeming to be no restraint, but rather to minister an excuse to the unruly sort when they transgressed, then otherwise, rejected as not satisfying his demand; whereupon the Petitions of the Church proponed against Papists at the same time, and against the erections of Tithes in Temporalities, were not much regarded. In this Assembly it was enacted That none professing Religion within the Church of Scotland, should from thenceforth repair to any of the King of Spain's Dominions, where the tyranny of Inquisition was used, for traffic of Merchandise, or other the like negotiations, till the King did obtain liberty from the King of Spain to his Subjects for traffic in these bounds, without any danger of their person or goods for the cause of Religion, under the pain of Excommunication. The Merchants offending hereat, did petition his Majesty and Council for maintaining their liberty of traffic; which was granted. Notwithstanding whereof the Ministers proceeded in their censures, till the Merchants made offer to surcease their trade with Spain, how soon their accounts were made, and they paid by their creditors in those parts. But the abolishing of the Mondays Mercat in Edinburgh, A change of the Mondays Mercat urged at Edinburgh. though assented unto by the Council of the Town, and past in an Act, took not the like effect; for the shoemakers who were most interessed in that business, hearing that the same was to be put in execution tumultuously gathering themselves together, An. 1593. come to the Ministers houses, menacing to chase them forth of the town, if they did urge that matter any more; after which the motion ceased, the Mercat continuing as before. This did minister great occasions of sport at that time in Court, where it was said, That rascals and sowtars could obtain at the Ministers hands, what the King could not in matters more reasonable. In the beginning of june, Sir Robert Melvill sent into England. Sir Robert Melvil was sent in Ambassage to England; his Commissionwas to signify what had been done in the prosecution of the Authors, and contrivers of the last practices since the Lord Burgh his return, and to require some aid and assistance for enabling the King to follow that business to an end; and particularly he was desired to crave a supply in money for levying 600. Soldiers, and entertaining them some months, till the service was finished, and the Rebels either apprehended, or forced to quit the Realm; withal he was appointed to renew the former complaints of Bothwel his resset and entertainment in the borders of England, and to crave his delivery according to the league. But while he was pressing that business in England, Bothwel surprised the King at home, and for a while made all these purposes to sleep, so as he returned without effecting any thing. The occasion and manner of the surprise was this. The King surprised by Bothwell. The Chancellor who had all that year been absent from Court, upon a discontent the Queen conceived against him, had sent to the King a Letter requesting his licence to depart forth of the Country, since he could not with safety attend his service; for that to remain at home, and live deprived of his Majesty's presence, he said was to him a very hell, which he could hardly endure; promising to return at such time, as his Majesty should find convenient to recall him to his service. The King did show the letter to the Queen, The manner of the surprise. because in the same he had protested much of his sincere affection towards her, and being loath to quite him whom he had tried to be so able a servant, moved her to forget all quarrels, so as he would resign the Lordship of Mussilbrugh, which had bred this dissension. The resignation made, and the Chancellor being on the point to return to Court, the Duke of Lennox by the advice of Athol, Ochiltrie, and others of the name of Stewart, resolved to prevent his coming by the inbringing of Bothwell. The Parliament had broke up some two days before, and the Noblemen resorting to the Palace to take their leave of the King, the Gates were kept patent, and less heed taken of those who entered. Athol with his Lady had lodged all that time in the house, then pertaining to the Earl of Gowry, at the back of the Palace, and kept Bothwell private with Mr. john colvil, one of his followers. So early in the morning the Lady pretending to bid the King farewell, and making her entry through the Postern Gate, taketh Bothwell and his companion along with her, and bringeth them unperceived of any into the King's bedchamber; The King was then private in a retiring room, and when he came back, and saw them stand with their swords in their hands, cried aloud, Treason, treason: They falling on their knees called for mercy; Nay, said the King, you have dishonoured me; and placing himself in his chair, Strike Traitor, saith he to Bothwell, and make an end of thy work, for I desire not to live any longer. He protesting with many oaths, that he came only to beg pardon, and to put himself in his Majesty's will: the King replied, That mercy extorted by violence, was not mercy, and that it was not the form of supplicants to come with weapons in their hands. Whilst the King was thus talking, the Earl of Marre, and Sir William Keith entered into the Chamber, and presently after them a number of Bothwells' faction, who by this time had possessed the utter Court, and assumed the charge of the Gates. The report of this accident going to the City the people went to arms, The City in arms. and conducted by Sir Alexander Home their Provost, made towards the Palace to give the King relief; but he was then become somewhat pacified, and following the Earl of Marre his advice, after he had showed himself from a window to the people, and given them thanks for their readiness, he willed them to return to their houses & attend his advertisement. All that day matters were carried fairly in a sort, 〈◊〉 using speeches, and offering himself to trial for the consultation which began his trouble; for his other misdemeanours he desired mercy, excusing himself by the want, and necessity, whereunto he and his friends were driven. But when he perceived the King's countenance not to be towards him, as he wished, he changed his forms, and letting some words fall that sounded not well, gave divers to suspect that he should attempt some violence. This did set the English Ambassador on work, who being assisted by the Ministers of Edinburgh, did after long travel and much persuasion induce the King to set his hand to the Articles following. 1 That remission should be granted to Bothwell, Conditions granted to Bothwell by the Ambassadors mediation his friends and partakers for all attempts against his Majesty's person and authority in any time past, and promise made never to call or pursue him and his foresaids for any bypast fact; as likewise to repossess them in their houses, and lands, notwithstanding whatsoever process laid against them. 2 That a Parliament should be called in November next, and such an Act passed in his and their favours as was made at Linlithgow Anno 1585. for their greater security. 3 That during that time, the King should not receive in his Company the Chancellor, the Lord Home, the Master of Glammis, and Sir George Home knight. 4 That from henceforth, the Earl Bothwell, his friends and followers should be esteemed as good and lawful subjects, and used with much favour as if they had never offended. These Articles the King did in the word of a Prince promise to perform, Articles subscribed by the witnesses. and for Bothwells greater satisfaction after he had signed the same with his own hand, caused so many of the Council as were present together with the Magistrates and Ministers of Edinburgh subscrive as Witnesses. The subscribers were, the Duke of Lennox, the Earl of Athol, the Lords, Forbes, Ochiltry, Spiny, and Urquhart, the Master of Grace, M. james Elphinston, Mircarny, the Clerk of Register, nicol Edward, john Morison, George Fodrick, and David Williamson, Bailiffs of Edinburgh; M. David Lindesay, M. Robert Bruce, M. Robert Rollock, M. Walter Balcanquell and M. Patrick Galloway, Ministers. For Bothwell it was promised that he should leave the Court, and not come towards the King till he was called by his Majesty. These things were done at Halirudhouse the 14 of August 1593. The King goeth to Falkland some twenty days after the surprise. The next day the King went to Falkland, attended by the Duke of Lennox, the Lord Ochiltry, and Chreichton of Clany a follower of Athol, who did promise to wait upon the the King unto November, and debar those others that by the Articles were not to be admitted. The rest of the month the King stayed at Falkland, and in that time Bothwell did obtain himself purged by an Assize of practising and consulting with Witches, which had been the original of his mischief. In the beginning of September the King went to Striveling, A Convention at Striveling 7. Sept. where he had appointed a Convention to meet for taking order with the broken men of the Highlands and borders; Thither came the Lord Hamilton, the Earls of Marre, Morton, Glencarne, and Montrose, with the Lords Lindesay and Levingston; of the Church estate, the Bishops of Dunkeld, and Aberdene, the Prior of Blantyre, and Abbot of Lundors, and divers Commissioners of Burghes. After some speeches concerning the borders and Highlands, and the means to quiet them which was the errand pretended, the King declared, that he had called them, to that meeting for business that touched him more nigh: and then relating the many indignities he had endured at Bothwells' hands, which they all knew, he desired to have their advice touching the Conditions granted to him of late, The Estates find the Conditions given to Bothwell dishonourable. and whether they did think him tied to the performance thereof, the same being extorted by the importunity of those that took on them to mediate betwixt him and Bothwell, and yielded unto by him upon just fear. The answer of the Convention was, That they judged the fact of Bothwell Treasonable, and the Conditions granted in such a manner to carry no necessity of performance; that for the remission promised to him, and his followers, the same depended upon his Majesties own pleasure, and that he should do therein what seemed to him good; but to be tied not to receive in his company his servants and officers, they held it not to stand with the honour and dignity of a King. For the remission, said the King, I could be content for the quiet of the Realm, to grant the same upon his humble suit, and supplication, when I am now at liberty, but to be forced thereto and by way of capitulation to grant the same, I do not think it agreeth with mine honour. That which I require of you since I judge the conditions unlawful, and that neither in law nor conscience I am bound to observe them, is, that by public Act the same be declared, and that as a free Prince I may presently, and in all time coming, admit and receive into my company, such of the Nobility, Council, Officiars, and other good subjects, as I shall think good to use in the administration of my affairs. All esteeming this to be most reasonable, an Act was made declaring, That his Majesty with the advice of the Estates, had recalled the grant made to Bothwell in August last, and that being a free Prince he might use the service of any of his subjects and call them to him at his pleasure. This Declaration made, The Prior of Blantyre and sir Robert Melvill directed to Bothwell. the Prior of Blantyre and Sir Robert Melvill, were directed to Bothwell to show him that albeit the King did not think himself bound in law, or hnour to perform the Conditions made at Halyrudhouse, yet if he should now make humble suit for pardon to himself, and his followers, the same should be granted, with a double Proviso: first that he should supplicate his pardon, and pass the same formally before the 20 of November; secondly, that the remission being exped, he should depart forth of the Realm and abide in such parts beyond Sea, as the King should appoint, and not return into the Country without his Majesty's licence. Bothwell at first did take the offer well and seemed therewith content, Bothwell falleth to his wont forms. but when he was returned to Edinburgh (for the intimation was made to him at Linlithgow) and heard that the Lord Home, and those others against whom he took exception, were received in Court, he was greatly commoved, and falling to his wont forms, threatened to make the King observe the Conditions, and keep what he had promised. To this purpose he advertised the Earl of Athol, desiring he should meet him at Striveling the first of October with his forces: Athol kept the Diet, accompanied with the Earl of Montrosse and a great number of men; but the King was parted from Striveling and remained then at Linlithgow, attended by the Lord Hamilton▪ and divers other noble men, which made Bothwell change his purpose and disappoint the enterprise. The King understanding that Athol with his forces was come to Striveling, Athol coming to Striveling is charged to return home in the beginning of October. sent a messenger to charge him to return home, and dissolve his companies; which he obeyed, pretending that his business was only to hold a Court at Down Castle, (a house pertaining to the Earl of Murray whereof he had the Ward) and that the messenger might witness the truth thereof, he took him along with him the next morning to Down. The stay of the messenger put the King in suspicion that the Charge was not obeyed, and that Athol did wait upon Bothwells coming. Whereupon he went back to Striveling, and understanding that Athol was gone to Down he followed thither. Montrosse taken by the Lord Home. The Lord Home who was appointed to ride before and view the fields, encountering the Earl of Montrosse, made him prisoner, and used him and his men somewhat roughly. But he professing to be sent by Athol to the King for making his excuse, and declaring the true cause of his coming in those parts, was dimitted, the next day upon his promise to appear before the Council whensoever he should be charged. Bothwell denounced Rebel. After this the King going to Edinburgh, Bothwell was cited before the Council; and not appearing, was of new denounced Rebel. Leaving these affairs for a while, we will now return to the Popish Lotds. They had been cited to the Parliament which was kept in july preceding, but upon some informalities, and defects in the libel the process was remitted by the Estates to the King and Council. This being ill interpreted, and taken to be done in their favour, The Popish Lords excommicated by the Synod of Fi●e. the Ministers of the Synod of Fife meeting at S. Andrews in the beginning of October, did summarily excommunicate the Earls of Angus, Huntley, and Arroll, the Lord Home▪ and Sir james Chisholme. They sent letters also to all the Presbyteries, desiring their excommunication to be published in all the Churches; and particularly required the ministers of Edinburgh to call a meeting of some principal ministers, and well affected Barons to advise what course was fittest to be taken for the defence of Religion and repressing the practices of enemies. The King upon advertisement of these proceedings, called M. Robert Bruce (who was then in great favour) and willed him to stay the publication of sentence, The King dealeth with with M Robert Bruce to stay the publication of the sentence as being unjust, and altogether informal, for that neither were these persons subject to the Synod of Fife, nor were they cited to answer; And if this be your order, said he, that the Ministers of one Synod may excommunicate, and at their desire all the rest shall make intimation, who can be sure or how shall it be eschewed, but number shall this may be brought in troubles? M. Robert answering that it was not in his power to stay the publication, the brethren having already concluded the same; and that the Ministers of Fife had their own reasons, and were answerable to the general Assembly. Well, said the King, I could have no rest, till ye got that which ye call the Discipline of the Church established, now seeing I have found it abused, and that none amongst you hath power to stay such disorderly proceedings, I will think of a mean to help it. The intimation in the mean time went on, The Popish Lords mee●ing the King at Falaw desire a trial. and according to the motion made for convening some principal Ministers and Barons, there assembled a good number at Edinburgh the 17 of October. The King was gone then to jedburgh, for pacifying some tumults in the borders, and in his going thither, was met at Falaw by the Earls of Angus, Huntley, and Arroll, who humbly entreated a trial, and that they should not be condemned unheard, offering to enter themselves what time, and in what place his Majesty should appoint. There were divers of the Council with the King at the time, They are commanded to enter themselves in Perth. by whose advice they were enjoined to enter their persons in the town of Perth the 24 of that month, and abide there, till order was taken for their trial. And lest casting of themselves in the King's way, should be thought to have proceeded upon an intelligence, that the King did keep with them; the Master of Glammis and Abbot of Lundors were directed to inform the English Ambassador and Ministers of Edinburgh of that which had happened, and the answer that the Lords received. How soon this was known, Petitions of the Church sent to the King at jedburgh. Commissioners were sent from the Assembly to the King with certain Petitions conceived in this form. The Commissioners of the Church, Barons, Burgesses, convened from divers parts of the realm, foreseeing the present danger, wherein the Church of God, the person of the King, and whole Country do stand, have thought it their duty to petition his Majesty and propone their advice as followeth. 1 Seeing the Commissioners are informed that the excommunicate Lords, namely the Earls of Angus, Huntley, and Arroll with their complices are to be put to the trial of an Assize, they humbly crave that the trial be not precipitated, and that the Diet assigned, may be prorogated, till such time as the professors of Religion (who are minded to be their accusers, and to pursue them for the treasons they have contrived) may be throughly advised with the business, and resolve what is convenient to be done. 2 That according to the laws and customs observed in such crimes those excommunicate and treasonable apostates may be committed to sure custody in the town of Edinburgh, Dundy, and Striveling, or other places that shall be thought expedient, till order be taken with Papists of new faction, they are known to be the heads, and till the estates advice upon the form of their trial. 3 That when the Estates after mature deliberation shall put the foresaid traitors to trial, the Jury be not nominated at the option of the parties accused, but by the party accuser, who are the whole professors of the Gospel. 4 That seeing the aforesaid traitors are excommunicated, and by the just sentence of the Church cut off from the society of Christ's body, that they are not admitted to stand in judgement, or have any benefit of law, till they be reconciled to the Church according to the laws of the Country, and his Majesties own promise, as likewise in respect they have made themselves guilty, partly through their escape forth of Ward, and partly by playing the fugitives and not appearing neither at S. Andrews, to which they were first cited, nor at the time of the last Parliament. 5 Or if his Majesty will not alter the day appointed at Perth, as we do not doubt but after good consideration he will, than we desire that such as profess Religion, may be a guard to his Majesty at the time to defend his person from violence, and to accuse and pursue them to the uttermost, which we are minded to do, although it should be with the loss of all our lives in one day, being fully resolved if they continue enemies to God and his truth, that the Country shall not brook them and us together. The Commissioners coming to jedburgh had presence given them, The Conference betwixt his Majesty and the Commissioners of the Church. and having presented the Petitions, the King at the reading of the inscription grew incensed, saying, That he would not acknowledge any such Convention, nor them for Commissioners, seeing they had assembled themselves without his consent and knowledge. They answered, that the meeting was warranted by his Majesty's Proclamations. A long reasoning was kept upon that point; in end the King condescended to hear them as subjects, and satisfy them with reason in every particular, but to accept of their Commission or return any answer to that meeting he would not. This passed, he said, That he was not foreseen of the coming of these Earls unto him at Falow, nor had he any intelligence with them; but when they came, and did humbly offer themselves to trial, he could not of his Princely duty refuse it, though they had been the meanest and simplest persons of the land, that he had dismissed them without any promise or the smallest assurance of favour, whereof he had many witnesses; and for the time and place assigned to their trial, the same was done by advice of such of the Council as were present, but that he had since considered the time to be too short and the town of Perth not so convenient, and therefore had appointed a meeting of the Estates at Linlithgow the last of that month, by whose advice he would proceed and do that which was fitting. It hath been, said he, the suit of the Ministers to have those Earls brought to their trial, and now when they offer themselves unto it, it is strange there should be such business made for a delay. As for himself, he had resolved what time and place soever were appointed for the trial to have all things rightly done, and that neither the judges nor jurors, if the matter came to that point, should be other than men indifferent and well affected to Religion. The Commissioners putting his Majesty in mind of that he had said at the first view of the Blanks and the hearing of M. George Ker his confession, that the crime was above the reach of his power to pardon, and beseeching him to regard his honour and surety, seeing it was dangerous to permit the Earls to come accompanied with such numbers, as they intended to bring; he said that he could provide for any dangers that way. And when they did offer, as in the Articles, to come and attend his Majesty as a guard at the time of trial; he answered, That he would make choice of his own guard, that those whom he called to that Diet should be welcome, and such as came undesired should not be so. Then they show what offence was taken at the Lord Hume his entertainment in Court, who was both excommunicated and known to be a professed enemy to Religion: the King replied, That a day was given him to satisfy the Church by the Ministers themselves, which was not as yet expired, and if he did not satisfy, that he should remain no longer at Court. But said they, he doth not keep promise and is thought to have been a chief instrument in bringing these excommunicates to your Majesty's presence. For that, said the King, I know it not, and if you will accuse him, he can speak for himself. After these speeches, they humbly besought his Majesty to vouchsafe the Assembly some answer in writing, but he absolutely refused, and so they took their leave. These answers reported, The assembly resolved to keep the Diet appointed for the Lords trial did no way content the Meeting, whereupon it was resolved that upon advertisement they should all convene in arms at the place which should be assigned for the trial of the Lords, and be their pursuers; to which purpose some was left at Edinburgh to make timely warning to the rest. The King being informed of this conclusion at his return to Edinburgh, called the special Ministers that were in town, and showed that it was an undutiful part in them to convocate the subjects, and cause them take arms without his warrant; prohibiting any such advertisement to be given as was appointed. They excusing themselves, said, That it was the cause of God, and in defence thereof they could not be deficient. Hereupon a Proclamation was made; Declaring the course that his Majesty had taken to try the Conspiracy of the Popish Lords, and how after some p●ins taken in that business, A Proclamation inhibiting all convocations. he had indicted a Parliament in july last for that cause, at which time nothing being done (albeit not in his default) and he impeshed a long time after by the practices of Bothwell and other troubles in the Country, was no sooner received forth of his hands then he fell again upon the same thoughts; and that now he had appointed a Convention of Estates at Linlithgow, for taking their advice touching the surety of his own person, the relief of the subjects oppression, and the ordering of all that business, especially since the said Lords had by their letters and otherwise most humbly desired a trial, which he doubted not the Estates would consider and so proceed therein, as might best serve to the preserving of Religion, and the quietness of the Country; his own intention being no other, but to have them satisfy the Church, or if they refused, to cause them to be expulsed and banished the Country. And for that end he had commanded them to remain at Perth, and attend the resolution of the Estates, dissolving their forces if any they had assembled. Whereof his Majesty did think meet to give all his subjects notice, that they might know his care for the maintenance of true Religion against all the enemies thereof. And therefore inhibited the subjects to make any Convocations; or if any were already made by the sinistrous informations of ill disposed people, they were commanded to dissolve and turn to their houses till they should be advertised either by missive Letters or Proclamations, and not otherwise, under the pains appointed for seditious persons and disturbers of the public peace. Notwithstanding of this discharge, A Convocation of the Estates. there came great companies to Edinburgh, and in all parts of the Country were people stirring; so that the Convention which was called to meet at the same time being not very frequent kept a short while together. The offers and Petitions of the Popish Lords being only read, the consideration thereof was remitted to certain chosen by the Estates. These were the Lord Thirlestane Chancellor, Certain of the Estates selected to judge of the Lords offers. the Earls Marshal, Marre, Montrosse, and Rothes, the Lord Levingston, Scot of Balwery, john Murray of Tullibarden, Alexander Bruce of Airth, Mr. George Lowder of Basse, William Scot of Abbotshall, Mr. David Carnagie of Colluthie, Sir Alexander Hume of North-Berwick Provost of Edinburgh, Clement Core Baily, with the Commissioners of the towns of Dundie, Couper, Striveling and Linlithgow; to these or any four of every estate, together with his Majesty's Officers, power was given to consider the Petitions and offers of the said Lords, to try their accusations, purgations and the truth thereof, and to conclude therein, as they should think most expedient for the surety of Religion, and redressing of disorders within the Realm, ordaining their determination to be as valid and effectual, as if the same had been concluded in Parliament or Convention. It was likewise ordained that Mr. Robert Lindesay, Mr. Robert Bruce, Mr. Robert Rollock, Mr. Patrick Calloway, and Mr. james Carmichael and john Duncauson should be admitted to the said conference if they should desire. And that in the absence of any of the Estates nominated, such as were present should appoint others at their pleasure. The Commissioners nominated having convened at Edinburgh the 12. of November, after many days reasoning, grew to this conclusion. That the King for the public peace of the Realm, Conclusion taken, touching the Popish Lords. and to remove all troubles and the occasion thereof, after mature deliberation and conference kept with the Ministers, had by the advice of the Commissioners elected by the Estates, declared, and by irrevocable Edict ordained, That the true Religion established in the first year of his Majesty's reign, should be only professed and exercised in all time coming within the Realm, and that none should supply or resset any jesuits Priests, and other adversaries of Religion under the pains contained in the Acts of Parliament. That such as have not embraced Religion, or made defection from the same, should conform themselves before the ● of February next, satisfy the Church, and obey such things as shall be prescribed to them by the King and the Church; or if any of them did think it difficile so to do, for any scruple of Conscience, that they should depart forth of the Realm to such parts beyond Sea, as his Majesty should appoint, betwixt and the said day, and not return till they were resolved to embrace the truth and satisfy the Church, they always and their heirs enjoying their lands and livings, and their procurators being licenced to appear before the ordinary judges for debating their actions notwithstanding of any process laid against them. That the Earls of Angus, Huntley and Arroll, the Laird of Achindowne and Sir James Chisholme should be unaccusable of the crimes contained in the summons executed against them by occasion of blanks and letters intercepted, and concerning their traficking with strangers to the prejudice of Religion, and the said process extinct for ever, discharging the justice, Advocate and other Officers present and to come of all calling, and proceeding against them and their heirs therefore in time coming. But in case they have sent, or after this time shall send any pledges forth of the Realm for fulfilling of Conditions tending to the overthrow of Religion, in that case the said abolition should be null, neither should it be further extended, then to the crimes contained in the summons, and no way comprehend any murders, fire-raisings or other crimes committed by them. That such of the said Earls and others as should resolve to obey his Highness' Laws in professing the true Religion, before the 1 of February, should remain in the places and bounds to be appointed for them, and forbear all practising or intelligence with the jesuits, Priests and other Papists, debarring them from and forth of their company. That they should neither dispute, nor permit disputing at their Tables against the truth, or in favour of Popery, and entertain in their houses a Minister, and be ready to hear conference, and resolve themselves of doubts, that they may be the better prepared to subscribe the Confession of Faith at the day appointed, unless it please the Chrrch to prorogate their subscription for some longer space. That the Earls of Huntley and Arroll should before the 1 of February remove out of their company Mr. James Gordon and Mr. William Ogilvie jesuits, and find surety under the pain of forty thousand pounds, each of them to abide by their subscriptions, and not to make defection from the Religion: Achindowne and Sir James Chisholme finding the like surety under the pain of ten thousand pounds. That such of them as make choice to leave the Country, and will not embrace the true Religion, should give assurance to forbear all practising with jesuits and others against Religion and the State when they are abroad, and till their departing keep no intelligence with any of that Sect. That they should declare their choice of the two conditions before the 1 of January to the King and Church, otherwise in case they do not accept the same in manner, and within the time above specified, they should enjoy no benefit by virtue thereof, but should be liable to trial and punishment of Law, as if the same had never been proponed nor offered unto them. That the Church should in the mean time call all suspected persons before them, requiring them to satisfy, and if they be obstinate delate their names to his Majesty and Council, that they may be punished; and that Masters and Landlords be holden to answer for persons so suspected, as for other crimes. These were the conclusions taken in this meeting by the Deputies of the Estates and signed by the King and them, which likewise were to be subscribed by the 3 Earls and their complices in token of their acceptation; what effect the same took, we shall afterwards hear. In the end of this year, Troubles betwixt the Maxwells and the johnston's. there fell out great troubles in the west marches, some of the surname of johnston, having in the july preceding made a great depredation upon thelands of Sanwhare and Drumlanrig, and killed eighteen persons that followed for rescue of their goods; a Commission was given to the Lord Maxwell, than Warden for pursuing the doers with all hostility. Not long before, a great friendship had been contracted betwixt him and the Laird of johnston, and bonds interchanged for assisting one another, which the Lord Sanwhare, Drumlanrig, and others interessed by the johnston's feared should make him remiss in executing the Commission, yet considering his disposition, and that he loved above all things to be followed, they took advice to offer their services so as he would join with them for suppressing the power of the johnston's. Maxwell thinking this to be a good occasion for bringing all Niddisdale to depend upon him, embraced the offer; whereupon a bond was form, and subscribed by them and these others, with divers of their friendship. This bond being negligently kept, fell into the hands of one johnston of Commertries who served the Lord Maxwell, and was by him carried to the Laird johnston, who resolving to dissemble his knowledge of the Bond, sent a Gentleman to learn of the Lord Maxwell himself, if any such friendship was made up amongst them as was noised in the Country. Maxwell at first denied that there was any such thing, but having miss the Bond, and suspecting the same to have fallen into johnstons' hands, he excused the matter by the Commission that was sent to him, saying, He must obey the King, and do as he was directed. johnston seeing whereto matters would turn, johnston preventeth the Lord Maxwell, and killeth Captain Oliphant. did associate to himself the Scots of Teviotdale, the eliot's and graham's of Eske, and hearing that Maxwell had levied some companies of horse and foot, and placed the foot company with their Captain called Oliphant in Lochmaben to attend his coming to Annandale, resolved to prevent him and cut them off, and so falling upon them unexpected, killed the Captain and divers of the soldiers. Some fled to the Church thinking to save themselves, but the same being set on fire, Maxwell invadeth Annandale. they came forth and rendered. Maxwell to repair his dishonour, gathered in haste as good as 2000 men, and entered into Annandale with displayed banner as the King's Lieutenant, intending to raze the houses of Lochwood and Lockerby. johnston not equalling his forces, kept aloof, and after the Border fashion, sent forth some prickers to ride, and make provocation. Against them a number went out of Maxwells' Army, who encountering with a great company were beaten and chased back to the stall or main host, which by their breaking in was wholly disordered. johnston, that stood in a piece of high ground, beholding the issue of the skirmish, took the advantage of their confusion, and breaking upon them, without any resistance made, put them all to flight. The Lord Maxwell, The Lord Maxwell killed 6. December. a tall man and heavy in armour, was in the chase overtaken and stricken from his horse. The report went that he called to johnston, and desired to to be taken, as he had some time taken his father, but was unmercifully used, and the hand that he reached forth cut off. But of this I can affirm nothing. There always the Lord Maxwell fell, having received many wounds. He was a Nobleman of great spirit, humane, courteous, and more learned than Noblemen commonly are, but aspiring, and ambitious of Rule: his fall was pitied of many, for that he was not known to have done much wrong in his time; and was rather hurtful to himself then others. The King took these news very hardly, The Lord Here is and Barons of the Country appointed to remain at Drumfreis. that his Warden a Nobleman bearing his authority should be cut off in such a manner; and he kept in such a business, what with Bothwel on the one hand, and the Popish Lords on the other, as he could not take journey to those parts; it grieved him exceedingly, always for quieting the Country, order was taken that the Lord Hereis, Drumlanrig, Lagg and some other Barons should abide at Dumfreis with their friends, and be ready upon all occasions to repress whatsoever stirs might arise. The 18. of january in a convention of Estates called at Halirudhouse the Earls of Angus, A Convention of the Estates. Huntley and Arroll were declared to have amitted the benefit of the Act of Abolition, because of their misregard of his Majesty's favour, and not accepting of the benefit offered, before the day prefixed. The Popish Lords declared to have lost the benefit of Abolition. The King had used divers means to gain them, and would gladly upon assurance of their good behaviour have winked at crimes past, but all was in vain, the Jesuits prevailing with their counsels, and feeding them still with hopes of foreign aid; whereupon charges were directed for entering their persons in ward, till trial was taken of the accusations laid against them. Angus was charged to enter in Blackness, Huntley in Dumbriton, and Arroll in the Castle of Edinburgh and Achindowne in Tentallon; but none of them gave obedience. Now the time of the Queens lying drawing near, the King went to Striveling where she than abode and remained with her until she was delivered upon the 19 of February of a son, An. 1594. about which time came the Lord Souche Ambassador from the Queen of England, The Queen delivered of a son at Striveling: The Lord Souche Ambassador from England. to complain of the King his lenity in proceeding against the Popish Lords: for she had seen the conditions granted them in November, and was highly displeased therewith. But when the Ambassador understood that they had lost the benefit of that grant in their own default, and that the King had proceeded so far as to make public Declaration thereof, he was satisfied, and insisted to have the sentence of forfeiture pronounced against them. This not proceeding with such haste as he desired, he fell to treat secretly with Bothwell, who was making new stirs, and had drawn numbers of all sorts to follow him; yea with some specials of the Ministry he found such credit, as both in their public Sermons, and otherwise by their private dealings, they did encourage people to join with them; Mr. Andrew Hunter Minister waiteth upon Bothwell as his Chaplain. and which did most offence the King, sent one Mr. Andrew Hunter a Minister to be his Preacher and attend him as a Chaplain; nor did their folly, or madness rather, subsist here, but even the moneys which had been collected in the Churches for the supply of Geneva, which was then in trouble, and deposed in the hands of Mr. james Melvill Minister of Anstruther, were given to Robert Melvill and George Strong, Bothwell prepareth of new to invade the King. two Captains, for levying Soldiers to assist him. Bothwell was then gathering new forces, and had appointed with the Earls of Argile and Athol to meet at Leith, for the banishing of the Popish Lords, and revenge of the Earl of Murray his slaughter (that was the pretext) and with them did the English Ambassador keep intelligence. This being discovered to the King, The Ambassadors dealing with Bothwell discovered. one of his servants, who had been spied in Bothwells' company, was committed in the Castle of Edinburgh. Being examined, he confessed, that by direction of his Master he had spoken with Bothwell, and Mr. john colvil, and that he believed they had some enterprise in hand, but what it was he knew not. The King perceiving by his Confession, that the Ambassador had a secret dealing with Bothwell, was greatly offended; yet because he would not seem to infringe the privileges of Ambassadors, after he had checked him with some sharp words, he dimitted his servant, and the Ambassador departed, the King not vouchsafing him a farewell. Bothwell in the mean time with the forces that he had gathered in the Borders, The Road of Leith. being about 400 horsemen, or thereby, advanced and came to Leith the 2. of April at 3 of the clock in the morning. The King Commanded the people to Arm. The King remained at the time in Edinburgh, not well accompanied, yet hearing that Bothwell was come so high he commanded the Citizens and those that were with him to arm. He himself going to Church, made a speech at the end of the Sermon to the people, for the removing the suspicions conceived of his favouring the Popish Lords: and recounting Bothwells treacherous attempts, desired them to remember that he was their King, to whom they owed all fidelity, and to consider in what case they themselves should be, if Bothwell with his Borderers, men given to theft and robbery, should get the upper hand. The hearers moved with his speeches, showed great forwardness, and went incontinent to arms. The Lord Hume was commanded to take the fields, and lead the horsemen that were in town; The King stayed with the foot, and before them marched the Canon, which was brought forth of the Castle, and making directly towards Leith. How soon Bothwell understood that the King's forces were marching, Bothwell removeth from Leith. considering he could not equal them in number, he removed from Leith, and dividing his men in three troops, took the way by Restalrig towards Dalkeith. The Lord Hume with the horsemen followed to observe what course he held, and the King with the foot removing to the other side of the town made his stand in the field, called the Borrow moor. The Conflict betwixt Bothwell and Hume. Hume with his company being advanced so far as Muddry edge, Bothwell turned upon him, and being far superior in horsemen, gave him the chase, which they that stood by the King perceiving, advised him to return into the town, but he refusing to stir, answered, That he would never quit the fields to a Traitor: yet the danger was great, and in the opinion of many, if Bothwell had taken his course directly to the King, and not pursued the chase so hotly, he might have carried the day; but in following, it happened his horse to stumble and fall to the ground, and he bruised with the fall was forced to retire. That night he went to Dalkeith, and on the morrow dissolved all his troops, which when Athol heard, he also went back into his Country. The Fife Captains with their soldiers arriving at Leith about midnight, when they understood how things had passed turned sail, and went sundry ways. This purpose so defeated, The Lord colvil and Mr. Edward Bruce directed to England. the King sent the Lord colvil and M. Edward Bruce to the Queen of England to complain of the misdemeanour of her Ambassador, and the resset that Bothwell found in her kingdom: In his letter to the Queen using a round plainness, he said, That although it had pleased her to commend the Ambassador she had employed, The King's letter to the Queen of England. for a wise, religious and honest man; yet he had in his opinion been fitter to carry the message of an Herald, than a friendly Commission betwixt two neighbour Princes. That he had seen nothing in him but pride, and wilfulness, and that therefore denying to give him any answer, he choosed to send the same by his own messengers; whom he desired her to credit as himself in all that they had in charge to deliver. For Bothwell, he said, That he wondered how notwithstanding of the many solemn promises made as well by her Ambassadors, as by letters of her own hand, that he should have no harbour within her Country, yet was he not only resset by her people, but suffered to reside in some of her proper houses, and had received a good sum of English money, wherewith he waged both Scots and English in this late treacherous attempt. To think this was by her direction or privity he would not, so far it was against all princely honour; on the other part, that she being so wise, and prudent a Prince, and having so long, and so happily governed her kingdoms, should be so slighted and contemned by a number of her subjects, as that such things should be done without her knowledge, it could hardly be believed; wherefore leaving it to herself to solve these doubts, he would only remember her of the promise made at the delivery of Ororick an Irish rebel, and desire her not to put him in balance with such a traitorous counterpoise, lest he should be constrained to say with the Poet, Flectere si nequeo superos, etc. This was the substance of the letter, The Commission given to the Ambassadors. the credit committed to them was to assure the Queen, That seeing the Popish Lords had not embraced the conditions offered, he should prosecute the Laws against them, proscribe their persons and confiscate their lands; and to crave of her, as one whom that cause equally touched, a supply of moneys, till either they were expulsed the Realm, or their persons apprehended and presented to justice. The Queen excusing the oversight given to Bothwell by the slow pursuit of the Popish Lords, The Queen of England's answer. and the favour showed to them, promised that from thenceforth he should find no more resset in her Country; and for pursuing the Popish Earls, the King should lack no supply that was in her power to give. The Queen dischargeth Bothwell his resset in England. With this answer did Mr. Edward Bruce return, for the Lord colvil went from that into France to congratulate the victorious and happy success of the French King against those of the League, and invite him to assist the Baptism of the Prince, which was to be in july next. The Queen of England immediately upon the Ambassador's return, An Assembly of the Church. by a Proclamation in all the Borders did inhibit the resset and harbouring of Bothwell, and the aiding of him in any sort; which the king did so kindly accept, as rendering her many thanks for the same, he did therewith entreat her to assist the Baptism of the Prince his son. The like employment Peter Young his Majesty's Elemosynar received for Denmark, the Dukes of Brunswick and Megleburgh and to the general Estates; Sir William Keith, and Captain William Murray the Provost of Saint Andrew's were directed. The Parliament being in the mean time indicted to the 27. of May, the Assembly of the Church convened at Edinburgh the seventh of the same month, where the Excommunication of the Popish Lords was ratified and ordained to be published in all the Churches of the Kingdom. The King did reside then at Striveling; and thither were Mr. Patrick Galloway, Mr. Robert Rollock, Mr. Patrick Simson, Mr. james Melvill, and Mr. james Nicholson directed by the Assembly to represent the dangers wherein his Majesty's Person, Crown and Liberty of the Country stood, and to propone such remedies as in their judgement were fittest for preventing the same. Both the one and the other were conceived in this form; The perils which oft before were threatened by the pernicious practices of Jesuits, Petitions directed from the Church to the King. and the malicious, unnatural and treasonable conspiracies of the Earl of Huntley, Arroll and Angus and their complices, in betraying their native Country to the cruel and merciless Spaniard, are no less urgent, and now more to be feared, then when the danger seemed to be greatest, as may appear by the reasons following. 1. It is certain that the Spaniard, A Remonstrance of the perils threatened to Religion. who with so great preparations in the year 1588. enterprised the Conquest of the whole Isle, retaineth the same intention, wanting an occasion only to accomplish his promise, as is manifest by the intelligence he hath kept with the Popish Lords, ever since the disputation of that Navy. 2. The open rebellion of the said Lords, at the bridge of De Falkland, etc. with their continuance in the like treasonable attempts, notwithstanding his Majesty's clemency in pardoning the same, doth evidence their obstinacy in prosecuting the same conspiracies. 3. Whereas the Church hath not ceased at all occasions to lay open these dangers, and humbly entreated that some remedy should be provided, nothing hath been obtained: to the emboldening of the enemies in their practices and attempts. 4. Notwithstanding, that it was enacted in Council, that none should presume to request for the said Popish Lords, under the pain of losing their places and Offices, yet none are in such credit as their favourers, who contrary to their promises labour still to procure them oversight and immunity. 5. The Masses openly celebrated in the house of Balgawy pertaining to Mr. Walter Lindesay, the house of Birneses appertaining to the young Laird of Bonyton, the houses of Douglas, Strathbolgy, Logyamont and Slams pertaining to the said Earls, do show, that either they think themselves assured of favour in the Court, or of such assistance in the Country, as may maintain their cause, or then that they are persuaded to be supplied by strangers. 6. The Act of oblivion offered to them, with the great discontent of all good subjects, would not have been rejected, except they had looked for greater favour and better conditions. 7. The disobedience they have showed in entering to their wards when they were charged, doth prove that they think themselves assured of the aid and concurrence of others. 8. The arriving of the Spanish Bark lately at Montrosse declareth, that they have some practice to be put in execution presently, if the same shall not be timely prevented. 9 The open conventions they keep since the arriving of the said Bark, do show that they esteem their plots so substantially laid, as they regard not what can be done for resisting the same. 10. The diligence they use in preparing, and putting their friends and followers in arms, specially in the North parts, is an argument of some enterprise they go about. 11. And last, whereas his Majesty and Estates did upon the first discovery of their plots and practices, apprehend a great danger to Religion; the King's Estate, and liberty of the Country; notwithstanding, that the cause is not removed, there is no care taken to withstand their courses, which declareth that there is either a purpose to cover, extenuate and bear forth their wickedness, or that the Lord hath in his judgement blinded and hardened the hearts of all Estates, that while the danger is greatest, they can neither see, nor apprehend the same. The remedies of the foresaid dangers were proponed, as followeth: 1. That the Parliament indicted to the 27. The remedies of the dangers. of the same month should not be prorogated, but the time thereof precisely kept, and the Popish Lords forfeited, and to that effect, the Advocate sufficiently instructed for maintaining the relievancy of the summons and probation in due time provided. 2. That none suspected in Religion be chosen upon the Articles. 3. That after the forfeiture, they be pursued with all extremity, their Lands and Rents annexed to the Crown, and no part thereof disponed in favours of the persons forfeited. 4. That the Guard be employed for apprehending Mr. Walter Lindesay, the Abbot of New-Abbey, james Wood of Bonyton younger, Mr. George Ker (who had made an escape out of the Castle the year before) Mr. Alexander Lesley, Thomas Tyrie and other Traffiquers and Jesuits. 5. That the houses of the Rebels be possessed, and their livings intrometted with, to his Majesty's use. 6. That all persons be inhibited to resset, supply or entertain any intelligence with the said Lords, especially their vassals and dependers, and that none under whatsoever pretext contravene the same. 7. That the subjects be charged to put themselves in arms by all good means, and be in readiness to pursue and defend, as they shall be warned by his Majesty, or otherwise upon urgent occasions. 8. That the Bark arrived at Montrosse be apprehended, and the persons that were within her, with such others as have had any dealing with them, and that they be examined diligently for the discovery of the practice they have presently in hand. Somewhat was adjected concerning the Lord Hume, The Lord Hume reconciled to the Church. but he compeiring in the same Assembly, gave satisfaction to the Church, and was absolved from the sentence of Excommunication. All the remedies the King allowed, promising how soon the forfeiture was past, to follow forth the same: Only at the 7. he took exception, where it was desired▪ that the subjects should put themselves in arms upon urgent occasions, for he had not as yet forgotten the stirs of the year preceding; and would have none to arm but upon his own warrant. Withal he sent Sir Robert Melvill, Instructions sent from the King to the Church and Assembly. and Alexander Hume of North Berwick with certain instructions to the Assembly; whereof one was, That they should inhibit the Ministers to utter any irreverent speeches in Pulpit against his Majesty's person, Council or Estate, under pain of deprivation: and because one of their number called john Rosse, had in a Sermon preached before the Synod of Perth, uttered divers treasonable and irreverent speeches of his Majesty, it was craved that they should censure him as his fault had deserved. Another was, That they should excommunicate Mr. Andrew Hunter, for the scandal he had brought upon their profession, he being the first open Traitor of their function against a Christian King of their own Religion, and their natural Sovereign. A third instruction was, That by Act of Assembly Ministers should be ordained to dissuade both by public and private exhortation, their flocks from concurring with Bothwell in his treasonable attempts, or any other that should make insurrection against the authority established by God in his Majesty's person. The last was assented unto and an Act made thereof, but the censure of the Minister Rosse was carried more slightly, and he only admonished to speak in time coming so reverently and discreetly of his Majesty, as there might be no just cause of complaint against him. Hunter was deposed from the Ministry, as a desertor of his flock, and one suspected to have joined himself with the King's rebels, but the excommunication was not pronounced. The Parliament did hold at the time appointed, A Parliament wherein the Lords are forfeited. yet because the Noblemen convened slowly, 3 or 4. days were spent without doing any thing. In end when by the excuses that divers made a greater number was not expected, they that were present assembled in the Parliament house, and keeping the form accustomed made choice of a number for the Articles of Noblemen, there were three Earls, and six Lords only present. Beginning was made at the summons of forfeiture, the Letters and blanks intercepted with Mr. George Ker presented, and the hand-writs cognosced by witnesses. Some question there was about the Blanks, and that which should have been insert in them, but the presumptions were so clear, as none would doubt what the subject should have been. Yet the Noblemen urged a delay of the trial to a more full convention: which the King would not admit, knowing what misinterpreting that would make, and so by pluralities of voices, the crimes of Treason were found to be sufficiently proved, and the sentence of forfeiture pronounced against the three Earls, and Achindown; their Scutcheons of Arms (as the manner is) torn by Herald, and they declared to have lost their honours, lands and estates for treasonable practices against the King, and their Native Country. In this Parliament divers Statutes were concluded, some in favours of the Church, and others very beneficial to the Country, as the Stature made for punishment of theft, robbery, and oppression; another against usury, and a third against buying of Pleas by Judges and other members of the Court of Justice. The next month passed in receiving the Ambassadors that came to assist the Baptism, which in the latter end of August next was performed with great solemnity, from England the Earl of Sussex was sent; the King of Denmark, the Duke of Brunswick, Megelbrugh, with the Estates of the united Provinces, had their 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 Marre accompanied with a number of Ladies took up the Prince, and delivered him to the Duke of Lennox, who presented him to the Ambassadors. Sussex as having the first place received him, and carried him in his arms to the Chapel, the rest marching in their ranks, and followed by the Ladies of honour, the Mistress nurse, and others of inferior note. Before them went the Lord Hume, carrying the ducal Crown, the Lord Levingston carried the Towel or Napkin, the Lord Seaton the Basin, and the Lord Semple the Laver. Above the English Ambassador there was a Pale or Canabie born by the Laird of Cesford, Buclerogh, Duddope and Traquier. The Prince's train was sustained by the Lords Sinclar and Urqhart. In this manner they walked toward the Chapel, a guard of the youths of Edinburgh well arrayed, standing on each side of the way, and the trumpets sounding. Being entered the Chapel, the King arose from his seat, and received the Ambassadors at the door of the Choir, 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, which were ordered in this manner: Upon the King's right hand a chair was set for the French Ambassador, but this was empty; next to him the Ambassador of Denmark was placed; on the left the English Ambassador and Legier did fit, and next after them the Ambassadors of Brunswick, Megelburgh, and the States; every chair had a tassel board covered with fine Velvet, and the Ambassador of England besides the others had office men standing by him to wait. The Service did then begin, and upon the end thereof, the English Ambassador arose and presented the Prince to the Bishop, who was appointed to administer the Sacrament. This was Mr. David Cunningham Bishop of Aberdene. The action finished, Mr. David Lindsey Minister at Leith, had a learned speech in French to the Ambassadors. After which they returned to the Chapel in the same order that they came. Then was the Prince laid upon a bed of honour, and his Titles in this sort proclaimed by the Lion Herald, Henry Frederick Knight and Baron of Renfrew, Lord of the Isles, Earl of Karrick, Duke of Rothsay, Prince and Stewart of Scotland: This done, certain pieces of silver and gold were cast forth at a window among the people, and a number of Knights created at night (for it was in the afternoon that the Baptism was ministered) The Ambassadors with their train, and the Noblemen present were royally feasted, nothing lacking 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 the strangers. Amidst these joys the King was not forgetting his own serious affairs, sent his Secretary Sir Richard Cockborne of Clerkinton to England, to desire the Queen's assistance in pursuing the Popish Lords according to the many promises made by the Lord Souche and Mr. Bowes that how soon he should enter into action against them she would have an honourable consideration of him and his burdens. And that now the sentence of forfeiture being pronounced, it concerned him both in honour and safety not to permit their longer stay in the Realm. For the support desired and quantity thereof, he was commanded to follow the instructions given to Sir Robert Melvill in his last Ambassage, and was enjoined to complain of one Mr. Lock his entertainment in the Court, who professed himself an Agent for Bothwell; as likewise of Mr. john colvil his public residence in Twedmouth. In the last points he received satisfaction; and shortly after, Mr. john Colwill wearied of Bothwells' courses, by mediation of friends obtained his pardon: But for the matter of moneys, divers shifts and excuses were made; only some part of the money was advanced, which was due otherwise to the King. In the beginning of September, the Ambassadors were dimitted with many thanks, nor were they sooner gone, than a new conspiracy was detected. Bothwell having joined himself with the Popish Lords, and received a part of the foreign gold sent to them, did undertake to raise such perturbations in the South parts, as the King should be compelled to relinquish the expedition he intended to the North; and if he could apprehend his person to carry him to Blackness, (the keeper whereof he had corrupted) and there detain him captive, till they might come and make their own conditions. This enterprise was concluded in an hostlary at the Church of Memmure in August; where Huntley, Arroll, Angus, Bothwell, Achindown and divers others, convened and subscribed a Bond, which was given in custody to Sir james Scot of Balwery. By the apprehension of Mr. Allan Orme servant to Bothwell, and some papers that were found with him, the whole purpose was discovered; which the King caused to be published, that people might see what trust was to be given to Bothwells' religion. This Gentleman's case at his dying was greatly pitied and much entreaty made aswell for him, as for james Cockram keeper of Blackness: but the clemency showed in former times to the followers of Bothwell was judged so hurtful, as the King against his nature was compelled to use rigour. Thus the two Gentlemen were condemned, and executed in the public street of Edinburgh in the beginning of October. Immediately after, the Parliament upon intelligence had arrived in the Bark at Montrosse, and brought with them some gold for supply of the Popish Lords, Commission was given to the Earl of Argile and Athol, the Lord Forbes and a number of Barons to go and expulse them forth of the Country. But Argile being young, and the rest declining the employment till his forces or he himself should take the fields, nothing was done. Whereupon Mr. Robert Bruse taking with him Mr. james Balfour made a journey to Argile, and partly upon promises of recompense from the Queen of England, partly upon hopes given that the lands of the Rebels should be at his bestowing, persuaded the Earl to undertake the Commission. So gathering his forces he set forward about the end of September, and travelling through the mountains came to Badenoch the 27. of that month, where he laid siege to the Castle of Ruthven, but this was by the Clampherson so strongly defended as he was forcedto leave the siege & turn unto the Lowlands for joining with the Lord Forbes, the Lairds of Balqhain, Drum, and Mackenze, who were all preparing to meet him. In his own company was the Lairds of Tillibarden, Grant, Macklain, Mackintosh, Clangregory, and Mackneill of Baray with their friends and followers, reckoned in whole to 10000 and above. Huntley advertised of his coming did resolve to fight him before his joining with Forbes and those of the Inland, and was thereunto encouraged by the Earl of Arroll, who brought with him a small number of five or six score at most, but resolute Gentlemen all. They of Huntleys' part were thought not to exceed 900. With this small number did he adventure, marching the first day from Strathbolgie to Achindowne, where he encamped the second of October, Captain Ker that had served him many years, a man of good experience, being sent the next morning to try what way Argile took, did quickly return, and show that the enemy was at hand. The two Earls hereupon diving their forces, Arrol took the leading of the Vanguard wherein were 300. the rest abode with Huntley and made the battle. How soon the forces came in sight one of another, Argile was somewhat troubled, for he was made to believe he should see no enemy, yet trusting to his numbers he command Macklain who had the leading of his Vant to advance, he himself keeping the advantage of the ground, made the army stay on the side of a hill which was full of moss and bogs. Huntley he carried with him certain Field pieces wherewith he played upon them in his approach, and therewith put them in great confusion, for the Highlanders casting themselves on the ground, as their custom is, could hardly be raised so long as they heard the noise of the Ordinance. Arroll perceiving this made to give the charge, but by reason of the steep ascent he was driven to make a little compass turning his side to the adversaries, who by that time were got on foot and resuming a new courage did rain upon Arroll and his men in their passing such a shower of darts and arrows, that as they affirmed who were present, for the space of a quarter of an hour the light of day was palpably eclipsed. Achindown was at this time killed and Arroll dangerously wounded in his arm and and leg, many had their horses killed, and were compelled to take them to their feet. Macklain whose number were greater environing Arroll and his company held them so engaged betwixt himself and Argile, as they had been all cut in pieces if Huntley had not with speed come to their relief. But he perceived the danger and charged with such fury as the Vant and many of both Armies being joined they entered into a cruel fight, which continued almost two hours; in the end Argiles men were disordered and put to rout, the Earl himself laboured all he could to rally them again together, but it would not be, so amazed they were as without once looking back down they went to the other side of the hill with all the speed they could make. Macklain with a few Isles men stood long unto it after the rest were gone, and retired in good order with the small company he had; Huntley pursued the chase to the foot of the hill, though the steepness of it be such that a man can scarce walk down it on foot, but the eagerness made all dangers forgotten: There in a little bourn or brook called Alwhaunachy he had his horse killed, and before he could be again mounted the enemy was gone to another hill whereas horsemen could not follow, and so the chase ceased. In this conflict Argile lost two cousins, Archibald campbel of Lochinzell, his brother james campbel, Mackneill Baray and about 700 common-souldiers, on Huntleys' part besides his uncle Achindown 12 only were killed, but many were hurt and wounded. This fight happened on Thursday the 3 of October 1594, and is called by the Country people the battle of Glenlivat, albeit it was fought on a hill three quarters of a mile distant. The victory fell happily on Huntleys' side for the Country people, who should otherwise been miserably spoiled, if Argile with his forces had prevailed. The Lord Forbes with the Lairds of Bughan and Drumchat were advancing to assist Argile; upon advertisement of his defeat and that he was turned back, made after him, thinking to persuade him return. But by the way a gentleman of the name of Irwyn being killed by the shot of a Pistol in the dark of the night there entered such a distrust and jealousy amongst them, none knowing who was the doer, as presently they separated and went home. The King had the news of Argiles defeat brought him to Dundee, which made him hasten his journey to the North. The 16 of October he came to Aberdene, where council was taken for demolishing the houses of Strathbolgy, An. 1595. Slains and Newton. In this service the Earl of Martial was employed, having some Companies of horse and foot allowed him till the same was accomplished. Huntley and Arroll during that time did lurk in Sutherland, thinking how soon the King returned Southto come back into their Countries; but the Duke of Lennox being left Lieutenant in those parts by the counsel and assistance of those that were appointed to attend him, put them to such extremity as they made offer to depart forth of the Realm, and laid surety neither to return without his Majesty's licence, nor to practise against Religion and the State whilst they stayed abroad. It was debated a while, whether or not such a capitulation might stand with the King's honour, and his Majesty being thereupon consulted in regard of the many difficulties that pressed him in the time, and that it made for the quietness of the kingdom to have them put away, the surety offered was accepted; which done, the Duke of Lennox having stayed in those parts three months returned about the third of February to Edinburgh. Bothwell now was in miserable plight being hated of the Queen of England for his combining with the Popish Lords, Excommunicated by the Church and forsaken of his fellows, especially M. john Colvell, who had followed him in all his troubles, and knew the places of his resset; for he had made his peace, and (as the rumour went) betrayed Hercules Stewart Bothwells brother, who the same time was executed publicly in the street of Edinburgh. These things did so increase his fears, as not knowing whom to trust he stole away privately to France. The King hearing that he was gone and had taken land at New haven in Normandy, sent a Gentleman to the French King to demand him as one who was declared a traitor: and if that was denied, to desire that he might be banished France. The answer of the French King was, That he should give him no Countenance; but since he had taken his refuge thither, he could not but suffer him enjoy the free air of his Country. Some months he remained there, till either wearied of the bad entertainment he found; or, as it was said, for challenging a Gentleman to combat against the King's edict, he was forced to quit those parts and fly into Spain; from thence he went to Naples, where he lived in a poor estate unto his death, which happened some years after the King his going into England. How soon Bothwell was gone, The bond betwixt the Popish Lords and Balwery exhibited. all his followers did sue for pardon: Sr. james Scot of Balwery offering to exhibit the bond made at the Church of Menmore betwixt Bothwell and the Popish Lords, which he had in custody, was brought before the Council, and having produced the same, laid open all their plots. By his deposition it appeared that Sir james Douglas of Spot was the principal worker of that agreement. Whereupon the Ministers of Edinburgh were called, Sir james Douglas of Spot excommunicated. and the bonds showed unto them bearing a mutual concurrence in all things, Religion not excepted. Whereupon they were desired to pronounce Spot excommunicated as one that had made defection from the truth, and was otherwise suspected of heinous crimes; but they excusing themselves, the Commissioners of the general Assembly were called to meet at Striveling, who after some debating, the sentence was pronounced against him. Balwery after a few days imprisoned, was set at liberty and remitted, but never prospered after that time, and ruined his house utterly, for an ensample to all that will be meddling with factious and seditious Rebels. The year following an Assembly of the Church was kept at Montrose in the month of june, An. 1695. An assembly of the Church at Montrose. where the Commissioners for the King did urge these Articles. First, Whosoever did meddle or practise in any treasonable enterprise against his Majesty's person and estate being found and declared culpable by law, they should likewise incur the sentence of Excommunication, Articles sent from the King to the Assembly. that so there might be an inseparable union betwixt the two swords. Secondly, that no Excommunication, should be pronounced at the appetite of particular men, but that a sufficient number of the Church should be first Assembled, and the same determined by public consent. Thirdly, That none should be Excommunicated, for civil causes, crimes of light importance, or particular wrongs of Ministers, lest the censure should fall into contempt and become like the Pope's cursing. Fourthly, That no summare Excommunication should be thenceforth used, An. 1595. but that lawful citation of parties should go before in all causes whatsoever. To the first the Assembly agreed with the clause Legitimâ cognitione Ecclesiasticâ praeeunte. The Assemblies answer. To the second they likewise condescended. But to the third and fourth they answered, that those being points of great weight and craving a mature deliberation, could not on the sudden be determined; and so continued the resolution thereof to the next Assembly, discharging in the mean time any summary Excommunication to be used, with this exception, Nisi salus ecclesiae periclitetur. The exception displeased the King, for he thought it would serve the turbulent sort for a colour to all their proceedings. But there fell out in the mean time a business which made all these things be forgotten. The Queen seeketh to have the Prince in custody. The Queen moved by some that envied the Earl of Marre his credit, laboured to have the Prince her son in her own custody and had drawn the Chancellor and divers of the Council to promise their assistance. Advertisement given of this to the King, who was then at Falkland, he came to the Queen at Halyrud-house, and inhibiting any of the Council to come towards him till he should call them, dealt so with the Queen that he diverted her from that course, and made her go and remain at Striveling. The King diverteth her from that course. How soon she was gone, calling the Chancellor and such of the Council as were suspected to have suffered her in those conceits, he showed himself much displeased, and chiding them bitterly followed the Queen to Striveling, where he remained not long but returning to Falkland left to the Earl of Marre a Warrant written with his own hand, and conceived in this form. The King's letter to the Earl of Marre for receiving the Prince. My Lord of Marre, because in the surety of my son consisteth my surety, and I have concredited unto you the charge of his keeping upon the trust I have of your honesty, this I command you out of my own mouth being in the company of those I like otherwise for any charge or necessity that can come from me you shall not deliver him. And in case God call me at any time see that neither for the Queen nor Estates their pleasure you deliver him till he be 18 years of age, and that he command you himself. Striveling the 24 of July 1595. This warrant as it showed the King's displeasure at those that had combined in the plots, so it declared the great trust he put in the Nobleman. Shortly after the Chancellor taking to heart the King's offence contracted a hearty sickness at his house of Lawder, The Chancellor contracteth sickness and dieth. and sending his Cousin the secretary to the King who remained then at Hamilton, did by him excuse the dealing in that matter, and with a solemn protestation of his fidelity in all his Majesty's services, seriously commend his Lady, children and friends, now that he was to end his life, to his Majesty's protection. The King was much troubled with the news, and wrote unto him with his own hand the letter following. The King's letter to the Chancellor. Chancellor, how sorry I am of these news I leave it to yourself to judge, I was never a dissembler of my affections. And yet I trust that God will not spoil me of you so untimely; Therefore will pray you, so far as you may, with a valiant heart resist the assaults of your sickness, hoping in the goodness of my fortune that God will reserve you yet to me as Hezekiah was to his people, for the necessity between Prince and subject is reciproque, nor can any sickness how heavy soever it be take away the life, if God cut not the threads thereof. As to your suits, if God calls you, I need no remembrance: for since I made you a pattern of my constant favour during your life (as yourself hath oft time said) I am much more bound of Princely duty to make your wife and posterity that bears your image a vive representation of my thankful memory. And to comfort you in this, remember what I have done to the Duke, and my Lady Huntley, for their father's sake. This may assure you that in case of the worst (which God forbid) your thoughts shall be prevented herein by my thankful behaviour to them; and for your cousin the Secretary, he shall be the better at my hand in losing you. But I green to hear better news: And if time and distance of place could have permitted me in any way, I should not have spared to have carried my own message myself. God send you your health, and keep you to me, and to your Native Country. This showed in what account the King held him! The Chancellor his qualities. and in truth he deserved nothing less; for he was a man of rare parts, and of a deep wit, learned, full of courage, and most faithful to his King and Master. In that last business which the Queen went about of taking the Prince from the Earl of Marre, he was consenting; (for the two Noble men had their private emulations, but it was ever with a reservation of his Majesty's pleasure.) No man did ever carry himself in his place more wisely, nor sustain it more courageously against his enemies than he did. Being visited in his sickness by Mr. Robert Bruce, and the Ministers of Edinburgh, he expressed a great contempt of the world, and of the vanities of it, lamenting that he had not done the good which he would and might have done in his place, being impeded as he said by the malice of his adversaries, who were ever plotting his death and ruin. Two months he continued under that languishing sickness, and ended his days most happily the 3. of October, 1595. The King did greatly lament his death, and honoured him with this Epitaph. Thou passenger that spies with gazing eyes This Trophy sad, His Epitaph written by the King. of deaths triumphant dart, Consider when this outward Tomb thou sees, How rare a man leaves here his earthly part. His wisdom, and his uprightness of heart, His piety, his practice of our State, His quick Engine so versed in every Art, As equally not all were in debate. Thus justly hath his death brought forth of late, An heavy grief in Prince and Subjects all, That virtue love, and vice do bear at hate, Though vicious men rejoices at his fall. So for himself most happy doth he die, Though for his Prince it most unhappy be. Others for all this spared not to express their malice in Libels and Rhythms after his death; some whereof were cast in the King's Chamber at Linlithgow and other places: but as the Authors were not known, so were the Rhythms despised and contemned by all good men. His body was some days after conveyed to Hadington, and solemnly interred in the Sepulchre of his fathers. This year was by the vulgar people reckoned among the ill years, Great death of Corns, and great bloodshed in the Country. because of the dearth and scarcity of Corns, which the abundance of winds in the Harvest time had caused, yet for the bloodshed and slaughters committed in all quarters of the Country was it more justly to be so accounted; For in the South parts the johnston's and Maxwells had a bloody conflict, wherein divers were killed; the greatest loss falling upon the Maxwells that went from the West parts besides Glasgow, to assist their friends in the South. In the Isles and Highlands were likewise great troubles: nor was the Incountrey more quiet, bloods and slaughters daily falling out in every place. Among which none was more odious than the slaughter of David Forrester Citizen of Striveling, David Forester Citizen of Striveling treacherously betrayed. killed as he was returning from Edinburgh by some that lay in wait for his life. The Lairds of Arthur and Dunnypearce, were thought to have hounded out the committers upon a spleen conceived against the Gentleman for the credit he had with his Master the Earl of Marre: for no other quarrel could be pretended. The Nobleman taking this greatly to heart, caused to bring the body of his servant to Linlithgow, (for he was killed nigh to Linlithgow) & with his whole friendship conveyed the same to Striveling there to be interred, carrying along the portrait of the dead with the wounds he had received in a white sheet, to move the beholders, to a great detestation of the fact. The Corpse buried, & the Earl following the course of Law, the Lords Levingston and Elphingston did party the Committers. And though the King by his Proclamation did prohibit the assisting either of the pursuit or defenders, commanding Justice to be done, nothing could take effect in that troublesome time; so powerful was the combination of parties. But that which by the ordinary way of Justice could not as then be required, we have since visibly punished in the fall and ruin of those Families, for a lesson to all men to fly and abhor the shedding of innocent blood. The year preceding the King had directed, as we showed, Sir Richard Cockborn of Clerkington his Secretary to England, and amongst other instructions willed him to urge the payment of the moneys which the Lord Souch and Mr. Bows the Queen's Ambassadors had often promised. A Commission to eight of the Council to rule the Exchequer. Wherein finding nothing but delays, and his necessities daily growing, he resolved to look to his own estate at home, and order his revenues to the best profit. For this effect he made choice of eight persons to rule the affairs of the Exchequer. These were Alexander Lord Urqhart, Precedent of the College of Justice, Walter Commendator of Blantry, Lord Privy Seal, Mr. David Carnegy of Colluthy, Mr. john Lindersey Parson of Menmure, and james Elphingston of Ennernathie, Mr. Thomas Hamilton of Dummany, Mr. john Sken Clerk of Register, all Senators of the College of Justice, and Mr. Peter Young of Seaton his Elemosynar. To these eight or any five of them was entrusted the full and free administration of the whole Rents and Duties pertaining to the Offices of Controllery and Collectory, The tenor of the Commission. resigned and committed by the four Officers in his Majesty's hands, with power to deprive and discharge all inferior Chamberlains, Under-collectors, Customers, Secretaries, Intrometters whatsoever, with any of the said Rents, all inferior Clerks of the said Offices, and to appoint new Clerks, Receivers and Intrometters with the same (excepting only the Office of the Clerk of Register his fees) privileges, and other commodities belonging to him or any of his Predecessors, to hear and exact account of Steward, Sheriffs, Bailiffs, Provosts of burgh's, Customs, Clerks of Cockquet, Searchers, Chamberlains, Receivers, Factours and Intrometters, with the Farms, Males, Profits and Duties, Caves, Customs, Fishing, Cole-houses, Parks, Steadings, Orchards and other Rents of the property annexed of old and of new, or unannexed and belonging any way to the Patrimony of the Crown, as also to hear the unmade accounts of the Treasurer and his Deputies, the General and Warden of the Coin, and Taskmen and labourers of the Mines and Metals, the Collectors of the Taxation, the Master of the Wardrobe Jewels and moveables, the Master of the work, the munition and plenishing of Castles, the Monk's portions, the payment of the Guard and men of War, the rents of Colleges, Hospitals, Schools and Students, the common good of burgh's, the Dowry of whole moneys appertaining to the King, as well within the Realm as coming from other parts, and to allow or refuse allowance thereof, as they should find meet; with power likewise to appoint and set Fines and Penalties for offences, to make and set down the prices of Wines, Victuals and Corns, yearly to put an order to his Majesty's house, and Esquiery and stable, and make provision therefore; to repair the decayed Customs, appoint the Order of uplifting the same, and to rowpe and set them to the best profit; to consider the state of the present Coin, and therein direct what they should think requisite to assist the Treasurer and the Compositors in the expeding of signators, and that without advice nothing should pass; to examine the diligence of Sheriffs and other inferior Judges with their Officers, and negligence to correct and punish the faults of Officers of Arms; to compone, transact or uplift the escheats of persons denounced to the horn; and generally to do and perform all things proper to the Exchequer, they enoying such places in Council, and Parliament, as the Officers thereof had in former times with all the power, privileges, honours and immunities that belonged thereto, either by Acts of Parliament, or by consuetude of the Realm. The King did further promise in verbo principis not to join any more to the present Commission at any time hereafter; The King his promise to the Commissioners. and in case a place fell void by decease of any of the present Commissioners, to receive and admit none, but by advice and consent of those that remained alive, as also not to sign any letter or signatour concerning the disposition of any of the rents of property, collectory, or new augmentations, confirmatives or ratifications of any former gifts, dispositions, pensions, or infestments or licenses for transporting of forbidden goods, unless the same were first heard, allowed and subscribed by the said Lords, or any five of them sitting in Council by way of Action, Exception or Reply, notwithstanding the Seals were appended thereto. The keeper whereof were discharged to append any signet or seal, except the letters or signatures were subscribed in manner above rehearsed, under the pain of losing their offices. Moreover, it was declared that the said Lords should have power to direct letters of horning, poinding and caption upon their own acts and decretes, and that no suspension of any charges for ingathering any part of the Patrimony should pass, except in Exchequer or Session three of the said Lords subscribing the same. The Lords again made faith, The Commissioners make faith. That the next unto God, and good Conscience they should in all things respect his Majesty's weal, honour and advancement of his revenue, and neither for tenderness of blood, commodity to themselves, awe or fear of any person consent to the disposition of any part of the patrimony, whereby his Majesty's profits might be diminished, and that they should not give their consents severally, but being assembled, at least five of them, in Exchequer, under protestation that the accepting of the said Commission should not be a reason of declining them in Action that concerned his Majesty, seeing they did neither receive fee, nor were intrometters with any part of the rents, but only directed the receivers and collectors of the same. This Commission approved by the Lords of Council, Exception taken at the ampleness of the Commissioners. was published at the market Cross of Edinburgh the 12 of january 1595. divers excepting at the ampleness of it, and saying, That the King had left nothing to himself but the naked title of a King, and put all his power and means in the hands of others, so as subjects were to expect no benefit nor reward from him. The Courtiers, they especially of the bedchamber, did grudge exceedingly, The Commissioners possess themselves with offices of Estate. that all occasion to do good to themselves or their friends was this way cut off. Nor was it long before these Commissioners became extremely disliked, partly for their strict dealing with the subjects, and partly for drawing all the offices into their own hands. Beginning was made at M. David Magill Advocate, whom they pressed to dimit and resign his office by reason of his age and imbecility as they pretended, and when by no persuasion he could be moved unto it, they did associate with him in office M. Thomas Hamilton one of their own number; which bred him such a grief, as shortly after he ended his days. Next they fell upon the Master of Glamys Treasurer and his deputy Sir Robert Melvill, and by examining their accounts found them liable in such sums to the King, as to obtain a Quietus est they were glad to resign the Treasurer, which was bestowed on the Prior of Blantyre: Then did they labour the Secretary Sir Richard Cockborne to resign his place, and exchange it with the office of Privy Seal, which Blantyre had dimitted in favour of Mr. john Lindesey. This was easily effected, the gentlemen not liking to contend or fall in question with them. The office of the Collectorie, resigned by the Provost of Linclowden, was given to Mr. james Elphinston. The Precedent they intended to make Chancellor; but to this the King would not condescend, knowing how he stood affected in Religion, and that his preferment to that chief place would open the mouths of the Ministers, and raise a clamour in the Country. These proceedings did work them much hatred, and (as is the lot of those that rule in Estates) whatsoever was amiss, they carried the blame albeit in many things they were innocent. The next year begun with a trouble in the borders, An. 1596. which was like to have destroyed the peace betwixt the two Realms, and arose upon this occasion: The Lord Scroop being then Warden of the West-Marches of England; and the Laird of Baclugh having the charge of Liddisdale, they sent their Deputies to keep a day of Truce for redress of some ordinary matters. The place of meeting was at the Dayholme of Kershop, where a small Brook divideth England from Scotland, and Liddisdale from Bewcastle. There met as Deputy for the Laird of Baclugh, Robert Scott of Hayninge; and for the Lord Scroop, a Gentleman within the West Wardenrie, called Mr. Salkeld. These two, after truce taken and proclaimed, as the custom was, by sound of Trumpet met friendly, and upon mutual redress of such wrongs as were then complained of, parted in good terms, each of them taking his way homewards. Mean while it happened one William Armstrong, commonly called Will of Kinmouth to be in company with the Scottish Deputy, against whom the English had a quarrel for many wrongs he had committed, as he was indeed a notorious thief. William Armstrong called Will of Kinmouth, taken Prisoner. This man having taken his leave of the Scots Deputy, and riding down the River of liddel on the Scotish side towards his own house, was pursued by the English that espied him from the other side of the River, and after a chase of three or four miles, taken prisoner, and brought back to the English Deputy, who carried him away to the Castle of Carlisle. The Laird of Baclugh complaining of the breach of truce (which was always taken from the time of meeting unto the next day at sun rising) wrote to Mr. Salkeld, The Laird of Baclugh complaineth of the breach of truce. and craved redress; he excused himself by the absence of the Lord Scroop; whereupon Baclugh sent to the Lord Scroop, and desired the prisoner might be set at liberty without any bond or condition, seeing he was unlawfully taken. Scroop answered, that he could do nothing in the matter, it having so happened, without a direction from the Queen and Council of England, considering the man was such a Malefactor. Baclugh loath to inform the King of what was done, lest it might have bred some misliking betwixt the Princes, dealt with Mr. Bows the Resident Ambassador of England for the Prisoners liberty, who wrote very seriously to the Lord Scroop in that business, advising him to set the man free, and not to bring the matter to a further hearing; but no answer was returned: the matter thereupon was imparted to the King, and the Queen of England solicited by Letters to give direction for his liberty; yet nothing was obtained: which Baclugh perceiving, and apprehending both the King and himself as the King's officer to be touched in honour, he resolved to work the Prisoner's relief by the best means he could. And upon intelligence that the Castle of Carlisle, No satisfaction made, Baclugh sets the Prisoner at liberty. wherein the Prisoner was kept, was surprisable, he employed some trusty persons to take a view of the Postern-gate, and measure the height of the wall, which he meant to scale by ladders; and if those failed, to break through the wall with some iron instruments, and force the gates. This done so closely as he could, he drew together some 200 horse, assigning the place of meeting at the Tower of Morton, some ten miles from Carlisle an hour before sunset. With this company passing the water of Esk about the falling, two hours before day he crossed Eden beneath Carlisle bridge (the water through the rain that had fallen being thick) and came to the Sacery, a plain under the Castle; There, making a little halt at the side of a small Bourn which they call Cadage, he caused 80 of the company to light from their horses and take the ladders and other instruments which he had prepared with them, he himself accompanying them to the foot of the wall, caused the ladders to be set to it, which proving too short he gave order to use the other instruments for opening the wall nigh the Postern, and finding the business like to succeed, retired to the rest whom he had left on horseback for assuring those that entered upon the Castle against any eruption from the Town. The Castle of Carlisle surprised, and the Prisoner freed. With some little labour a breach was made for single men to enter, and they who first went in brake open the Postern for the rest; the watchmen and some few the noise awaked, made a little restraint, but they were quickly repressed and taken captive, after which they passed to the Chamber wherein the Prisoner was kept, and having brought him forth, sounded a trumpet, which was a signal to them without that the enterprise was performed. My Lord Scroop and Mr Salkeld were both within the house, and to them the Prisoner cried a good night. The captives taken in the first encounter were brought to Baclugh, who presently returned them to their Master, and would not suffer any spoil or booty, as they term it, to be carried away: he had straight forbidden to break open any door but that where the Prisoner was kept, though he might have made prey of all the goods within the Castle, and taken the Warden himself captive; for he would have it seen that he did intend nothing but the reparation of his Majesty's honour. By this time the Prisoner was brought forth, the Town had taken the Alarm, the drums were beating, the bells ringing, and a beacon put on the top of the Castle to give warning to the Country. Whereupon Baclugh commanded those that entered the Castle and the Prisoner to horse, and march again by the Sacery, made to the River at the stony bank: on the other side whereof certain were assembled to stop his passage, but he causing sound the Trumpet took the River, day being then broken, and they choosing to give him way he retired in order through the graham's of Esk (men at that time of great power and his unfriends, and came back into Scotish ground two hours after sunrising, and so homewards. This fell out the 13 of April 1596. The Queen of England greatly offended with the enterprise. The Queen of England having notice sent her of what was done stormed not a little, one of her chief Castles surprised, a prisoner taken forth of the hands of the Warden and carried away so far within England, she esteemed a great affront. The Lieger M. Bows in a frequent Convention kept at Edinburgh the ●2 of May did, as he was charged, in a long Oration aggravate the heinousness of the fact, concluding that peace could not longer continue betwixt the two Realms, unless Baclugh were delivered in England to be punished at the Queen's pleasure. This matter debated in Council. Baclugh compiering and charged with the fact made answer, That he went not into England with intention to assault any of the Queen's houses, or to do wrong to any of her Subjects, but only to relieve a subject of Scotland unlawfully taken and more unlawfully detained; That in the time of a general assurance in a day of truce he was taken prisoner against all order, neither did he attempt his relief till redress was refused; and that he had carried the business in such a moderate manner as no hostility was committed, nor the least wrong offered to any within the Castle: yet was he content according to the ancient treaties observed betwixt the two Realms, when as mutual injuries were alleged, to be tried by the Commissioners that it should please their Majesties to appoint, and submit himself to that which they should decern. The Convention esteeming the answer reasonable did acquaint the Ambassador therewith, and offered to send Commissioners to the borders with all diligence to treat with such as the Queen should be pleased to appoint for her part. But she not satisfied with the answer refused to appoint any Commissioners; The trouble quieted by Baclugh in England. whereupon the Council of England did renew the complaint in july thereafter, and the business being of new agitated it was resolved of as before, and that the same should be remitted to the trial of Commissioners: the King protesting, That he might with great reason crave the delivery of the Lord Scroop for the injury committed by his deputy, It being less favourable to take a prisoner then relieve him that is unlawfully taken; yet for the continuing of peace he would forbear to do it, and omit nothing on his part that could be desired either in equity, or by the laws of friendship. The borderers in the mean time making daily incursions one upon another filled all their parts with trouble, the English being continually p●t to the worse; neither were they made quiet till for satisfying the Queen the Laird of Baclugh was first committed in S. Andrews, and afterwards entered in England, where he remained not long. At the same time for bringing the Isles to obedience Colonel Steward was employed to levy 1000 men, Col. Stewart designed Lieutenant for the Isles. every shire furnishing 20 horsemen and 30 foot, or so much money as would sustain them, allowing the horsemen 24 pounds monthly and the foot 12 pound, besides the supply of the free burghes. These companies were appointed to meet at Dumbalton the 20 of August for aiding the King or his Lieutenant for the space of 40 days according to the customs, and when the days were come were commanded to follow the Colonel as designed Lieutenant assigned by the King. But upon the bruit of this expedition the principals of the Isles did all submit themselves, offering obedience to appear before the King at the time his Majesty should appoint: so that expedition ceased, the Colonel going no further than Ila, where he remained a few days and took assurance for their appearance. In the March preceding the Assembly of the Church convened at Edinburgh for consulting upon the dangers threatened to religion by the invasion of the Spaniard, An Assembly of the Church at Edinburgh. which was then generally noised. Some brethren directed to lay open the perils to his Majesty returned with this answer; That albeit there was no great cause to fear any such invasion at that time, yet they should do well to give their advice as if the danger were at hand, which would serve when necessity did require. The Assembly upon this thought meet to enter into consideration both of the dangers and remedies, A search of the causes of the present fear of invasion. and first to inquire upon the causes that had provoked God to threaten the Realm with that tyrannous Nation, to the end the same might be removed; then to deliberate how by ordinary lawful means the enemy should be resisted. The causes they condescended to be sins of all estates, and especially the sins of the Ministry; which they held best should be penned and drawn to certain heads, that the corruptions being laid open the remedies might be the better provided. For this work some of the brethren were named & set apart, who after a day or two presented in writing a number of Articles touching the corruption of Ministers as well in their offices as in their lives and manners; the offences in the King's house; in the Court and in the Judgement seats; the defection and faults commune to all estates; and the remedies which in their opinion were fit to be used. The Assembly allowing their labours and acknowledging their own guiltiness in that which concerned themselves, A new Covenant made by the Ministers for abiding to the profession of the truth and living according to the same. ordained a day of humiliation to be kept on Tuesday the week following by the Ministers that were there present, for reconciling themselves to God, and making up a new Covenant for the better discharge of their duties. This is the Covenant that by some is so often objected and said to be violated by those that gave obedience to the Canons of the Church, albeit in it there is not a word or syllable that sounds either to confirming of the Church government then in use, or to the rejecting of that which since hath been established. But when other Arguments fail them, somewhat must be said to entertain the conceits of the popular. By this Covenant all did bind themselves to abide in the profession of the truth, and to walk according to the same as God should enable them. But for the rules of policy or ceremonies serving to good order or decency, let inspection be taken of the Register which is extant, and it shall plainly appear, that at the time there was not so much as any mention thereof made. But to proceed; Advice for resisting the enemies of Religion. The advices they gave for resisting the practices of the enemy was, That all who had kithed in action with the Popish Lords should enter their persons in ward, till assurance was given that they should neither keep intelligence with the Rebels, nor join with them in case they did return into the Country. That the rents and livings of the Rebels should be uplifted for entertainment of soldiers, and supporting other necessary affairs. That in every Parish Captains should be chosen for the mustering and training of men in Arms, and some Commanders in every Shire appointed for convening the County at needful occasions. Lastly, that they who were Sureties for the good behaviour of the Rebels without the Realm should be called, and to pay the sums contained in their bonds. This advice presented to the King went much against his mind; The King desireth to have the Noblemen reclaimed. for his desire was to have the banished Lords reclaimed and brought to obedience, which he esteemed to be the greatest assurance both of his own peace and the Country's quiet; therefore did he only answer, That if it could be proved that the Lords since their departing from Scotland had trafficked with strangers to the prejudice of Religion or State, they should be used with all extremity; but otherwise neither could their Cautioners be convicted, nor would he change the course which he had kept with their wives and children. He communicated his mind with M. Robert Bruce. Not long before this Assembly, the King had communicated his mind to Mr. Robert Bruce touching that business, hoping that by the sway he carried in those meetings some such Propositions as tended to the reclaiming of the banished Lords should have been made by the Assembly; but finding his expectation not answered, he broke to him the matter of new, and showed how greatly it concerned his estate to have them reduced and called home; That the Queen of England was grown old, and if any should after her death withstand his Title, he would have need of his subjects assistance. And that having so many Nobles exiled he would be less respected of strangers, and be a great deal weaker at home. If he could therefore win them to acknowledge their offence, and so embrace the true Religion (without which they should never get any favour from him) he believed the course would not be disallowed of wise men, and those that loved him. Always he desired to know his judgement, for as yet he had not showed his mind in that matter to any person. Mr. Robert Bruce, being as then in great favour and credit with the King, M. Robert Bruce his answer and advice. said that he did think well of his Majesty's reasons; and that he should not do amiss to bring home Angus and Arroll, so as they would conform themselves in Religion. But that Huntley could not be pardoned being so hated as he was of the subjects. The King reasoning to the contrary, that if Huntley be willing to satisfy the Church and fulfil the Conditions which he would require of him, he saw no reason why he should not be received as well as the other two; The King reasoneth with him to the contrary of his advice. And as he could not but know that his care of that man was great; and he having married his Cousin, whom he accounted his own Daughter; so was he the man of greatest power, and one that could stand him in most stead. Therefore desired Mr. Robert to think of that matter, and after a day or two give him his advice in it. At the next meeting being enquired what he had thought of the business, he answered as before, saying, That Huntley's return would be ill interpreted, and offend all good men. The King repeating the former Reasons, and adding. That if he brought one home he would bring them all; Mr. Robert's saucy Reply to the King. he replied, I see Sir that your resolution is to take Huntley in favour; which if you do, I will oppose, and you shall choose whether you will lose Huntley or me; for us both you cannot keep. This saucy reply the King did never forget, and it was this which lost him the favour which formerly he carried with the King. The exiled Lords not finding that respect given unto them in foreign parts which they expected, Shortly after the Lords exiled return. took a resolution to return, and to use all means for reconciling themselves to the King & Church. And that their return might be the more secret, they separated one from another; Arroll taking his journey homewards through the United Provinces was intercepted and delivered into the hands of Mr. Robert Danielston Conservator of the Scotish privileges, to be kept by him till the King should be advertised. The Earl of Arroll intercepted in the Low Country's escapeth. But whether by the Conservators knowledge, or otherwise, he made an escape and came into the Country. Huntley came some months before, and lurking secretly in the North, sent a supplication to his Majesty, and the Convention which met at Falkland the 12 of August, the effect whereof was, that he might be permitted to return and remain within any part of the Country his Majesty should appoint, A Convention at Falkland. he giving sufficient surety for his quiet and peaceable behaviour. The King having heard the Supplication, The King's judgement of Huntley's supplication. took occasion to say, That one of the two courses was needful to be followed with him and the rest that were in his condition; that is, either utterly to exterminate them, their race, and posterity, or then upon their humble acknowledgement of their offence and surety made for the state of Religion to receive in favour; for to continue in the condition wherein they presently were, could not stand either with the safety of Religion, or with his own honour and estate. The first course, said he, hath the own difficulties, and will not be performed without great trouble; And for myself, so long as there is any hope that they may be reduced to the profession of the truth, I desire not their destruction, but like rather to extend my clemency towards them; which I believe is the mind of all good and peaceable men. As to the present offer made by Huntley, I do not think it well general, and to no purpose; therefore by your advice I would have particular Conditions condescended upon, such as may serve for security of Religion, mine own honour, and the tranquillity of the Country; such Conditions being offered and security found for performance, I should then think that licence might be granted him to return, he being confined in such a part of the Country as should be thought most convenient. The Convention approving his Majesty's judgement, resolved upon this as the fittest course, remitting the Conditions to be form by his Highness and the Lords of Council. September the same conclusion was ratified at another Convention of the Estates at Dunfermling, A Convention at Dunfermling. and the Baptism of the Princess who was born the 19 of August, appointed to be at Halyrud-house the 28 of November next. How soon this their return into the Country was known, The Commissioners for the Church upon the report of the Lords meet at Edinburgh. and that such an Act was passed in their favours, the Commissioners of the Church assembled at Edinburgh, where falling to consider the dangers threatened to Religion by their return, it was thought necessary to acquaint all the Presbyteries with the present state of things; particularly that the forfeited Earls were returned into the Country without his Majesty's warrant and approbation, that they remained peaceably in the same, using all means to be restored to their livings: albeit they had neither acknowledged their offence in that treasonable dealing with the King of Spain, nor their defection and apostasy from the truth. And that they had maintained an Act of Council in their favours at the Convention of Falkland, which was ratified thereafter at Dunfermling, whereby they were licenced to remain upon certain Conditions to be prescribed unto them by his Majesty and Council, to the manifest hazard both of Church and State, considering their continuance in the same disposition to work mischief as before: of these things they were desired to inform their flocks; and both in public doctrine and private conference to stir up the Countrypeople to apprehend the danger, and to be in readiness to resist the same so far as lawfully they might. A public humiliation indicted. It was further thought meet, that public humiliation should be indicted through the whole Country the first Sunday of December, and the cause thereof declared to be the return of the excommunicated Lords, and dangers thereby threatened to Religion, which the Ministers should enlarge according to their discretions, as also that the Presbyteries should call before them their Entertainers, Reffetters, and such as kept company with them, and proceed summarily with the Censures of the Church, una citatione quia periclitatur salus Ecclesiae & Reipublicae. Lastly, they concluded that a number of Commissioners selected out of all the Quarters of the Country should reside at Edinburgh, and convene every day with some of the Presbytery of Edinburgh, to receive Advertisements as should be sent from other places, and take counsel upon the most expedient in every case. Persons nominated to attend at Edinburgh for the Church. The Brethren nominated to this purpose were Mr. Alexander Douglas, M. Peter Blaickborure, M. George Gladstaves, and M. james Nicholson for the North parts; Mr. james Melvill, Mr. Thomas Buchannan, Mr. Alexander Lindesey, and Mr. William Striveling for the middle part of the Country; Mr. john Clapperton, Mr. john Knox, Mr. George Ramsey, and Mr. james Carmichaell for the South; and for the West Mr. john Howson, Mr. Andrew Knox, john Porterfield, and Mr. Robert Wilkie. Their attendance was ordained to be monthly, and to begin in November. At which time Mr. james Nicholson, Mr. james Melvill, Mr. Andrew Knox, Mr. john Howson, and Mr. George Ramsey were appointed to wait: Mr. Robert Bruce, Mr. Robert Pont, Mr. David Lindesey, Mr. james Balfour, Mr. Patrick Gallaway, and Mr. Walter Balcanquell observing ordinarily all the meeting. These Conventions were by a new name called, The Lord Seaton Precedent of the Session cited to appear before the Synod of Lothian. the Council of the Church, and appointed to be kept once every day at least for taking advice in every business that occurred by direction of this Council. Lord Alexander Seaton Precedent of the Session, was called before the Synod of Lothian for keeping intelligence with the Earl of Huntley, and by them remitted back to that Council; before whom, with many attestations, he purged himself of any dealing with Huntley, or any of the Papist Lords, and upon promise not employ his credit that way was dimitted. The King suspecting their beginnings should end in some trouble, A Conference betwixt certain of the Council and some moderate men of the Ministry. but not like to fall in contrary terms with the Church, if by any means the same could be eschewed, commanded the Precedent, Secretary, Advocate, and Laird of Colluthle to confer with the most moderate of the Ministry, and use their best means for satisfying them touching the return of the forfeited Lords. Mr. David Lindesey, Mr. Patrick Gallaway, Mr. james Nicholson, and Mr. james Melvill being sent for to this Conference were desired to give their opinions, Whether or not, due satisfaction being made to the Church by the Lords (for otherwise the King did not mean to show them any favour) they might be pardoned and restored to their estates. The Ministers answered, They came only to hear what was proponed and in a matter of that importance could say nothing unacquainting their brethren. The Conference was delayed till afternoon. At which time returning they said, That the brethren were glad of the respect carried by his Majesty to the Church; and that his resolution was to give no favour to those Rebels till the Church was first satisfied. But in their judgements they having by God's law deserved death, and being by the most sovereign Court of the Kingdom sentenced to have lost their estates, they could not be lawfully pardoned nor restored. And if the King and his Council would take on them to do it, they had God and the Country to answer unto; but for them they would give no assent, but protest to the contrary that they were free thereof before God and man. This answer seeming rather to proceed of passion than any good zeal; it was next urged, Whether upon their humble, and submiss suit to be reconciled, the Church could not deny to receive them, The King offended w●th the pertinacy of the Ministers. it being commonly held, th●t the bosom of the Church should ever be patent to repenting sinners. They answered, That the Church indeed could not refuse their satisfaction, if it were truly offered; nevertheless the King stood obliged to do justice. When by no reasoning they could be wrought from these extremities, the Conference broke off, and the effects thereof being reported to the King, he was greatly commoved, inveighing against Ministers at his table, Commissioners directed to his Majesty. in Council, and every where. The wiser sort that foresaw the ill effects this rancour would breed, advised the Ministers to send some of their number, to understand what it was that did offend the King, and offer all satisfaction on their parts; withal to lay open their grievances, and in humble manner entreat a redress of the things which they esteemed hurtful. Herein the same Brethren being employed they found the King's answers more biting, and peremptory than they expected; His Majesty's peremptory answer to the Commissioners. for being desired to show what it was that made his majesty so offended with the Church, and professing to amend it so far as lay in them; he said There could be no agreement so long as the marches of the two jurisdictions were not distinguished; that in their preachings they did censure the affairs ●f the Estate and Council; convocate General Assemblies without his licence; conclude what they thought good, not once desiring his allowance and approbation; and is their Synods, Presbyteries, and particular Sessions, meddle with every thing upon colour of scandal; besides divers other disorders which at another time he would propound, and have reform; otherwise it was vain to think of any agreement, or that the same being made, could stand and continue any while. The Ministers not willing to dip in these matters, The grievances of the Church proponed. after they had in sober manner replied to each of these points, fell to speak of their own grievances: as first the favour granted to the Popish Lords in the late Conventions at Falkland, and Dunfermlin, the countenance given to the Lady Huntley, and her invitation to the Baptism of the Princess, the putting her in the hands of the Lady Levingston, an avowed and obstinate Papist; and which grieved them more than any thing else, the alienation of his Majesty's heart from the Ministers, as appeared by all his speeches public and private. The King his answer. To this last the King did first reply, saying, That they had given him too just cause by their railing against him, and his proceedings in their Sermons. for the Popish Lords, he had granted nothing to them, but what the Estate had found needful for the peace and quiet of the Realm. As to the Lady Huntley, he esteemed her a good discreet Lady and worthy of his countenance; and that she was a Papist they might blame themselves, who had never taken care to inform her of the truth. Lastly, for his Daughter the Princess, he had trusted her to the Lord Levingston, a Nobleman known to be of good Religion, and not to his Lady who should not be suffered to take any care of her, unless she conformed in point of Religion. Whilst things thus past betwixt the King and the Church, A new trouble by Mr. David Blake, a Minister at S. Andrews. a new occasion of trouble was presented by M. David Blake one of the Ministers of S. Andrews, who had in one of his Sermons cast forth divers speeches full of spite against the King, the Queen, the Lords of Council and Session, and amongst the rest, had called the Queen of England, an Atheist, a woman of no Religion. This being dilated to the English Ambassador he complained to the King, and thereupon was Mr. David Blake cited to appear before the Council the 10 of November. Mr. Andrew Melvill accompanying him to Edinburgh did labour to make this a common cause, Mr. Andrew Melvill labourreth to make it a common cause. giving out that the same was done only for a preparative against the Ministers to bring the●r Doctrine under the censure and controlment of the King and Council; and so far he prevailed with the Commissioners of the Church, as they sent certain of their number to entreat the deserting of the Diet, saying, It would be ill taken to draw Ministers in question upon trifling delations, when as the enemies of the truth were spared, and overseen. The King some days before, had published the Conditions upon which he was to grant a Protection to Huntley, and ask those Commissioners, if they had seen the Conditions, said, That both he and the rest should either satisfy the Church in every point, or be pursued with all extremity, so as they should have no reason to complain of the oversight of Papists. For Master Blake he said he did not think much of that matter, only they should cause him appear and take some course for pacifying the English Ambassador. But take heed, said the King, that you do not decline the judicatory; for if you do, it will be worse than any thing yet fallen out. Now the Conditions proponed to Huntley were, as followeth, That he should give sufficient and reasonable caution of Inland-men and landed Barons, The Conditions proponed to Huntley. to the number of sixteen at least, who should be acted in the Books of Council, under the pain of forty thousand pounds (each two of the Cautioners conjunctly and severally for five thousand pounds of the said sum) that he should faithfully observe and fulfil the whole Articles undermentioned, and every one of them, as first, that betwixt and the first day of April next to come, he should either satisfy the Church for his Apostasy, and return to the bosom thereof in uniformity of Religion, or before the expiring of the said time depart again forth of the Country, and not return again without his Majesty's licence. 2 Next, that during the said space, he should not receive in his company any Jesuit, Masspriests, or excommunicate Papists, nor have any dealing, communication, or intelligence with them, especially with his Uncle Mr. james Gordon, nor suffer his Children, in case any be brought forth in the mean time, to be baptised by another then a Minister. 3 That so long as he remained in the Country, as likewise in case of his departing at the time aforesaid, he should not traffic with any stranger or others whomsoever for alteration of the true Religion, or disquieting the state of the Country in any sort. 4 That his former Cautioners should remain obliged, in case after lawful trial it should be found that since his last departing he had trafficked with strangers for subversion of Religion or the alteration of the State, in the sums for which they were bound. 5 That he should presently enter his person in ward within such a place as his Majesty should appoint. 6 That within fifteen days next he should enter his eldest Son and apparent Heir as a Hostage to his Majesty for observing the Articles before and after mentioned, and that his said Son should abide in such company, ward, or Castle, as his Majesty should appoint, where most conveniently he might be instructed in the true Religion, and not escape by his Father's knowledge or assistance. Lastly, that he should compeir personally before the Council whensoever he should be called upon fifteen day's warning, for trying the contravention of any of the Articles above expressed: providing the cause for which he should be charged were expressed in the Letters, and warrant given him● that he should not be challenged for any other fact done before his last passing forth of Scotland. These Articles the King caused to be imprinted, The Conditions give no content. that all men might see he meant not to bestow any favour either upon him or the rest, unless they joined themselves to the Religion publicly professed, yet this served not to stop the mouths of people, nor did it remove the jealousy of the Preachers, who were daily complaining, That Papists were favoured, the Ministers troubled for the free rebuke of sin, and the sceptre of Christ's kingdom sought to be overthrown. The process, they said, intended against Mr. Blake was but a policy to divert the Ministers from prosecuting their suit against the Popish Earls; and if he should submit his Doctrine to the trial of the Council, the liberties of the Church and spiritual government of the house of God, would be quite subverted. In any case therefore they concluded, A Declinatour advised to be droponed. that a Declinator should be used, and protestation made against these proceedings. This was held a dangerous course, and earnestly dissuaded by some few, but they were cried down by the greater number, that said it was the cause of God, whereunto it concerned them to stand at all hazard. So a Declinator was form and given Mr. Blake to present, bearing this in substance: That howbeit the conscience of his innocency did uphold him sufficiently against the calumnies of whomsoever, and that he was ready to defend the doctrine uttered by him, whether in opening the words, M. David Blake his Declinator. or in application; yet seeing he was brought thither to be judged by his Majesty and Council for his doctrine, and that his answering to the pretended accusation, might import a prejudice to the liberties of the Church, and be taken for an acknowledgement of his Majesty's jurisdiction in matters merely spiritual, he was constrained in all humility to decline that Judicatory for the reasons following: First, because the Lord jesus, of whom he had the grace of his calling, had given him (albeit unworthy of the honour to bear his name) his Word for a rule, to his preaching, and that he could not fall in the reverence of any Civil law, but in so far as he should be tried to have passed his instructions, which trial belonged only to the Prophets and Pastors, the spirits of the Prophets being subject to them alone; for as first it must be declared whether he had kept his instruction or not. 2 In regard the liberty of the Church, and discipline presently exercised was confirmed by divers Acts of Parliament, and the office-bearers thereof peaceably possessed therein, particularly in the judicatory of the word preached, (as was clear by divers late examples) he ought to be remitted for his preaching to the Ecclesiastic Senate, as his competent Judge, in the first instance. For which and for other weighty considerations, and namely for eschewing the inconveniencies that might fall to Religion, and his Majesties own estate, by the appearance of distraction and alienation of his Majesty's mind from the Ministry and the cause of God in their hands; he for himself, and in name of the Commissioners of the general Assembly, who had subscrived the same Declinatour, did humbly beseech his Majesty not to infringe the liberty of the Church, but rather manifest his care in maintaining the same. When the Diet came, and the summons were read, M. Blakes answer to the Diet. being desired to answer, he said, That albeit he might object against the citation, the same being directed super inquirendis, contrary to the form prescrived by Parliament, and no particular specified therein; yet he would take him to the usual remedy of law, and desire to be remitted to his own Ordinary. Being asked whom he meant? he answered, the Presbytery, where the doctrine was taught. The King then replying that the matter laid to his charge was Civil, and that the generality of the summons was restricted to the particular letter produced by the English Ambassador; he said, That the speeches wherewith he was charged being uttered in pulpit, must be judged by the Church, In prima instantia. Again being inquired whether the King might not judge matters of Treason, as well as the Church did matters of Heresy? he said, That speeches delivered in pulpit, albeit alleged to be treasonable, could not be judged by the King till the Church took first cognition thereof; but that he was not come thither to solve questions, and so presented the Declinatour. The King notwithstanding that he was greatly offended, (because the day appointed for the baptism of the Princess was approaching) continued all further proceeding to the last of November. Mean while had the Commissioners for the Church sent a copy of M. Blakes declinatour with a letter to all the Presbyteries requiring them for the greater corroboration of their doings to subscrive the same, The Declinatour sent to the Presbyteries to be subserived. and to commend the cause in hand in their private and public prayers to God, using their best credit with their flocks, and employing all their labours for the maintenance thereof. The King being mightily incensed with this doing as tending to a direct mutiny, and the stirring up of the subjects to rebellion, gave forth a Proclamation, wherein he said, That certain persons of the Ministry, abiding in the town of Edinburgh, A Proclamation discharing the meeting of the Commissioners had of long time continued together devising plots prejudicial to his Majesty's authority, and usurping a power over their brethren, had directed letters for subscriving a Declinatour form, and already subscrived by themselves, requiring them with the return of their subscriptions to send some of their number to assist their proceedings as though they were not subjects, and that the King had no power, nor authority over them, intending, as appeared by convocations and the like tumultuous forms, to break the peace, and make an insurrection in the Country; whereas no care in the mean time was taken of their flocks, but the same left comfortless and destitute of the preaching of the word, all which they coloured with a general Commission alleged to be given by the last general assembly, albeit there was no such Commission; that which he produced, containing only a power to consult, and report, and not to set down Acts, or exercise any jurisdiction: and granting that such a Commission had been given, the same could not be lawful, as given without the consent and approbation of his Majesty's Commissioners who were present at the time. Therefore to prevent the disorders and confusion which therethrough might arise, his Highness with the advice of the Council, discharged the said Commission, as unlawful in itself, and more unlawfully executed by the said Commissioners; commanding the persons under written, namely, M. Andrew Melvill, M. James Melvill, M. john Davidson, M. nicol Dalgleish, M. James Nicolson, M. James Carmichaell and John Clapperton, to depart home to their several flocks within 24 hours, after the charge, and to attend upon the lawful discharge of their callings, and no ways to return for keeping such unlawful convocations either within the said burgh or without, under the pain of Rebellion. The Commissioners upon information that such a charge was directed fell to consult what course they should take; The Commissioners of the Church upon this discharge enter into a new consultation. and first they resolved, That since they were convened by the warrant of Christ, in a most needful and dangerous time to see unto the good of the Church, Et ne quid Ecclesia detrimenti caperet, they should obey God rather than man; and notwithstanding of any charge that should be given, continue together so long as conveniently they might, and in the mean time send some of the number to the Octavians (this was the title commonly given to those eight Counsellors that were trusted with all affairs) to advertise them, They sent a Commission to the Octavians. that seeing the Church at their entry to their places enjoyed a full peace and liberty, and that now it was cast into great troubles, and the enemies of the truth spared, and overlooked, they could not but think that all this proceeded from their counsels; and therefore whatsoever the event should be, the Church would take herself to them, and they only should bear the blame. The Precedent answering in choler said, That these controversies were begun without their advice, & so they should end; that for their good service they had reaped small thanks, and drawn upon themselves much envy, and therefore would have no meddling in that business betwixt the King & them, but leave it to him & his Nobility. This answer put them to a second advice, Commissioners sent to his Majesty for surceasing M. Blakes proeess. and thinking they were mistaken and that these Commissioners were not in the fault, but that all proceeded from the King himself, they sent M. David Lindesay, M. Robert Rollock, M. james Nicolson and james Melvill, to declare unto his Majesty the great inconveniencies that were like to arise upon this hard dealing with the Church, and humbly entreat a surcease of the Process intended against M. David Blake, and that all other controversies might be left off till some order was taken with the Papists, and an Assembly convocated for deciding these questions to his Highness' content. The King answered, That it was not his fault, His Majesty's offer to the Commissioners. and that he was no less displeased than they were with the controversies arisen, and that yet if they would pass from the declinator, or declare at least, that it was not a general, but only a particular declinator, used in the cause of M. David Blake as being a cause of slander, and pertaining to the judgement of the Church, he should also pass from the summons and cease his pursuit. This yielding offer of the King was by the advice of the wiser sort thought good to be accepted, The wiser sort of the Ministers advise to accept of the offer, but they are overruled. that there might be an end of contention; For if, said they, we go to try our strength with the King, we shall be found too weak; as yet the Court stands in some awe of the Church, and whilst they are in this conceit, it shall be meet to take the best conditions we can have; for if by our strictness matters go to the worst, our weakness shall soon appear; and thereafter shall the Church be no more feared nor regarded; too great stiffness doth seldom succeed well, and it is often seen, that they who will have all their wills, do lose all in the end. This was the reasoning of the wise and more moderate sort. Others flattering themselves in their preciseness held, That the only way to prevail, was to stand by their grounds; the cause was Gods, which he would maintain; that worldly powers were not to be feared, and that God had in his hand the hearts of Princes to turn them whither he pleased, whereof in the present business they had seen a proof. The debate held long, and in end by most voices it was concluded that they should stand to the Declinator, unless the King would pass from the summons, and remitting the pursuit to the ecclesiastical Judge make an Act of Council, that no Minister should be charged for his preaching, at lest before the meeting of the general Assembly. The King perceiving this offer neglected was in great wrath, and told them who were sent unto him, that he would hearken to no agreement unless they would pass simply from the declinator, M. Blake cited to the last of November. and cause M. Blake compeir, and acknowledge the Judicatory; Which being refused, the Proclamation was published, the Commissioners charged to depart forth of the Town, and M. Blake by a new summons cited to the last of November. The next day being Sunday and the day of the Prince's Christening, The Baptism of the Princess Elizabeth. the same was kept in the Palace of Halyrudhouse with great joy and feasting. The English Ambassador did name the Princess Elizabeth after the Queen his Mistress; the Town of Edinburgh by the Magistrates assisting as witnesses, such honour did the King unto them. But all that day in the Town Churches were bitter invectives made against the two Proclamations; for besides the charge given the Commissioners to leave the Town, by another Proclamation the Barons, Gentlemen, and all other subjects were discharged to convene with the Ministry, either in Presbyteries, or Synods, or any other Ecclesiastical meetings under whatsoever colour or pretence, without his Majesty's licence. These things were mightily aggravated by the preachers, and the people exceedingly stirred, at which the King more and more offending, he resolved to keep the Diet assigned for M. Blakes appearing in the Council house of Edinburgh, accompanied with his Nobles, that were present at the Baptism. The Commissioners advertised of this (for all that time some Gentlemen of the Chamber in hatred of the Octavians, A Petition presented by the Commissioners to his Majesty and Council. gave intelligence of every thing that was intended) did form a Petition, to be presented to his Majesty and the Noblemen, consisting of three heads. First, they entreated the King, that seeing the decision of such thorny and intricate questions as was moved at that time to the trouble of the Church, could work no good, and was subtly urged, only to engender a dissension between his Majesty and the Ministers, he would be pleased to remit the determination thereof to a lawful Assembly, and not to encroach upon the limits of Christ's Kingdom upon any pretence, bending his actions according to the present necessity, against the common enemies of Religion and State. Next, they exhorted the Noblemen to give his Majesty a free and faithful counsel in that business; and as to the honour of God, and their own just praise they had kept themselves free both in counsel, and action from working any prejudice to the liberty of the Gospel, so they would not suffer themselves to be drawn at that time under the guiltiness of so great a sin, by the craft of those who were subtly seeking the thraldom of the Gospel, and thought to make their honours the executors of their malicious devices. And thereby that by their credit they would procure a continuation of all controversies unto a free and lawful Assembly, where the same might be gravely reasoned, and concluded. This Petition was given to M. David Lindesay, M. Robert Bruce, and M. Robert Rollock, to be presented, and if the same was refused they were enjoined to protest against the proceeding of the Council. The King receiving this Petition, The Petition rejected. after he had overviewed it did reject the same as not worthy of answer, commanding to call M. Blake, and read the summons. Therein he was charged, The points laid to M. Blaks charge. First, to have affirmed in Pulpit that the Popish Lords were returned into the Country with his Majesty's knowledge, and upon his assurance, and said that in so doing he had detected the treachery of his heart. Secondly, that he had called all Kings the Devil's Barns, adding that the Devil was in the Court and in the guiders of it. Thirdly, in his prayer for the Queen, he had used these words, We must pray for her for the fashion, but we have no cause, she will never do us good. Fourthly, that he had called the Queen of England, an Atheist. Fifthly, that he had discussed a suspension granted by the Lords of Session in Pulpit, and called them miscreants and bribers. Sixthly, that speaking of the Nobility, he said they were degenerated, Godless, dissemblers, and enemies to the Church; likewise speaking of the Council, that he had called them Holliglasses, Cormorants & men of no Religion. Lastly, that he had convocated divers Noblemen, Barons & others within S. Andrews in the month of june 1594, caused them take arms, & divide themselves in Troops of horse & foot, & had thereby usurped the power of the King and Civil Magistrate. After reading of the summons Mr. Robert Pont protested, that the process in hand and whatsoever followed thereof, Mr. Robert Pont protesteth for the liberties of the Church. should not prejudge the liberty of the Church in matters of Doctrine. The king answered, That he was not to meddle with any matter of doctrine, but to censure the treasonable speeches of a Minister in sermon, which he and his Council would judge, except by clear scripture it should be proved, That Ministers were not subject in these cases to his judicatory. Thereafter Mr. Blake being commanded to answer, said, that all these accusations were false, untrue calumnies, producing two testimonials, Mr. Blake declineth the Council of new. one of the Provost Baylies and council of St. Andrews, the other of the Rector, Dean of faculty, Professors and Regent's of the University, which he alleged should be preferred to any report whatsoever. Next he said for the first six points, the Lords of the Council were not competent Judges; the speeches alleged being uttered in pulpit, but the same aught to be censured by the Presbytery, where the Sermon was delivered: And then repeating his former declinator, The Council write the Declinatour. presented a new one, in substance the same with the first. For the last point he made offer to submit himself to the trial of the King and Council. Being removed and the Declinatour put to voices, it was found, That the crimes and accusations contained in the summons were seditious and treasonable, and that his Majesty, his Council and other Judge's substitute by his authority were competent Judges in all matters either criminal or civil, as well to Ministers as to other subjects. This pronounced the witnesses were called and admitted, but their examination was delayed to the next day. After the Council dissolved, the Prior of Blantyre Treasurer and Alexander Hume Provost of Edinburgh were sent from the King to the Ministers, that notwithstanding of that his proceeding against Mr. Blake, The King's care to keep peace with the Church. he did not mean to use him with rigour, but if they should move him to come and resolve his Majesty touching the truth of the points libelled, he would rest upon his own declaration, and send him back to his charge: so careful was the King of peace, and so desirous to be in good terms with the Church. Night was then fallen, and the Commissioners gone to their lodgings, yet finding Mr. Robert Bruce, Mr. Robert Rollock, Mr. james Nicolson and Mr. james Melvill together, they declared what they had in Commission to have declared to the whole number. Mr. Robert Bruce answering in the name of the rest, said, That if the matter did touch Mr. Blake alone the offer might be accepted, but the liberty of Christ's kingdom had received such a wound by the Proclamations published the Saturday preceding and that Day by the usurpation of the spiritual judicatory, as if Mr. Blakes life and the lives of twenty others had been taken, it would not have grieved the hearts of good brethren so much, as these injurious proceedings had done; and that either these things behoved to be retreated, or they would oppose so long as they had breath. This answer reported, The King conferreth with some Ministers touching Mr. Blakes business. the King the next morning called some two or three of the Ministers unto him, did confer with them a long space, showing that he was so far from impairing the Spiritual Jurisdiction or abridging any of the Church Liberties, as he would not only maintain them in what they enjoyed, but would enlarge and amplisie the same, when he saw it to be for their good; But this licentious Discoursing, said he, of affairs of state in Pulpit can not be tolerated. My claim is only to judge in matters of sedition and other civil and criminal causes, and of speeches that may import such crimes, wheresoever they be uttered; for that the Pulpit should be a place privileged, and under colour of Doctrine People stirred to sedition, no good man. I think will allow. If treason and sedition be crimes punishable when they are committed, much more if they be committed in the Pulpit, where the word of truth should only be taught and heard. One of the Ministers answering, that they did not plead for the privilege of the place, but to the respect that was due to the message and Commission they carried, which having received from God, the same ought not to be controlled in any civil Judicature. Would you keep you to your message, said the King, there would be no strife; but I trust your message be not to rule estates, and when courses dislike you to stir the people to sedition; and make your King and those that rule under him odious by your rail and outcries. If any do so, said the Minister, and be tried to have passed the bounds, it is reason he be punished with all extremity, but this must be cognosced by the Church. And shall not I, said the King, have power to call and punish a Minister that breaketh out in treasonable speeches, but must come to your presbytery and be a complainer? I have good proof in the process with Gibson and Rosse, what justice you will do me: and were it in a doubtful and ambiguous case, where by any colour the speeches might be justified, it were some way favourable to say that the Minister should be called and convict by his brethren; but as in the present action with M. Blake, who hath said, The treachery of the King's heart is discovered; all Kings are the Devils Barns, etc. who sees not the man hath passed his bounds, and not kept him to his message? I am not ignorant what agitations France of late, and England in former times, hath suffered by the violence of such spirits, and I have been in my time reasonably exercised with them, and ye must not think that I will tolerate such licentiousness. As for any lawful power or liberty ye or your Assemblies have granted either by the word of God, or by the laws of the kingdom, I mean not to diminish the same; and if ye think meet, I will publish so much by a Declaration for satisfying you, and all other my subjects. With this the Ministers were dimitted, The Ministers desire a declaration to be made in favour of Church Assemblies. who having related the conference they had with his Majesty to the rest of their brethren, it was agreed in regard of the many inconveniencies which might ensue upon these distractions betwixt his Majesty and the Church, that if they could obtain a Declaration in Council that by the Acts and Proclamations published his Majesty did not intend to discharge any Church Assembly, nor to annul any conclusion thereof, but that the same should stand in force as they had been in use by the warrant of the word and approbation of his Highness' laws; and that the discharge of Barons and Gentlemen to convene with the Ministers, was not extended to any Ecclesiastical conventions, but only meant of their convening in Arms, matters should be passed over for the present; the interlocutor in M. Blakes business not being used against him, nor any other Minister unto a lawful general Assembly, wherein the question concerning the limits of the Civil and the Spiritual Jurisdiction might be reasoned and defined. This being propounded the King assented to the Declaration craved, His Majesty consenteth to the Declaration. offering further to delete the Acts whereupon the Proclamations were founded. And for M. Blake, he was content that he should be brought to his presence, and declaring upon his conscience the truth of the points libelled, in the hearing of M. David Lindesay, M. james Nicolson, and M. Thomas Buchannan, they three should have power to determine what they thought meet. The business was now thought to be at an end, but in the afternoon by the suggestion, as it was supposed, of the Precedent, the King would have M. Blake to come before the Council and acknowledge his offence to the Queen; Mr. Blake refuseth to acknowledge his offence to the Queen. which done he should be pardoned of all. This M. Blake refused; saying, he would neither condemn himself, nor approve the proceedings of the Council, who have taken upon them to judge of his Sermons, had admitted a sort of ignorant, and partially affected people to be witnesses against him, rejecting the testimonies of the Town and University. The witnesses examined, and Mr. Blake found guilty. When by no persuasion he could be moved unto it, the King went to Council, and the same day, it being the second of December, caused read the deposition of the witnesses, who did clearly testify that all the speeches libelled were uttered by M. Blake in Pulpit. Thereupon sentence was given that he had falsely slandered, and treasonably calumniated the King's Majesty, his bedfellow the Queen, his neighbour Princess the Queen of England, the Lords of his Highness' Council and Session, and therefore (his punishment being remitted to the King) it was ordained, that till his Majesty's pleasure should be declared, he should be confined beyond the North water, and enter to his ward within six days. Notwithstanding of this Sentence the day following a new Treaty began, A new treaty for making an accord. which continued some ten days, and was like to have produced an agreement, for the King was content, as before, to delete the Acts of Council at which the Ministers took offence, by writing on the margin of the book according to the custom of deleting, This matter is agreed, and the Act delete. He was likewise pleased to mend the Narrative of the Proclamation, turning that upon the Papists and enemies of Religion, that was said of Ministers; and for Mr. Blakes business, was content that the Interlocutor pronounced should not be made a preparative against any other Minister, and that none should be called upon their preaching before the Council, till it was found in a lawful Assembly, that the King might judge of those that passed their bounds in Doctrine; Provided he might in the mean time be assured of the good behaviour of the Ministers, and that they should not speak unreverently of him, or of his Council, Conditions craved by his Majesty. which assurance he would have in writing. Some punishment also he would have afflicted on Mr. Blake, as either to transport him from S. Andrews to another Congregation, or suspend him for a time from his charge: punishments not very rigorous, nor answerable to the quality of the offence. The Commissioners being herewith advised liked well of all, The Commissioners refuse to agree to any censure of M. Blake. the last excepted. A punishment, they said, could not be afflicted where no cognition had proceeded: for as to the trial taken, neither was it done by the proper judge, nor was that equity observed which ought to have been; witnesses that were under the Censures of the Church, and illaffected to Mr. Blake, being admitted to depone against him. This reported to the King, he made offer to name twenty persons, against whom no exception could be alleged, and to give Mr. Blake his choice of seven or eight of that number, who should be new examined touching the verity of the speeches whereof he was accused: if they upon their consciences did absolve him, he should rest satisfied, if otherwise, he would crave him to be deposed. But this came to no effect, nor could any overture, albeit divers were proponed, serve to work an accord, so as the communing broke off, and greater displeasures arose on both hands, than afore. For the Commissioners having directed two of the Brethren to show the King, The Ministers indict a fast, and complain of wrong done to the kingdom of Christ. That since they could obtain no redress for the wrongs done unto Christ's kingdom, and saw nothing but the enemies of the truth were favoured, and the faithful Pastors of the Church reviled, and pursued, they could not abstain from opposing these proceedings with the spiritual armour given them by God; and did therefore indict a Fast to be kept the Sunday following, being the 12 day of December, with solemn prayers for averting the judgements which the present courses did threaten. The King on the other side, made his displeasure and the scorn he took of these proceedings known by a Declaration, His Majesty's Declaration published. published on the 15 day, wherein he showed, That out of a desire he had to keep peace with the Ministers he did condescend to abstain from troubling in any case bygone, until by a convention of Estates, and a General Assembly of the Ministry the difference between the Civil and Ecclesiastical judgements might be removed; providing they should promise not to disgrace him and his proceedings in their Sermons, which he was in hope to obtain by sundry Conferences and meetings that he had kept with some of them, till at last publicly they had opposed themselves in Pulpit by approving the doings of Mr. David Blake accusing himself of persecution, A Bond of obedience subscrived by the Ministers. and falsely suggesting to the people that all Church Assemblies were discharged; whereas his resolution was, and is to maintain Religion and the Church discipline established by law, and to suffer nothing to be done in prejudice thereof by whomsoever: which his Highness thought good to make known to all his subjects, ordaining all Ministers to subscrive their obedience to his Majesty, and set their hands to the bonds which should be presented to them for that effect, under the pain of sequestering their rents & stipends ay and while they gave the obedience required. Master Blake charged to go to his ward, and the Commissioners to leave the Town. The same day was Mr. Blake charged to go unto his ward, and the Commissioners of new commanded to remove themselves forth of the Town. How soon they were gone, A new motion of agreement overthrown by the practice of some of his Majesty's Chamber. the Secretary Mr. john Lindesey thinking the Ministers of Edinburgh would be more tractable, being left to themselves, did move the King to send for them, and make a fresh Proposition for settling these divisions. But they refusing to enter in any communing, except the Commissioners were recalled by as public a Proclamation as that whereby they were discharged; hope was given that the next day the same should be done, and all questions laid over unto their return; which some of the King's Chamber having understood, and fearing if matters were once accorded, the Octavians (against whom they were chiefly set) should contine in their employment; among other reports they informed the King that a mighty watch was kept in Edinburgh about the Ministers houses for fear of some violence to be offered unto them; which laid an heavy imputation upon his Majesty, and that the Ministers would never be quiet till these factious people were put forth of the Town. The advice, as truly meant, was harkened unto, and direction given to some 24 of the Burgesses that were best affected to the Ministers, The Ministers deluded by a counterfeit Letter. to depart the Town within the space of six hours. This they knew would be ill taken by the Ministers, and to put them in a greater fear, they did advertise them by a counterfeit Letter to look unto themselves, because Huntley had been with the King that night late, and caused that charge to be given. This Letter sent to Mr. Robert Bruce was by him communicate to Mr. Walter balcanqual, M. Walter balcanqual in his Sermon inveigheth against the Counsellors. whose course it was to preach that morning, and they both apprehending the information to be true, did think it the safest way for themselves to make the people advertised of the danger; so when the hour of Sermon came, the Preacher reading his Text out of the book of Canticles, which was his ordinary at that time, and taking occasion of the present troubles of the Church; he made a particular relation of the proceedings and treacherous forms (so he called them) wherewith they were used by the Court, laying the whole blame upon the Precedent, Controller, and Advocate, He exhorteth the Noblemen and Barons to a meeting. whom he particularly named, and used with most reproachful terms. Then turning to the Noblemen and Barons, he put them in mind of the zeal which their predecessors had showed in planting Religion, and exhorted them with the like courage and constancy to maintain the same. Having closed the Sermon with a Prayer, as use is, he requested the Noblemen and Barons to meet in the little Church, for assisting the Ministry with their best advice. There assembled in the place many people, A Petition directed to the King from the meeting. besides those that were desired, and so great was the throng, as the Ministers could hardly find entrance. Mr. Robert Bruce at last having made way unto himself, went to the table where the Noblemen and Barons were placed, and after a short Prayer, declared in what danger the Church was brought by the return of the Popish Lords; how they had regretted the case to the King, and when they expected that order should have been taken therewith, a new business was moved, and one of their Brethren called in question for his preaching, about which they had been in long conference, but could come to no end; and that now at last the best affected of their people were charged to leave the Town, whereby they were brought to suspect some worse practices. Mr. R. Bruce his Speech to those that convened. They did therefore request them humbly to intercede and entreat his Majesty, that they might be permitted to serve God in their callings without molestation. The desire seemed reasonable: the Lords Lindesey and Forbes, with the Lairds of Bargenny and Blaquhan, Mr. Robert Bruce and Mr. William Watson were chosen to prefer the Petition. By some occasion the King was that day come to the Session, The King offended with the meeting. and being in the Upper House, the Lords with these others were admitted, where Mr. Robert Bruce taking the Speech, said, That they were sent by the Noblemen and Barons convened in the little Church to bemoan the dangers threatened to Religion by the dealing that was against the Ministers and true professors. What dangers see you, said the King? Under communing, said he, our best affected people, that tender Religion, are discharged of the Town; the Lady Huntley a professed Papist entertained at Court, and it is suspected that her husband is not far off. The King leaving that purpose, asked, who they were that durst convene against his Proclamation. The Lord Lindesey in passion replied, The Ld Lindesey his insolent words to the King. That they durst do more than so, and that they would not suffer Religion to be overthrown. Numbers of people were at this time thronging unmannerly into the room: whereupon the King not making any answer arose, and went down to the Lower House where the Judges do sit, commanding the doors to be shut. They that were sent returning to the Church show that they were not heard, nor was there any hope, so long as the Counselors remained about the King, that they should receive any favourable answer, and were therefore to think of some other course. No course, said the Lord Lindesay, but one, let us stay together that are here, and promise to take one part, Atumult raised in the Church and City. and advertise our friends and the favourers of Religion to come unto us; for it shall be either theirs or ours. Upon these speeches followed such a clamour, and lifting up of hands, as none could hear what another spoke. The sedition increasing, some cried to Arm, others to bring out Haman, (for whilst the Lords were with the King, M. Michael Cranstone Minister of Cramond had been reading to the people that story) others cried, The sword of the Lord, and of Gideon: and so great was the fury of people, as if one of the Deacons of Crafts-called john Wat, had not kept them back, A Deacon of the Crafts appeaseth the fury of the people. with a guard of Crafts men that followed him, they had undoubttedly forced the doors, and wrought some mischief. Sir Alexander Hume Provost of the Town, was then lying sick, yet being told what a tumult was raised, he came to the street, and as he was wise and skilful in handling the people, with his fair speeches brought them after a little time to lay down their weapons and retire to their lodgings. The commotion thus raised, Noble men directed from the King to inquire the cause of the tumult. the King directed the Earl of Marre, the Lord Pittenweem and Laird of Traquair to confer with the Ministers, and ask the cause of the tumult. They were then walking at the back of the Church, (for the tumult had scattered the meeting) and professing a great dislike of that which had happened, besought the Noble men to show the King, that they were not in fault, and had done their best to appease the multitude. The cause, they said, to their conjecture was, that his Majesty refused to hear their Petition, which they knew came not from himself but of others. The Earl of Marre replied, that any reasonable Petition would be heard and answered, The Ministers purge themselves. being preferred in a dutiful manner; wherefore they should do wisely to go together and supplicate his Majesty for remedy of these things wherein they were grieved. Whereupon they returned to the little Church, and after a short deliberation, sent the Lord Forbes, the Laird of Bargenny and M. Robert Rollock with these Petitions. First, that all which have been done in prejudice of the Church the last four or five weeks, A new Petition moved to the King. might be rescinded. Next, that in the things that concerned the Church, the Precedent, Controller and Advocate should have no voice, as being suspected in Religion, and opposite enemies to the Church. Thirdly, that the Citizens of Edinburgh who were charged to leave the Town, might be permitted to stay at home, upon surety to appear whensoever they were called. The King answered very calmly, That his doings had been greatly mistaken by the Ministers, The King's answer to the Petions proponed and that as these controversies were moved against his will, so he wished nothing more than to have them quietly settled. But that it could not stand with his honour to rescind so hastily the conclusions taken in Council, nor to remove Counsellors from their places upon naked suspicions, except somewhat could be verified that might disable them. At afternoon he should call the Council and satisfy them in every thing, which with reason they could desire. For the Citizens, he said, that the supplications made in their behalf, would come better from the Provost and Bailiffs of the Town, and the same upon their Petition should be granted. With these answers the Lord Forbes and the rest returned; and with them the Lord Ochiltry, and Laird of Cesford were sent by the King to desire them to put their Petitions in reasonable terms, and await on the Council at two of the clock. Matters thus quieted, the King with the Lords went down the street peaceably to his palace. At afternoon the Noblemen, and Barons assembling with the Ministry, after long reasoning did condescend upon the supplication and Articles following. In most humble manner, Articles condescended upon to be proponed to his Majesty. we the Noblemen, Barons, Gentlemen, Burgesses and Ministers, this day by the mercy of God convened, do beseech your Majesty to apprehend the great danger wherein the state of Religion, Commonwealth and your Majesties own honour and person are brought, by the means of crafty and deceitful Counselors, who respecting only their own preferment and standing, labour to file your Majesty's eyes that you should not perceive their courses: for albeit it hath pleased God to endue your Majesty with knowledge, wisdom and graces, beyond all Princes that have ruled this kingdom at any time, yet it is no strange thing to behold good Kings brought upon ill courses, by the devices of such as pretend love, but in very deed hate them maliciously. That such courses are now in hand, please your Majesty to consider what a division is made and entertained between your Majesty, and the Church, who was ever to this time inseparably joined; and how under colourable pretexts the liberty of preaching and faithful applying of the word, is sought to be restrained and taken away, which cannot but bring many evils and inconveniencies with it, as this days tumult may partly teach. And now seeing, blessed be God, the same is settled without the harm of any person, for preventing the like, or worse, we humbly desire the Articles following to be weighed and considered by your Majesty. 1 That professed Papists, processed by the Church, be not suffered to reside at Court, and that the Lady Huntley and Lord Sauwhar be removed and sent home. 2 That Alexander Seaton Precedent, Mr. Thomas Hamilton Advocate, and Mr. james Elphingston be not admitted to sit in Council, at least when the cause of Religion, and matters of the Church are treated, seeing they are enemies to the quietness thereof, and have by their devices raised the troubles that presently do vex the same. 3 That the Acts of Council, Proclamations, Decrees, and Interlocutors passed in prejudice of the Church and Ministers these last five weeks, be rescinded and annulled. 4 That the Commissioners of the Church be recalled by Proclamation, and the Burgesses of the Town permitted to remain and attend their callings. 5 That the bond advised by the foresaid enemies to be subscrived by all the Ministers under the pain of losing their Benefices and stipends, be discharged, seeing the same is prejudicial to the Gospel, and that Commission, as use is, to modify stipends, for the present year. Lastly, that an Act of Council be made allowing the proceedings of the Church, and the concurrency given them by the Noblemen, Barons and others in the present action. It was late and the night fallen before these Articles were put in form, The Commissioners choosed to present the Articles. the day being then at the shortest, the persons chosen to present them, were the Lairds of Bargenny, P●tarrow, Faudonside, Mr. David Lindesay, and Mr. Robert Rollock. Before their coming the Council had concluded not to receive the Petitions, as was promised, and to commit those that did present them, yet doubtful what might be the event thereof, it was thought fitter to terrify them from presenting the same; for this effect the Lord Ochiltry was appointed to meet them at the utter gate, who drawing Bargenny aside advised him to go back, because of the anger which the King had conceived, and to meddle no more in that business; for the King he said knew he was brought upon it unwillingly, and would excuse his part, if he went no further. Bargenny declineth the charge the business ceaseth. Bargenny forthinking his employment and not knowing how to colour it to his associates, the Lord Ochiltry drew them aside, and said that he had brought the Laird of Bargenny to the Town for affairs that did nearly touch him, and that he did not think to meet with such business at his coming, therefore desired them to have his friend excused for that time; and seeing they were a number sufficient to do the errand they might go to it, or if they pleased to delay the same to the next morrow, he should be with them. They answered, that they were also little foreseen at their coming of those matters as he was, and seeing they were all joined in one Commission, if he was the principal did decline it, they could do nothing by themselves; and so the businese was left for that night. In the morning early the King and Council departed to Linlithgow, The King with the Council departeth to Linlithgow. leaving a Proclamation which was presently published at the Market Cross of Edinbough, of this Tenor. That the King considering the late treasonable uproar moved by certain factious persons of the Ministry of Edinburgh (who after they had uttered most seditious speeches in Pulpit, did convene a number of Noblemen, Barons and others in the little Church and sent some of their number to his Majesty being then in the upper house of Session, using him in a most irreverent manner and with speeches ill-beseeming any subject. And that a multitude of the Townsmen by persuasion of the said Ministry had treasonably put themselves in Arms, A Proclamation discharging all Judicatories to sit in Edinburgh. intending to bereave his Majesty and his Council of their lives) did think the said Town an unfit place for the ministration of justice, and had therefore ordained the Lords of Session, the Sheriffs, Commissioners, and Justice, with their several members and Deputies to remove themselves forth of the Town of Edinburgh, and be in readiness to repair unto such places as should be appointed; commanding in like sort all Noblemen and Barons to dispatch unto their houses, and not to presume to convene either in that or any other place without his Majesty's licence, under the pain of his Highness' displeasure. This Proclamation with the King's sudden departing wrought a great alteration in the minds of the people. A great alteration in the minds of people. They began then to see their error, and looked heavy one upon another; the better sort being in a great perplexity what they should do, called their Council together, but could not resolve what course to take: To follow the King and plead for the Town, they could not think any of them would be accepted; (and it being the last day of the week, hardly would any others undertake the employment) so as they saw no way but to be quiet till they heard what the King and Council concluded to do. But the Ministers persisting in their first resolution laboured to have the Noblemen and Barons remain together, and to send for others well-affected in Religion, who as they thought would join in the cause. A Bond for mutual concurrence. A Bond to this effect was drawn up, and subscrived by some few. The Council of the Town excused themselves, saying. Their good will was known, and that they were not to leave their dwellings; which made divers keep back their hands. Always it was thought meet that the Ministers should write to the Lord Hamilton and the Laird of Bacleugh, of whose assistance they held themselves assured, entreating them to repair to the Town and countenance the cause, as likewise that the rest of the Ministers in the Country should be convened as unto a General Assembly, and desired to bring with them the best affected Gentlemen within their Parishes. They were at the same time in a long deliberation, The excommunication of the Precedent deferred. whether or not they should excommunicate the Lord President and Advocate, which divers urged. The Controller was in some better opinion with them by reason of a Message sent quietly to M. Rob: Bruce. But in end they resolved to continue that business to the meeting of the Assembly, A Fast in the City. when the Sentence might be pronounced with greater authority. Mean while to keep the people in a good disposition, a Fast was proclaimed through the City, and Sermons of preparation ordained to be made that afternoon in all the Churches. A Minister named Mr. john Welch making offer to supply the place in the high Church, M. Welch and his Sermon. was allowed to preach, who taking for his theme, the Epistle sent to the Angel of the Church of Ephesus, did rail pitifully against the King, saying, He was possessed with a Devil; and one Devil being put out seven worse were entered in place. And that the subjects might lawfully rise, and take the sword out of his hand: which he confirmed by the example of a Father that falling in a frenzy might be taken by the Children and servants of the family, and tied hand and foot from doing violence. A most execrable Doctrine and directly repugnant to holy Scriptures; which yet was taken by many of the hearers, as a sound and free application: so ready are men to flatter themselves in wickedness, A rumour dispersed that Arroll had some forces assembled. and even to justify impiety itself. A rumour was then also dispersed about the Town, that in the day of tumult the Earl of Arroll did come to the Queen's ferry with 500 horse, and was gone back upon report of the stir. This upon the Sunday took up a great part of the Ministers Sermons, and was brought to justify the multitudes proceedings, as though they had been directed by a secret providence to disappoint the wicked practices that were in hand. A manifest forgery it was, yet believed at the same time by foolish and credulous people. The Messenger sent to the Lord Hamilton was at his coming well received; The copy of the Letter sent to the Lord Hamilton showed to the King. at first the Nobleman made a show that he would go for Edinburgh, but upon better advice he turned to Linlithgow, and taking the copy of the Letter that was sent unto him (for he rendered the principal to the bearer) he showed the King what an invitation he had from those at Edinburgh. The King at sight of the Letter grew exceeding angry, for therein after a short narrative of the injuries the Church had received by the malice of some Counsellors, it was said, That the people animated by the word, and motion of God's Spirit had gone to Arms, and that the godly Barons and other Gentlemen that were in Town, had convened themselves and taken on them the patrociny of the Church, and her cause: only they lacked a Head and special Noblemen to countenance the matter, and since with one consent they had made choice of his Lordship, their desire was that he should come to Edinburgh with all convenient diligence, and utter his affection to the good cause, accepting the honour which was offered unto him. This Letter indicted by Mr. Robert Bruce, This Letter did offend many of the better sort. and subscrived by him and Mr. Walter Balcanquell, was of all that yet had happened the worst, nor could it receive any good construction; for albeit in an apology afterwards set forth, it was said to be penned only to please the Nobleman, who was of an ambitious humour; yet put the case he had accepted, and taken before him to be their Head as he was desired, who can tell what mischief might have ensued, and if it might not have turned to the wrack and ruin of many innocents'? But faults follow one upon another, and when men have once passed bounds, they run easily into error. On Monday early, A charge for apprehending the Ministers. a Charge was directed to the Provost and Bailiffs for imprisoning the Ministers; but they upon some advertisement fled, and went to Newcastle in England. The Town the same day sent john Arnot, Hugh Brown, George Heriot, and john Wat, to purge themselves of the Tumult, and offer their obedience in every thing his Majesty and Council should be pleased to enjoin for repairing the indignity and dishonour done to his Highness; providing they should not be thought guilty of the crime, The King refuseth the purgation offered by the Town. The tumult declared treason by act of Counsel. which from their hearts they detested. But the King would receive no purgation, saying, That fair and humble words could not excuse such a fault, and that he should come ere it were long, and let them know he was their King. The next day in Council, the Tumult was declared to be treason, and the Devisers, Executors, and Partakers to be Traitors, as likewise all that should thereafter partake and assist the committers thereof. This put the Town in a great fear, The Town employed others towards the King. neither did they expect any other than an utter ruin. All the Judicatories were removed to Leth; the Session ordained to sit at Perth after the first of February; their Ministers were fled, the Magistrates not regarded; and those of greatest power about the King their enemies; what they should do they were doubtful: after divers opinions given, they are resolved that some should be sent who would be more acceptable, to supplicate the King, and excuse the Towns part, for that perhaps would be taken better at other men's hands then any of their own. To this errand none was held so sit, as Mr. David Lindesey Mr. john Preston, and Mr. john Sharpe, men in favour with the King, and free of all faction. These coming to the King at Linlithgow, The Proposition made by those that were sent by the Town. after they had showed the miserable estate of the Town, and how grieved all honest men were for the displeasure he had conceived against them; did beseech him not to use the extremity of rigour, but to put a difference between the innocent and guilty. In great Towns such as that was, they said, there would ever be some bad spirits, and if the insolences of a rascal multitude should be imputed to the Town, it would be thought hard, specially since the Magistrates had done their duties and repressed the Tumult. If on their part there had been any connivance, or the smallest appearance that they did favour the sedition, they protested, that they would not have opened their mouths in their favour, but since it was known that none were more offended with the Tumult than they, and that they were careful to find out the authors and present them to punishment, they could not but humbly entreat his Majesty to relent his wrath, and to be mitigated towards the Town. The King after a little pause answered, His Majesty's answer. That he could not think the Town to be free, for if some of the Principals had not approved the Multitude in their doings, the Tumult could not have been so great, but howsoever the Magistrate's negligence could not be excused, in so far as they did not prevent the disorder; always his resolution was to proceed by form of law, and not to use any violent course; but he had apppointed the Estates to meet in the same place where the dishonour was done unto him, and would follow their advice both in the trial and punishment. With this answer they were dimitted. The last of December, The King cometh to Leth and the next day to Edinburgh. which was the day preceding the Convention, the King came to Leth and stayed there all night, giving order for his entry into the Town the next morning, which was in this manner, The keys of the Town being delivered to one of the King's Officers, a guard of armed men was placed in the streets, and the Citizens being commanded to stay within their houses and forbidden to carry any weapon. The Earl of Marre with the Lord Seaton and Ochiltrie had the charge of the Town given them, without the admission of the Magistrates; and they having disposed all things in the best fashion, the King accompanied with a great train of Nobles, entered the Town, and riding up the street lighted at the Tolbuiths; where the Estates were appointed to meet; after some general discourses of the Tumult, the King was advised to call the Magistrates and hear what they could say in behalf of the Town. Sir Alexander Hume of Northberwick Provost, Offers made by the Town for pacifying his Majesty's anger. Roger Matmath, George Todrick, Patrick Cothran, and Alexander Hunter Bailiffs, with a number of the Town Council compeiring and falling on their knees, after some few words delivered by the Provost, did present in writing the offers following. That for pacifying his Majesty's wrath and satisfying the Lords of Council, they should upon their great oath purge themselves of all foreknowledge and partaking in that seditious Tumult. And as already they had made a diligent search to find out the authors, so they should not cease till they had brought the trial unto the uttermost point: or if his Majesty and Council do think any others more fit to take the examination, they should willingly resign their places to such as his Highness would appoint, and assist them at their power. And because his Majesty had taken that Tumult to proceed from certain Sermons preached by their Ministers, who were now denounced Rebels, they should promise never to readmit any of those Ministers, unless his Majesty did command otherwise. As also that the like should not fall out thereafter, the Town should be obliged never to receive any Minister in time coming, but by his Majesty's advice and approbation; and in the election of their Magistrates, they should yearly present their lights to his Majesty and the Lords of Session, to be allowed or disallowed at their pleasure, and propone such others as his Majesty should think more apt and sufficient for the Charge, and to that effect, should alter the time of their election, and make the same on some day of November, when the Lords of Session were convened a●d might give their advice thereto. They did lastly offer to fulfil whatsoever his Majesty and Council should think fit to be done in the premises, under protestation that they did not take upon them the crime, and that it should not be thought to have been committed of their foreknowledge. Thus it proved true, The effects of the mutiny contrary to that which was intended. which Tacitus saith, that all conspiracies of the Subjects, if they succeed not, advance the Sovereignty: for by this Tumult was the King's authority in matters Ecclesiastical so far advanced, as he received little or no opposition thereafter. The offers of the Town, Advice given to raze the Town. howbeit made in great submission, were not accepted, and counsel given by some Noblemen to raze the Town, and erect a Pillar in place thereof, for a monument of the insolency committed, and the just punishment taken thereof. Others were more mild in their opinions; but for that time nothing was concluded. The Queen of England upon notice sent to her of these broils, did write to the King a letter, which (for the loving advice it contained) I thought meet here to insert. My dear brother, If arare accident, The Queen of England's letter to the King. and ill welcomed news had not broken my long silence, I had not used now Pen-speech, as being careful of your quiet, and mindful of your safety. To omit the expressing of both, by letting you know how untimely I take this new begun frenzy that may urge you to take such a course as may bring into opinion the verifying of such a scandal, as ye avowed to me to be far from your thought. In this sort I mean it, some members of the Church with their companies, have over audaciously emboldened themselves to redress some injurious acts that they feared might overthrow their profession, which though I grant no King for the manner ought to bear with, yet at the instant when the new banished Lords returned, and they seen to be winked at without restraint, and the spring time going on, when promised succour is attend, together with many letters from Rome and elsewhere sent abroad, to tell the names of men authorized by you, as they say, (though I hope falsely) to assure your conformity, as time may serve you, to establish the dangerous party and fail your own. I wail in unfeigned sort, that any just cause should be given you, to call in doubt so disguised acts, and hope that you will so try this cause, as that it harm not you, though it ruin them. Of this you may be sure, that if you make your strength of so sandy a foundation, as to call to your aid such as be not of your flock, when as the one side be foolish, rash, headstrong, and brainsick, yet such as may defend you, having no sure anchorage for themselves, if you fail them; and the others, who have other props to sustain them, though they lack you, yea such as though your private love to their persons, may inveigle your eyes, not to pierce in the depth of their treason; yet it is well known, that their many petitions for foreign aid, might have tended to your peril, and your Country's wrack; for seldom comes a stranger to a weaker soil, that thralleth not the possessor, or indangereth him at least. I trust you think no less; or else they must justify themselves to condemn you, for without your displeasure, not feared for such a fact, no answer can shield them from blame. Now to utter my folly in seeming busy in another's affairs, I suppose you will not mislike, since the source of all is care of your good, to desire that nought be done that may embolden the enemy, decrease your love, and endanger your surety: This is in sum the line whereto I tend, and God I beseech to direct your heart in such sort, as ye please not your worst subjects, but make all know in a measure what is fit for them, and make difference between error and malice. So God bless you with a true thought of her that means you best, Your most affectionate sister ELIZABETH R. This letter was to the King's mind, for albeit he judged the offence great, The letter pleased the King well. yet it was not his purpose to use rigour, The tumult declared Treason in the Convention of Estates. but to assure the obedience of the subjects in time coming, and make his own advantage of their disorders. Therefore in the next meeting, which was kept at Halyrudhouse, the tumult being of new declared to be treason by the Estates, no further was done, but a conclusion taken to pursue the Town criminally before the Justice; The Town of Edinburgh charged to appear at Perth. and to charge the Provost, Baylies, Council, and Deacons of Crafts, as representing the whole body of the Town, to enter their persons within the Town of Perth before the first of February, and there to keep ward till they should be cleared, or found guilty of the uproar. In this convention the Octavians not according well amongst themselves (for the Prior of Blantire did keep a course with the Gentlemen of the Chamber, The Octavians quit their Commission of the Exchequer. and underhand informed the Ministry of the ill affection that the Precedent and Advocate carried unto them) gave over their Commission of Exchequer in his Majesty's hands. They pretended the many burdens, which they sustained otherwise, their services in Council, and Session, with the charge of the Queen's Rent and living, but the true cause was, the malice and envy carried unto them for the credit and place they had with the King, which their service had well deserved; for never were the rents of the Crown so thriftily, and so rightly used as in that short time of their employment. But the King loved to have peace though with his own loss, neither did they like to be the instruments of his trouble. A little before these stirs with the Church, Captain james Stewart killed. Captain james Stewart (who had been sometimes Chancellor, and carried the Title of the Earl of Arran) was james Dowglas of Torthorald. This man after he was put from Court had lived obscure in the North parts, and was entertained by the Lady Salton his sister in-law, being in some hope to come again by the office of chancellary, which was yet void by the death of the Lord Thirlestan, he came South, and had a long conference with the King, which did greatly encourage him, but till matters might be better prepared, he took purpose to visit his friends in Kyle. Taking his journey by Symington nigh unto Dowglas, he was advised by his friends in those parts to look to himself, and not ride so openly because of Tortherald that lived not far off, whose Uncle he had followed (as they spoke) to the death. His reply (as he was a man proud and disdainful) That he would not leave his way for him, nor for all the name of Dowglas, being overheard by a fellow, and reported to Tortherald, did so inflame him, the old ulcer remaining uncured, as he avouched to have his life at all hazards. So getting intelligence that he had taken horse, he made after him with three of his servants, and overtaking him in a valley called Catslack, after he had stricken him from his horse, did kill him without any resistance. It is said that when Captain james saw the horsemen following, he asked how they called the piece of ground on which they were, and when he heard the name of it, he commanded the company to ride more quickly, as having gotten a response to beware of such a part: he was a man full of violence, and when he was in place of rule executed it with much cruelty, which was now paid home in the end. The King, A national Assembly indicted at Perth. who longed to see a decent order established in the Church, such as agreed with the Word of God, the allowable custom of the primitive times, and with the Laws of the Country, did think this a fit time to effectuate his purpose, and thereupon to hold a national Assembly to meet at Perth the last of February, for treating and determining the bounds and exercise of the spiritual jurisdiction; and to the end that all might come the better prepared, and be duly advised with the matters then to be entreated, he caused some Articles to be drawn up and imprinted with a Preface, Articles published in print for the better preparation to the Assembly. wherein he took God the searcher of all hearts to record, that his intention was not to trouble the peace of the Church by thorny questions, nor yet to claim to himself any tyrannical or unlawful government over the same, but only to have these doubts solved, which might either in his time, or in the time of his successors engender debate; and to have the policy of the Church so cleared, as all corruptions being removed, a pleasant harmony might be settled betwixt him and the Ministry, to the glory of Almighty God, the content of all good men, and terror of the wicked. The Articles were 55 in number, and drawn up in form of Questions, as followeth: 1 May not the matters of external gubernation of the Church be disputed, salva fide, & religione? 2 Is it the King severally, or the Pastors severally, or both conjunctly, that should establish the Acts concerning the gubernation of the Church, or what is the form of their conjunction in the making of laws? 3 Is not the consent of the most part of the flock, and also of the Patron, necessary in the election of Pastors? 4 Is it lawful for the Pastor to leave his flock against their wills, albeit he have the consent of the Presbytery, and for what cause should the Presbytery consent thereto? 5 Is it lawful for a Minister to use such application then that which may edify his own flock, or is the whole world the flock of every particular Pastor? 6 Is he a lawful Minister who wants impositionem manuum? 7 Is it lawful to Pastors to express in particular the names of Counselors, Magistrates, or others whatsoever in pulpit, or so lively to descrive them that the people may understand, by whom they mean, without notorious declared vices, and private admonitions preceding? 8 For what vices should admonitions and reproving of Magistrates pass publicly from Pulpits, in their absence or presence, respective? 9 Is the application of doctrine in pulpits lawful, which is founded upon informations, bruits, and rumours, suspicions, and conditions, if this be or that be, probabilities, likeliness, or unlikeliness of things to come in civil matters, which all may be false, and consequently the doctrine following thereupon; or should all applications be grounded upon the verity of known and notorious vices? 10 Is the Text which is read in pulpit, the ground whereupon all the doctrine should be built; or may all things be spoken upon all texts, so that the reading thereof is but a ceremony? 11 May a simple Pastor exercise any jurisdiction, without consent of the most part of his particular Session? 12 Is his Session Judge to his Doctrine? 13 Should not the Moderator of the Session be chosen yearly, or any who hath voice therein? 14 May the Session be elected lawfully by Ministers only, without the consent of the whole Congregation? 15 Why should not Elders and Deacons of particular Sessions be elected ad vitam? 16 How many Presbyteries are meet to be in the whole Country, in what places, and how many Pastors of Churches in every Presbytery? 17 Should not the Elders and Deacons of every particular Session have voice in Presbyteries, or the Pastors only? 18 What are the matters belonging to the jurisdiction of the Presbytery, which may not be entreated in particular Sessions? 19 What form of process in libelling and citation, what terms and diets, and what probations should be used before the said particular Sessions and Presbyteries respective? 20 What matters should the Synodall Assemblies treat upon, which may not be decided in Presbyteries? 21 Should not all who have voice in Presbyteries, and in the particular Sessions, have voice in the Synodall Assemblies? 22 Should each University or College, or every Master or Regent within Colleges, have voice in Presbyteries, and Synods, the Towns and Countries where they are, as likewise what form of voice should they have in General Assemblies? 23 Is it lawful to convocate the General Assembly without his Majesty's licence, he being pius & Christianus Magistratus? 24 Is it necessary that the General Assembly should be ordinarily convened for weighty causes concerning the whole Church? 25 Have not all men of good Religion and learning, voice in the General Assembly? 26 Is every particular Pastor obliged to repair to the General Assembly, or is it sufficient that only Commissioners come from every particular Session, Presbytery, or Synodall? 27 Who should choose the Commissioners to come from every Shire to give voice in the Generally Assembly? 28 What is the number of those that give voices, which is necessary to the lawfulness of a General Assembly, and how many of the number should be Pastors, and how many other men? 29 May any thing be enacted in the Assembly, to which his Majesty consents not? 30 Is it necessary that the two part of them who have jus suffragii should consent to any things discerned in Ecclesiastic judgements, that matters pass not by one voice, more or less? 31 Hath not every judgement inferior to the General Assembly, a Territory limited, without the which they have no power of citation, or jurisdiction? 32 What is the ordinary Ecclesiastic judgement for his Majesty's household and Council, removable with his Majesty to any part of the Realm? 33 Should there be libelled precepts containing the cause of the citation and certification of the Censures before all Ecclesiastic judgements, or should they answer super inquirendis? 34 Have the Inferior Judgements power to summon any to compeir before the Superior? or should men be summoned only by the authority of that Judgement, before which they ought to compeir? 35 Is it not necessary, that private admonitions, with reasonable intervals of time, pass before all manner of Citations? 36 What interval of time is necessary between every private admonition, and between the first Citation, and the day of Compeirance, and betwixt the Citation, and the last admonition in every one of the said Judgements? 37 How many citations should infer contumacy? 38 Is simple contumacy without probation of a crime, or is any crime without contumacy, a sufficient cause of Excommunication? 39 Are there not divers kinds of Censures, such as prohibitio privati convictus, interdictio à coena, not published to the people; and last of all, publica traditio Satanae? 40 Should the Presbyteries be Judges of all things that import slander, and if so be, whereof are they not Judges? 41 Can Excommunication be used against thiefs, murderers, usurers, and not payers of their debts; and if so it may be, why are not the Highland and Border-thieves cursed, as also all the forswearing merchants and usurers amongst the Burroughs? 42 Is there any appellation from the Inferior to the Superior Judgement, and is not the sentence suspended during the appellation? 43 Should not all Processes, and Acts be extracted to parties having interest? 44 Is summary Excommunication lawful in any case without admonition and citation preceding? 45 Have any others but Pastor's voice in Excommunication? 46 Hath every Ecclesiastical Judgement a like power to excommunicate? 47 Is it lawful to excommunicate such Papists as never professed our Religion? 48 A woman being excommunicated, having a faithful husband, should he thereafter abstain from her company? 49 Is it not reasonable that before any Letters of horning be granted by the Session upon the process of excommunication, that the party should be cited to hear them granted? 50 Hath not a Christian King power to annul a notorious unjust sentence of excommunication? 51 May any Council or University be excommunicated, for what cause, by whom, and the manner thereof? 52 When the Pastors do not their duties, or when one Jurisdiction usurpeth upon another, or any other Schism falleth out, should not a Christian King amend such disorders? 53 May Fasts for general causes be proclaimed without a Christian Kings command? 54 May any Ecclesiastical judgement compel a man to swear in suam turpitudinem? 55 Should there any thing be entreated in the Ecclesiastical judgement prejudicial to the Civil jurisdiction or private men's rights, and may not the Civil Magistrates stay all such proceedings? How soon these Questions were divulged, The Ministers greatly perplexed with these Questions. and that it's seen they all touched upon the abuses crept into the discipline, the Ministers that stood affected to the present order were much perplexed, neither did any thing more offend them, then that the government should be brought in dispute, which they had given out always to be a part of the Gospel. This at any hand they thought was to be prevented; and many private Conferences were kept to this purpose: neither did the King neglect to provide himself of a party against that meeting; and thinking he should gain most easily the Ministers in the North parts, Sir Patrick Murray directed to the North to deal with the Ministers. he employed Sir Patrick Murray Gentleman of his Chamber, to deal with them, giving him direction first to show what a slander the Ministers of Edinburgh had brought upon Religion by stirring up of the late uproar, and the inciting of the Lord Hamilton, and others of the Nobility to open Rebellion against him; how for the same they were become Fugitives, and denounced his Majesty's Rebels; and thereupon to desire them by some public Act or Declaration to utter their dislike of the seditious and treasonable courses. He was next desired to urge their subscription to the Bond, which was appointed to be subscribed by the Ministers for acknowledging his Majesty's Royal power above them in all causes of sedition, treason, and other civil and criminal matters, and in all speeches uttered by them in Pulpits, Schools, or otherwise, which might import the said crimes, or any of them. 3ly, To require them to accept the Earl of Huntley his offers for satisfying the Church, and to absolve him from his Excommunication, they finding his offers reasonable, seeing the bosom of the Church ought always to be open to penitents; and that they should be more ready to receive then cast out; wherefore as the Presbytery of S. Andrew's, to the which he was not subject, had pronounced him excommunicate, they under whose jurisdiction he lived, might and ought with better reason declare him absolved. Neither should the pretext of the General Assemblies ratification of the sentence be a stay unto them, considering it was done many months after the pronouncing of the sentence, and that the absolution they should give might in the like manner be ratified at the next Assembly; much less ought the prohibition of the Presbytery of Edinburgh (whereof his Majesty was informed) be any hindrance, to them, seeing they were neither subject, nor subordinate to them, but as free in all respects as themselves. And if any doubt should arise upon the form of the Earls satisfaction, he was to remember them, that the same is expressly defined in the Act of Parliament, An. 1572, made against Apostates, and other adversary's of the true Religion, where it is said, That they which have made defection from the truth, should not be received to our Sovereign Lords mercy and favour, till they have given of new the confession of their faith, and promised to continue in the profession thereof all time coming, and to fortify the Preachers of the same against whatsoever enemies. Last of all, he was appointed to deliver them a Copy of the imprinted Questions, and to desire the most discreet of their number to be sent Commissioners to the Assembly appointed at Perth, with promise of special favour to them in all their business, his good will towards the Ministry being no way altered by the wrong he had received from those insolent Ministers of Edinburgh. This was the substance of his instructions. The Ministers with the reverence that was due, The Ministers Answer. That for the Tumult of Edinburgh they were ignorant of the Ministers behaviour therein, as likewise of their flight; and having no jurisdiction over them, they could give forth no judgement or censure; only in the general they would say, that whosoever with just trial should be found authors of that Insurrection deserved to be punished as Traitors, and if they were Ministers, to be doubly punished. For their subscription to the Bonds, They answered, That at their acception of the Ministry they had taken oath for acknowledging his Majesty's power and authority, and would not decline the same; but where the Bond did mention speeches uttered in pulpit, because the same concerned application of doctrine, which his Majesty had proponed, as a Question to be decided in the approaching Assembly, they did humbly entreat his Majesty to spare them in that point, unto that time, which they promised precisely to keep. For the Earl of Huntley, they said, His repentance should be most acceptable to them; that they were content to give him conference, and use all means for his resolution; but they did not find him so willing to conform as they wished, nor very earnest for his absolution. This was the sum of their Answer; which the King did accept the better, because of the hopes given to his servant of all satisfaction on their parts at the meeting of Perth: which they also performed; for both then and afterwards in all Assemblies and conventions they did stick fast unto him. But the King being made to understand that Huntley did linger and delay to make offers for satisfying the Church, he sent him the Letter following written all with his own hand. My Lord, I Am sure ye consider, and do remember how often I have incurred skaith and hazard for your cause, His Majesty's Letter to the Earl of Huntley. therefore to be short, resolve you either to satisfy the Church betwixt the day that is appointed without any more delay, or else if your conscience be so kittle, as it cannot permit you, make for another Land betwixt and that day, where ye may use freely your own conscience: your Wife and Barns shall in that case enjoy your living; but for yourself look never to be a Scotish man again. Deceive not yourself to think that by lingering of time your Wife and your Allies shall ever get you better conditions. And think not that I will suffer any professing a contrary Religion to dwell in this Land. If you obey me in this, you may once again be settled in a good estate, and made able to do me service, which from my heart I would wish. The rest I remit to the bearer, whose directions ye shall follow if you wish your own well. Farewell. From Dunfermlin. JAMES R. Such was the King's care for reclaiming the Nobleman to the profession of the truth, Letters directed to the Presbyteries for keeping the Assembly. whilst people suffered themselves to be abused with rumours, that he himself was declining. Letters in the mean time were directed to all the Presbyteries, advertising them of the meeting at Perth and desiring they should send their Commissioners thither instructed, with power to treat and conclude in all matters proponed. When the day came, the Assembly was frequent enough, but divers Commissioners bearing a power only to convene, hear, and report, and not to question any thing concluded in former Assemblies, the King sent Sir john Cockborne of Ormeston Sir john Preston, and Mr. Edward Bruce, to ask those that were convened. Whether they did account that meeting a lawful General Assembly, having power sufficient to treat and conclude in the Articles that should be proponed, according to his Majesty's missive Letters directed to the several Presbyteries? The Assembly declared to be a lawful General Assembly. After long reasoning, answer was made, That they did esteem the meeting to be a lawful General Assembly, called extraordinarily by his Majesty's Letters, and that they would hear, treat, and conclude of things that should be moved unto them, according to the Commissions wherewith they were authorized. This Answer given, note they presented the Articles following. Articles presented by his Commissioners to the Assembly. Seeing the quietness of the Church, and the freeing of the same from slander, which upon the contrary effects would necessarily follow, is the principal scope and end, at which his Majesty aimeth in this present Assembly, foreshowing fashions and long disputes, whereupon controversies and debates might arise; his Majesty hath thought good to remit the decision of a great number of the Questions imprinted to better opportunity, and will content himself with the determination of a few that he hath made choice of, which with a greater could not be longer delayed. As first, that it be not thought unlawful either to the Prince or any of the Pastors, at any time hereafter to move doubts, and crave reformation of any points in the external policy, and discipline of the Church, which are not essential concerning salvation, nor expressly defined in Scripture; providing it be done decenter in right time and place, animo aedificandi non tentandi. 2 That seeing the civil and politic government of the Country belongs properly to the King's office and his Counselors; and it is no way pertinent to the spiritual Ministry of the Word; that no Minister should thereafter meddle with matters of Estate in Pulpit, or with any of his Majesty's laws, statutes, or ordinances; but if any of them seem hurtful to Religion, they should complain to the King and Council. 3 That it should not be lawful to Ministers to name any particular men's names in Pulpit, or so vively to descrive them, as may be equivalent to their naming, except upon the notoriety of a crime, which notoriety must only be defined by the guilty persons being fugitive for the crimes, or the declaration of an Assize, or their excommunication for the same. 4 That every Minister in his particular application have only respect to the edification of his own flock, and present auditory, without expatiating in other discourses no way pertinent to their congregation. 5 That every particular Presbytery be commanded to take a diligent account of the doctrine of their Ministers, and see that they keep themselves within bounds in the premises. 6 That summar excommunication be utterly discharged, and that three lawful citations at least of eight day's interval betwixt every one of them, precede the sentence. 7 That no Session, Prebytery, or Synod use Censures upon any but those that are within their bounds, otherwise their decreets and sentences to be null. 8 That all summons contain a special cause and crime, and none be used super inquirendis, quod est merè tyrannicum. 9 That no meeting or convention be amongst the Ministers without his Majesty's knowledge and consent, except the ordinary Sessions, Presbyteries and Synods. 10 That in the principal burgh's no Ministers be placed without the consent of his Majesty, and the flock; and this order to begin presently in Edinburgh. 11 That all matters concerning the rest of his Majesty's Questions be suspended, and neither condemned nor rebuked, either in pulpit, or any other judicatory, till the same be decided in the next General Assembly; especially that no matters be called before the Ecclesiastical judicatories, as importing slander, wherein his Majesty's authority may be prejudged; but that they meddle only with causes merely Ecclesiastical. 12 That some wise and discreet Ministers to the number of seven or eight, be authorised by Commission, to reason upon the rest of the Questions, when opportunity of time shall serve. Lastly, that the present Assembly grant Commission to the Ministers of the North Country, to absolve the Earl of Huntley from his Excommunication, if he satisfy the Church. For the better determining of the said Articles. The advice of certain Brethren set apart to consider the Articles, it was thought meet that some brethren should be desired to confer of them apart, and report their opinions to the Assembly, which they did the next morning. Touching the first Article, they said, that they held it not expedient to make any law, or act concerning that matter, lest a door should be opened thereby to turbulent spirits; otherwise they did think it lawful to his Majesty by himself or by his Commissioners to propone in a General Assembly whatsoever point his Majesty desired to be resolved in, or to be reform in specie externi ordinis, seeing substantia externae administrationis Ecclesiasticae, est plenissimè prodita in sacris literis. And as the General Assembly hath accepted well of this manner of doing in all times past, so in their opinion they should do the like in time coming. For the second their advice was, that the Acts already made which are hurtful to Religion and prejudicial to the liberty of the Word, should be discharged, and no Act thereafter past concerning Religion without the advice and consent of the Church. As for matters of Estate mentioned in the Article, they craved a further explanation of that point. The third they esteemed reasonable, that no man's name should be expressed to his rebuke in pulpit, unless the fault was notorious and public, but they esteemed notoriety must be defined otherwise then by the three ways set down in the Article; for contumacy after citation, the public commission of a crime, such as was Bothwell's treasonable contempt at Leth, the Burning of Dumebirsell, and the like, make also a notoriety. As to the vive description, said to be equivalent, they thought it hard to set any law to that, seeing every guilty person will think himself descrived, when his fault is rebuked, albeit the Minister doth not think of him. The fourth, and fifth Articles they judged lawful: but for the sixth, which craves a simple charge of summar Excommunication, they advised to remit the same to the next Assembly, suspending the practice thereof, in the mean time: the seaventh, they thought likewise was to be remitted: to the eighth they agreed; and for the nineth that concerned the meeting of Pastors, they said that besides Sessions, Presbyteries and Synods, Pastors are accustomed to meet, for visitation of Churches, admission of Ministers, taking up of feods, resolving of questions. The tenth they esteemed reasonable; the eleventh Article seeming to import a discharge of many points of discipline, they said, was so large that it could not be presently answered; and the last two they remitted to the full Assembly judging that they ought to be granted. These answers showed to the King were not liked, The Assembly required to meet with the Estates. and held unsufficient; whereupon the Assembly was desired to repair to the place where his Majesty and the Estates were convened for treating upon the foresaid Articles: at their coming the King had a speech much to this purpose; That they could not be ignorant either of the occasion or of his purpose in calling the present Assembly; and for the occasion, that it grieved him to remember it, not for any injury or displeasure done to himself, but for the shame and slander cast upon Religion; for have not the adversaries, said he, too just a ground against us, who say that our profession teacheth the contempt of Princes, and maintains insurrections against them? I know it is the fault of men and not of the profession, and none of you that are met here, I take to be guilty of the late attempt, but it is in your hands to clear yourselves, if any think otherwise, and so to free your profession of that scandal. As for the purpose for which I have called you together at this time, it is to mend such things as are amiss, and to take away the questions that may move trouble afterward: if you for your parts be willing to have matters righted, things may yet go well. I claim nothing but what is due to every Christian King within his dominion, that is to be Custos & vindex disciplinae▪ Corruptions are crept in, and more daily growing by this liberty, that preachers take in the application of their doctrine, and censuring every thing that is not to their mind. This I must have mended; for such discourses serve only to move sedition and raise tumults. Let the truth of God be taught in the Chair of truth, and wickedness be reproved but in such sort as the offender may be bettered, and vice made more odious. To rail against men in Pulpit, and express their names as we know was done of late, there being no just cause, and make the word of God which is ordained to guide men in the way of salvation, an instrument of sedition, is a sin, I am sure, beyond all other that can be committed on earth: hold you within your limits, and I will never blame you, nor suffer others to work you any vexation. The civil Government is committed to me, it is not your subject, nor are ye to meddle with it. After such words as these he began to speak of the Articles proponed, desiring to hear what reasons they had to the contrary. Mr. Thomas Buchannan, as he was appointed, did first protest in the name of the Assembly, Protestation made by Mr. Tho: Buchannan in name of the Church. That their coming to that place, was only to testify their obedience to his Majesty, and to hear what shall be proponed, but not to submit matters Ecclesiastic, either concerning doctrine or discipline. to their Judicatory; or yet to make themselves one Assembly with the Estates; and that therefore they should be permitted to return to the place of their Assembly to treat, reason, and conclude in the points moved unto them according to the word of God and good consciences: which protestation was admitted. Then he did humbly thank his Majesty for his good affection to the Church, and care he had to redress things that were amiss in so peaceable a manner. And for the particulars proponed, he showed what was the mind of the Assembly, and the reasons that led them unto it, saying, they were willing to hear and give place to better information. Hereupon ensued a reasoning, which kept a long time, and ended in a good agreementL: so the ministers were dimitted, and Assembling again in the ordinary place, they corrected their first answers in this sort. 1 That it is lawful to his Majesty by himself or his Commissioners, The answers of the Articles reform. or to the Pastors, to propone in a general Assembly whatsoever point his Majesty, or they desire to be resolved, or reform in matters of external government, alterable according to circumstances, providing it be done in right time and place, animo aedificandi non tentandi. 2 That no Minister should reprove his Majesty's Laws, Acts, Statutes, and Ordinance, unto such time as first he hath by the advice of his Presbytery, Synodall or general Assemblies, complained and sought remedy of the same from his Majesty, and made report of his Majesty's answer before any further proceeding. 3 That no man's name should be expressed in Pulpit to his rebuke, except the fault be notorious, and public; which notoriety is thus defined; if the person be fugitive, convict by Assize, excommunicate, contumax after citation or lawful admonition; nor yet should any man be descrived vively by any other circumstances then public vices always damnable. 4 That no Minister should use application, wherein he hath not a principal respect to the edifying of his own flock, and present auditory. 5 That every Presbyter take diligent account of the Pastor's doctrine, and that he keep himself within the bounds of his words. 6 That the answers of the sixth Article shall be superseded unto the next general Assembly, suspending in the mean time all summary excommunication unto the said Assembly. 7 That the seventh Article be remitted to the next Assembly. 8 That all summons contain the special cause and crime, and none to be given out super inquirendis. 9 That no conventions shall be amongst the Pastors without his Majesty's knowledge and consent; except their Sessions, Presbyteries and Synods the meetings of the visitations of Churches, admission or deprivation of Ministers, taking up of deadly feuds, and the like which have not been found fault with by his Majesty. 10 That in all principal Towns the Ministers shall not be chosen without his Majesty's consent, and the consent of the flock. 11 That all matters concerning remnant questions shall be suspended, and neither damned nor rebuked in Pulpit or other Judicatories till they be decided in the general Assembly; and that no matters importing slander shall be called before them in the mean time, wherein his Majesty's authority is prejudged, causes Ecclesiastical only excepted. Lastly, Persons nominated to reason the questions. for reasoning the said questions according to his Majesties desire the Assembly did ordain Mr. james Nicolson, Mr. john Coldelewch, Mr. Andrew Clayhills, Mr. Thomas Buchannan, Mr. David Lindsey, Mr. james Melvill, Mr. Robert Wilky, Mr. William Cowper, Mr. john Cowper, Mr. Robert Rollock, Mr. Patrick Galloway, Mr. Robert Howy, john Duncanson, and Mr. james Bryson to convene at such time and place, as his Majesty should be pleased to appoint, and to report their opinion and advice to the next general Assembly. These conclusions taken, which for a beginning did satisfy the King, Commission given for absolving the Popish Lords. a Commission was also given at his Majesty's desire to the Ministers of Aberdene and Murray, with some others of Mernis and Angus, for reconciling the Popish Lords. The conditions required of Huntley to be fulfilled before his absolution were 1 That he should appear before the Commissioners appointed by the Assembly the 22 of March at Aberdene, The conditions required of the Earl of Huntley. and remain in that City during the time of their conference with him, to the effect he might be instructed in the truth, and brought to condescend with knowledge unto the religion professed, and to the detestation of the contrary. 2 That he should acknowledge the Church of Scotland to be a true Church, and adjoin himself thereto, hear the Word, receive the Sacraments, and be obedient to the discipline thereof. 3 That he should solemnly promise to remove forth of his company, and from the bounds that were under his power, all Jesuits, Priests, and excommunicate persons. 4 That he swear and subscribe the confession of the faith in presence of the whole Commissioners. 5 That he acknowledge the sentence of excommunication to have been justly pronounced against him for his apostasy from the truth, the slaughter of the Earl of Murray and burning of Dumbrissill, and that he declare himself penitent therefore, promising asfithment to the party whensoever he should be moved to accept the same. 6 That he provide sufficient maintenance to the Churches within his bounds by the advice of his best advised friends, and have an ordinary Minister to reside with him in his family. And lastly, that he be content to reconcile with all that he is esteemed to carry any grudge unto; and profess no quarrel to any of those that assisted the King in his pursuit. The like conditions were required of Angus and Arroll (that which concerned the Earl of Murray only excepted.) The like condition prescrived to Angus and Arroll. All matters being thus peaceably accorded, the King caused publish the good agreement he had made with the Church, taking in his protection the Ministers with their families, goods and possessions, The King taketh the Ministers in his protection. and charging all Papists (those excepted that were in terms of satisfaction) to depart forth of the Country before the first of june. The Assembly finding the King so well pleased, The Assembly intercedes for the Ministry of Edunburgh, and others charged with the tumuls. made bold to intercede for the Ministers, the Town of Edinburgh, and the Gentlemen that were challenged for the tumult. For the Town his Majesty answered, that he was not minded to trouble innocent men, and should shortly settle with them. Touching the Gentlemen he said, they should do well to present their supplications by their friends; But for the Ministers, he esteemed them most guilty, and knew not what course to take with them. It being replied, that by the examinations taken it appeared that they all, especially Mr. Robert Bruce, was a chief instrument in the staying of the tumult, and that they should therefore be rather rewarded then punished. The King's answer. He answered, that granting they did stay the tumult, yet they were the cause of it, and if they for that fault were first corrected, he would not not be much troubled with their reward. Nottheless at the assemblies request he would be content they should be relaxed upon caution to underly the trial of Law. Thus an end was put to that meeting, and the next Assembly by his Majesty's consent appointed to be at Dundy the 10. of May following. This year Mr. john Lesly Bishop of Rosse departed this life at Brussels in Flanders, The death of Mr. john Lesly Bishop of Rosse. where for the most part he abode after the Queen of Scotland's execution. A man (though differing from us in Religion) worthy to be remembered for his fidelity to the Queen his Mistress, and the extraordinary pains he took to procure her liberty, travelling with all the neighbour Princes to interpose their credit with the Qu. of England for her relief: neither was he deficient otherwise in ministering the best consolations he could furnish for bearing patiently her cross, whereof one treatise he afterwards published full of piety and learning. How heavily he took her death, it cannot well be expressed: yet comforting himself in the best sort he could, he put off to this time, and being much weakened by a languishing sickness that held him some months he ended quietly his days. The History of his Country from the beginning of the Nation unto these last times written by him in the Latin Tongue, doth witness both his learning and judgement. It being just to give unto every man (albeit an enemy) his due commendation, I could not pass him unremembered. Mr. David Lindesay Minister at Leth was in the year following provided to that Sea. The Diet assigned for the appearing of the Town of Edinburgh at Perth was upon their petition continued first to the 15 day of February, The Town of Edinburgh denounced Rebels. and from the 15 again put off to the 1 day of March, with a declaration, That if two of the Bailiffs, with the Dean of Guild, Treasurer, four of the principal Deacons, four of the Council and their Clerk, making 13 in all, did enter themselves the said day and bring a sufficient Commission from the Provost, Bailiffs, Council and Community of the Town for underliing the order that should be taken with them, as representing the whole body, their compeirance by so many should serve for all the rest. It was the 5. An. 1597. of March before they were called, at which time there appeared a number of persons and presented a procuratory under the seal of the Town, and the subscription of the Clerks thereof, which his Majesty caused to be read. Then asked if all contained in the Commission were present: it was answered that they were all there, William Mauld excepted, who had his Majesty's letter of dispensation, which they produced; But the same being granted the 11, of january, long before the deliverance upon their petition, which expressly ordained that they should have thirteen persons present for undergoing the trial, it was declared to be no warrant, and so for not fulfilling the Ordinance of the Council the Town was denounced, the burgesses declared Rebels, and their Common goods (so they call the rents belonging to the Town) arrested to the King's use. It was pitiful to behold the desolation wherein the Town was then cast, The Magistrates renounced their Offices and would carry no more Charge, the People were left without direction wanting both Magistrates and Ministers, The Town received into favour at the intercession of Noblemen. and in this state did they continue for the space of fifteen days. At last by the intercession of some Noblemen, the King was pleased to receive the Town in favour, and the Provost, Bailiffs, Council and Deacons of Crafts being brought unto his presence at Halyrudhouse the 21 of March, and falling upon their knees did with tears beg pardon for their negligence in not timely preventing that Tumult, raifed (as they said) by a number of ill disposed people, beseeching his Majesty to take pity of the Town which did submit itself simply to his Hghness' mercy. The King after he had sharply rebuked them, and showed in many words the greatness of their offence, commanded them to remove that he might think what was fittest to be done. Then calling for their Officers they had formerly made he caused eke unto them the Articles following. Articles enjoined to be performed by the Town. That the lodgings in the Church `yard wherein the Ministers dwelled, and kept their consultations, should be given to his Majesty and used at his pleasure. That the Ministers that should thereafter serve in the Town should dwell in their own quarters and live dispersed, That the Town should be obliged, for the indemnity of the Lords of Session during their sitting, under the penalty of forty thousand marks. That the nether Council house wherein the Provost and Bailiffs did keep their meetings should be appointed for the Exchequer; and that for the offence committed the Town should be fined in twenty thousand marks to be paid in four months. These conditions accepted, the King did pardon the Town giving order to receive them to his peace, and by Proclamation recalled the Session to sit in their former place. Never did any King, considering the offence, temper his authority with more grace and clemency than did his Majesty at this time: which the people did all acknowledge, ascriving their life and safety only to his favour. Shortly after, the Ministers were also permitted to return, and had their peace granted, The Ministers of Edinburgh suffered to return but inhibited to preach. but were not suffered to preach in their places, the King taking now the occasion of finishing the work, which some two years before had been moved, for distributing the People in several Parishes and planting more Ministers among them. The let he knew was in the Town that still put off the business, because of the burden it would draw upon them; and knowing that the desire they had to have their old Ministers reponed, would make them the more forward that way, he refuses to readmit them until the distribution intended was perfected, and other four Ministers adjoined to them for the better instruction and more orderly government of the People. The Ministers themselves did also profess that they were wearied of that confused Ministry, An Assembly at Dundy. as they called it, and compeiting in the Assembly which held at the time appointed in Dundie, they resigned their offices, denying to serve any longer, unless they had a particular flock designed. But because that work required a longer time, than the Assembly could well abide together, the same was committed to certain delegates, and the Ministers dwelling near unto Edinburgh, ordained to furnish the Pulpits for the interim. In the Assembly Mr. Robert Rollock was elected to preside, Mr. Robert Rollock elected to preside, though he was not as yet in orders: In so great esteem he was with all good men for his learning, holiness, and moderation, The first thing done was the taking of an account of the Ministers travels with the Earls of Angus, Huntley, Arrol, and of their obedience to the injunctions given in the former Assembly. This was testified by the Ministers that had the charge, to have been in all points so well performed, as no more could be required of them. For verifying thereof their several subscriptions were produced, together with an humble supplication to the Assembly for accepting their satisfaction, and receiving them in the bosom of the Church: which accordingly was discerned, and order given that they should be received by the same Commissioners, Orders given for absolution of the Popish Lords. who were appointed to meet at a certain time, and pronounce their absolution. The next thing proponed was touching the questions left unresolved in the last Assembly, Proceedings of the Assembly. and because exception was taken by some brethren that were absent at the Articles concluded at Perth, especially that it should have been acknowledged for a lawful general Assembly, it was of new declared to be a lawful Assembly, and certain explanations added, by the rest of the Acts, as in the point of Notoriety the crime should be reputed notorious that was so manifest and known, Ut nulla tergiversatione celari possit: and for the convening of Pastors with his Majesty's consent, the same was declared to be extended to all Assemblies either general or particular, authorized by his Highness' laws, and having warrant in the word of God. His Majesty did likewise express his meaning touching the provision of Burgs with Ministers in this sort, that when the Assembly should find it necessary to place a Minister in any Town, The rest of the questions determined. he should either yield his consent or give a sufficient reason of his refuse. With these declarations the whole number was so well pleased, as proceeding in the rest of the questions, they determined as followeth. First, Where his Majesty doth crave that before the conclusion of any weighty matter, his Highness' advice and approbation should be had thereto; The Assembly will be very glad to have his Majesty's authority interponed to all Acts of any importance made by the Church, so as matters formerly treated and concluded be not drawn in question. 2 That there should be an uniform order keeped in the ordination of Ministers, and none admitted but by imposition of hands, and to a certain flock on which they shall be astricted to attend. As also such as have not received Ordination, should not be permitted to teach in great rooms, except upon urgent necessity and in the defect of actual Ministers, and that good heed shall be taken that they did not pass their bounds, especially in application. 3 That no Minister should exercise any jurisdiction either by making of constitutions, or leading of processes, without advice and concurrence of his Session, Presbytery, Synod or general Assembly. 4 That all Sessions should be elected with consent of their own congregations. 5 That Sessions, Presbyteries and Synods should labour to be formal in their proceedings, and that the inferior judicatories should be tried in this point by their superiors. 6 That in the exercise of the Word whereunto Ministers convene, there should no application be used. 7 That in matters of importance, if the voices be different only by two or three, nothing should be concluded until a better resolution was taken, and he who holdeth the negative, give rationem negandi. 8 That Presbyteries should not meddle with any thing that is not known without all controversy to belong to the Ecclesiastical judicatory, and that therein uniformity should be observed throughout the Country. 9 That no Processes and Acts should be extracted at the desire of parties having interessed. 10 Summary excommunication should be suspended as before, and in great crimes after public intimation, the Committer debarred à sacris & à privato convictu. 11 That where any Presbytery should be desired by his Majesty's missive to stay their proceedings, as being prejudicial to the Civil jurisdiction or private men's rights, they should desist until his Majesty did receive satisfaction. The principal questions being thus decided, A general commission fo● Church affairs. it was thought meet to supersede the treating of the rest, and to give a general Commission to certain of the most wise and discreet brethren, for all affairs that might concern the good of the Church. For this effect choice was made of Mr. David Lindsay. Mr. Thomas Nicolson, Mr. Thomas Buchannan, Mr. Robert Pont, Mr. Robert Rollock, Mr. Alexander Dowglas, Mr. George Gladstaves, Mr. Patrick Galloway, john Duncanson, Mr. Patrick Sharpe, Mr. james Melvill, Mr. William Cowper, and john Clapperton, to whom, or to any seven of them, power was given to convene with his Majesty at such times as they should be required, for taking order touching the Provision of Ministers to the Towns of Edinburgh, Dundie, and St Andrew's, the houses of the King and Prince, and to any other Churches within the Realm, that should stand in need to be planted; as likewise to present the Petitions and grievances of the Church to his Majesty, either general or particular, and to give their advice to his Highness in all matters that might serve to the weal and peace of the Church. Howsoon the Assembly dissolved, Sir Patrick Murray directed to the North. Sir Patrick Murray was sent by the King unto the North to see the Conditions made by the three Earls to the Church performed, and to assist the Commissioners appointed for their absolution. He had further in charge to cause them to subscrive the general bonds for the peace and quietness of the Country, and to find caution each of them under the pain of Twenty thousand pounds, to traffic nor keep intelligence with any forainers without his Majesty's licence by word or writing; particularly for the Earl of Huntly it is enjoined, that he should follow the counsel of certain Barons, and Ministers that the King did nominate unto him, and proceed by their advice in all weighty affairs, especially in matters that concerned his Majesty's service. The Barons nominated to him were, the Laird of Finlatour, the Laird of Inns, the Laird of Phiborth, the Tutor of Cromartie, the Laird of Pitlarge and Laird of Clunie, or any three of them; the Ministers were, the Bishop of Aberdene; Mr. Peter Blackburne, Mr. john Forbes, Mr. Robert Howy the Parson of Turresso, and Mr. Alexander Dowglas, or any three of them. Whilst the King was thus busied to reconcile Huntly to the Church, A Proclamation against Mr. james Gourdon. Mr. james Gourdon Jesuit came into the Country of intention to divert him from giving obedience, against whom a strict Proclamation was made, inhibiting the subjects to resset, supply, or entertain any intelligence with him under pain of treason, and a Thousand Crowns promised to any that should apprehend and bring him to the King. And at the same time was discovered a practice of fortifying the Isle of Elsay in the West seas, for receiving certain forces that the Spanisih King had promised to send thither. The contriver of this plot, was one Hugh Barclay of Lady-land, who being committed the year before in the Castle of Glasgow, had made an escape and gone to Spain: this year returning to make good what he had undertaken, with some few assisters he entered into the Isle (a huge rock it is, four miles in compass, wherein an old ruinous Tower built on the ascent of the rock of difficult access) meaning to have victualled the same. Mr. john Knox (the same who took Mr. George Ker with the blanks some five years before) getting intelligence of the purpose, came upon him unlooked, and landing in the Isle did encounter him in the very shore: for the most of his company being gone to seek their sport, he had stayed to see who those were that he espied coming to the Isle, not thinking that his purpose was known, The Laird of Lady-land having surprised the rock Elsa. is drowned. or that any would pursue him; but when he perceived them to be unfriends, and to be set for his apprehension, he ran into the Sea, and drowned himself. The King did esteem this, as it was indeed, a piece of good service; and the news thereof going to the Popish Lords made them more willing to fulfil that which they had promised: So that on the 26. of june, the Earls of Huntly and Arroll upon their solemn repentance, oaths and subscriptions to the Articles of faith were absolved in the Church of Aberdene. The Earl of Angus in the same manner was received by the Ministers of Mernis and Angus. This business ended, the King for repressing the barbarous feuds which abounded at that time in the North parts, The King's care for removing of deadly feuds. sent a Commission to the Bishop of Aberdene, with concurrence of Sir Patrick Murray and some Ministers, for taking up their quarrels, and with charges to cause the parties give assurance one to another which should endure to the first of April, 1598. The feuds mentioned in the instructions sent to Sir Patrick Murray were the feuds betwixt the Earl of Huntley and Lord Forbes, the Earl of Arroll and the Laird of Ladwherne, the Laird of Drum and young Frendraucht. with a number more: but the most deadly and dangerous betwixt the families of Huntley and Murray, the King reserved to be his own work, and ceased not till the same was removed, and a friendship made up by marriage, which should in all reason be most lasting. Those others were by the diligence of the Bishop and Ministers settled, and so the North parts reduced unto quietness. In the end of june the King called the Commissioners of the Assembly to a meeting at Falkland; A meeting of the Commissioners of the Assembly at Falkland. where amongst other business a complaint was preferred by Mr. john Lindesay of Balcarres Secretary, against Mr. Robert Wallace Minister at S. Andrews, for certain injurious speeches uttered in his Sermons, having called him a briber, and said, That albeit he had made conquest of fifty Chalders victual in Fife, and built a house to the skies, yet his posterity should beg their bread, which some of his Auditors should see; and that it was doubtful if ever God should grant him repentance. The Secretary had complained of this to the Presbytery, The Secretary complaineth of Mr. Robert Wallace Minister at S. Andrews. but they refused to admit his accusation, unless the same was assisted by two witnesses, who could affirm that the accuser had just cause to pursue the complaint, which they alleged to be the Apostles Canon in the 1 of Timothy, ch. 5. v. 19 and showed themselves so partially affected, as he was forced to pursue the complaint before his Majesty and Commissioners. Mr. Wallace being summoned to that Diet, Mr. Wallace declineth the Commissioners. and desired to answer to the complaint, refused to acknowledge the judgement, alleging, That the general Assembly had given them no Commission in that particular, and that the accusation once before the Presbytery of S. Andrews ought to have been orderly taken out of their hands, Mr. nicol Dalgleish protesteth against the Commissioners proceedings. which was not done. This Declinatour being proponed, compeired Mr. nicol Dalgleish Moderator of the Presbytery, and in their name protested against the proceedings of the Commissioners in that cause as being once intended before them, seeing by that form of doing all the Presbyteries of Scotland should be prejudged, and that the General Assembly, of whom they had their Commission, would not take unto them the trial of any cause, with a neglect of the inferior judicatories. Then said the King, I will likewise protest, that seeing one of the principal motives which induced me to crave, and the General Assembly to yield unto this Commission, was to have the like of these offences, when they did arise, removed and justice done by the Ministers themselves, rather than to be brought before the Council, ye either proceed in examining the complaint and do that which is right, or hold me excused, if I take order with it by another form that will not please you so well. The Commissioners having advised the Reasons of the Declinatour, and Protestation, did find them all invalid and of no force, The declination and protestation declared invalid. and that they had warrant sufficient to proceed and minister justice in that action, as well in respect of the general power contained in their Commission, as of the particular commended to their care in the planting of the Church of S. Andrews. So the complaint was admitted, and the 5 of july appointed at S. Andrews for trying the same. At the day the Secretary compeiring accompanied with Master Robert Mauld Commissar of Saint Andrews and john Arnot Clerk to the Commissar (whom he produced as assisting Witnesses to take away the Presbyteries exception) did insist in his complaint. The Witnesses examined do verify the complaint. Mr. Wallace being asked, if he had any thing to oppose against the Witnesses, refused to answer in respect of his Declinatour; whereupon they were admitted, and upon oath declared that they knew the accusation to be just, and that the Secretary had not intended the same of any purpose to calumniate or slander the said Mr. Robert, but only to be repaired to his credit and honour, as one who had been greatly wronged by him. The Witnesses for probation being then called, and Mr. Wallace inquired if he had any exception against them, refused, Mr. Wallace his obstinacy. as before, to answer. So they likewise were received, and being sworn, deponed, that they heard the said Mr. Wallace utter the words complained of, in his Sermon. Notthelesse the Commissioners for their better information did think it meet to call to his Auditors of the University, who were of better judgement, and could truly relate what they heard. The Masters of the new College refusing to give any testimony in respect of the Presbyteries Protestation at Falkland, all the rest affirmed what the Witnesses had deponed. After which Mr. Wallace being again called, and desired to show what reason, or warrant he had for uttering such speeches, refused still to make answer; nor could any persuasion break his obstinacy, though he was earnestly laboured by Mr. Robert Rollock, and Mr. james Melvill apart; who did offer upon the confession of the fault, that the process should cease. The Commissioners seeing no way to eschew the pronouncing of sentence, A visitation of the Church of S. Andrews. in regard of his obstinacy, did yet take counsel to visit the Church; and inquire both of his, and Mr. Blakes behaviour in that Ministry, before they went further. A Visitation for this effect being appointed the 11 of july, and Mr. Blake summoned to the same day; the Elders and Deacons of the Church were inquired touching the behaviour of them both, and the verity of the accusations laid against them, who all upon oath deponed, that the accusations were true, and that Blake had spoken all that whereof he was convicted before the Council; as also that the Secretary's complaint of Mr. Wallace was most just. And being asked touching their behaviour otherwise, they declared that both the one and the other were given to factions, and that they did not carry themselves with that indifferency which became Preachers. This Declaration made clear way to the Commissioners for ending that business, Sentence given for removing Mr. Blake and Mr. Wallace from the Ministry of S. Andrews. and providing S. Andrews with a more peaceable Ministry; whereupon sentence was given that both the Ministers should be removed, and Mr. George Gladstaves (a man sufficiently qualified, serving then at Arbirlot in Angus) translated and placed in their room, till another helper might be found out to be joined with him. This done, Master George Gladstaves admitted Minister of S. Andrews. the Sunday following he was accepted of the people with a great applause, Mr. Thomas Buchannan, Mr. james Nicolson, and Mr. james Melvill entering him to the charge. And because it concerned the peace of the Church no less to have the abuses of the University reform, the calling the Governors thereof, and enquiring what order they kept; when he understood that against the accustomed form, Abuses in the University reform. Mr. Andrew Melvill had continued Rector in a number of years together, he commanded a new election to be made, and honouring the election with his own presence in the Schools of S. Salvator, Mr. Robert Wilkie Principal of S. leonard's was chosen Rector, and appointed to bear that charge, unto the ordinary time of election: as also for preventing the like disorders, a Statute was made, That none should be continued Rector above a year, nor admitted to the said office, but after the space of three years. It was likewise declared, That any Suppost having received the degree of a Master of Arts, might be chosen Rector, he residing in the University during his office, or at least the most part of his time. In the new College whereof the said M. Andrew had the charge, In the new College all things found out of order. all things were found out of order; the rents ill husbanded, the professions neglected, and in place of Divinity Lectures, Politic Questions of ten-times agitated: as, Whether the election, or succession of Kings were the better form of government? How far the Royal power extended? and if Kings might be censured for abusing the same, and deposed by the Estates of the Kingdom? The King to correct these abuses did prescrive to every Professor his subject of teaching, appointing the first Master to read the Common places to the Students, with the Law, and History of the Bible: the second to read the New Testament; the third, the Prophets, with the Books of Ecclesiastes and Canticles; and the fourth, the Hebrew Grammar, with the Psalms, the Proverbs, and the Book of job. For the better husbanding of the Rents, as well in that as in the other Colleges, it was ordained, That there should be a Council chosen to the University, which should have power to elect an Oeconomus in every College for uplifting the rents, A Council appointed for the University. and take care to see all things rightly administrated. Of this Council were named the Chancellar of the University, the Conservator of the privileges, the Laird of Colluthie, Mr. David Lindesay, Mr. Robert Rollock, and Mr. Thomas Buchannan, without whose consent, and subscriptions it should not be lawful to set any Lease, or make other disposition whatsoever, of any part of the rents. And lest they should be distracted by any other employment, The Doctors, Professors, and Regent's exempted for the Church-meetings. it was concluded, That all the Doctors, Professors, and Regent's, not being Pastors in the Church, should be exempted from the keeping of Sessions, Presbyteries, Synodical or General Assemblies; and from all teaching in Churches, and Congregations, exercises excepted; with a discharge to all, and every one of them, to accept any Commission prejudicial to the said exemption, under the pain of deprivation and rebellion, at the Conservators instance, the one execution not prejudging the other. Yet that they should not be thought excluded from the General Assembly, it was appointed, That the Masters and Regent's of the University should meet when any such occasion did offer, and condescend upon some three persons, of whom one should be elected by the foresaid Council to be present at the General Assembly for that year; which person so chosen, should not for the space of three years thereafter be employed in that Commission. These Articles being openly recited in presence of his Majesty, and of the whole members of the University, were accepted by the Masters, and Regent's, with solemn promise of obedience. This Summer there was a great business for the trial of Witches; A discovery of Witches. amongst others one Margaret Atkin being apprehended upon suspicion, and threatened with torture, did confess herself guilty. Being examined touching her associates in that trade, she named a few, and perceiving her delations find credit, made offer to detect all of that sort, and to purge the Country of them, so she might have her life granted: for the reason of her knowledge she said, That they had a secret mark, all of that sort, in their eyes, whereby she could surely tell, how soon she looked upon any whether they were Witches or not; and in this she was so readily believed, that for the space of 3 or 4 months she was carried from town to town to make discoveries in that kind. Many were brought in question by her delations▪ especially at Glasgow, where divers innocent women, through the credulity of the Minister M. john Cowper, were condemned and put to death. In end she was found to be a mere deceiver (for the same persons that the one day she had declared guilty, the next day being presented in another habit, she cleansed) and sent back to Fife, where first she was apprehended. At her trial she affirmed all to be false that she had confessed, either of herself or others, A discharge of proceedings against Witches, except in case of voluntary confession. and persisted in this to her death: which made many forthink their too great forwardness that way, and moved the King to recall the Commissions given out against such persons, discharging all proceedings against them, except in case of voluntary confession, till a solid order should be taken by the Estates, touching the form that should be kept in their trial. In the Borders at the same time great troubles were raised by the broken men of Tindale and Rheadsdale, Troubles in the Borders. who made incursions on the Scots side, and wasted all the Country of Liddisdale. The Laird of Baclugh that had the keeping of those parts, to be repaired of that wrong, made a road into England, and apprehending 36 of the doers, put them all to death, and brought away a great spoil. Sir William Bows being sent to complain of this, after much debating it was agreed, that for keeping peace in the Borders, Hostages should be delivered of either side, English men into Scotland, and as many Scots into England. But Baclugh failing to deliver his in due time was commanded for satisfying the Queen, to enter himself into England, as he did, remaining there from October to February next. In the month of December a Parliament was held at Edinburgh for restoring of the forfeited Lords to their lands and honours. A Parliament at Edinburgh. Amongst the Articles presented to this meeting by the Commissioners of the Church, one was, Articles presented in the name of the Church. That the Ministers, as representing the Church, and third Estate of the Kingdom, might be admitted to give voice in Parliament, according to the Acts made in favours of the Church, and the liberty and freedom thereof. The King was earnest to have the Article granted, and at last obtained an Act to be made, whereby it was declared, That such Pastors and Ministers as his Majesty should please to provide to the place, Voice in Parliament granted to such Ministers as should be provided to the places, as Bishops, Abbots, or other Prelates. title, and dignity of a Bishop, Abbot, or other Prelate, at any time should have voice in Parliament, as freely as any other Ecclesiastical Prelate had at any time bypast. And that all Bishoprics, then in his Majesty's hands, and undisponed to any person, or which should happen to fall void thereafter, should be only disponed to actual Preachers, and Ministers in the Church, or to such other persons as should be found apt and qualified to use and exerce the Office of a Preacher, or Minister, and who in their provisions to the said Bishoprics should accept in and upon them, to be actual Pastors and Ministers, and according thereto should practise and exerce the same. As concerning the office of the said persons in the spiritual policy and government of the Church, The office for the spiritual government remitted to the Assembly. the same was remitted to his Majesty to be advised, and agreed upon with the General Assembly, at such time as his Highness should think expedient to treat with them thereupon; without prejudice in the mean time of the jurisdiction and discipline of the Church, established by Acts of Parliament, and permitted to General and Provincial Assemblies, and other Presbyteries, and Sessions of the Church. This Act gave occasion to the indicting of a General Assembly, An. 1598. which convened at Dundie in March next; where the King being present did show, A General Assembly at Dundie. That he had anticipated the time of the Assembly (for the appointment was at Striveling this first Tuesday of May) that he might be resolved touching their acceptation of the place in Parliament, with the form, manner, and number of persons, that should be admitted to have voice; and thereupon desired them to enter into a particular consideration of the whole points of the Act; and first to reason whether it was lawful and expedient, that the Ministers as representing the whole Church within the Realm, should have voice in Parliament or not? This Question being long debated, first in private, by some Brethren selected to that purpose, Ministers might give voice in Parliament. then in the hearing of the whole Assembly, it was concluded, That Ministers might lawfully give voice in Parliament, and other public meetings of the Estate, and that it was expedient to have some always of that number present, to give voice in name of the Church. A second Question being moved, touching the number of those that should have voice, The number to be a●se many as of old in the Papistical Church. it was agreed, That so many should be appointed to give voice, as of old had place in the Papistical Church, to wit, 51 persons, or thereby. Thirdly, The election of those that should give voice, to be made by the King and Church. touching the election of those that should have voice, it was resolved, That the same did appertain partly to his Majesty, and partly to the Church. And because time could not permit the discussing of the rest of the points, as de modo eligendi, what rend those Ministers should have, whether they should continue in that office ad vitam, or not; what their title should be, and the cautions to preserve them from corruption, with other the like circumstances; the Presbyteries were desired to consider the same throughly, Commission for discussing the rest of the points. and thereafter to meet in their Synods all upon one day, to wit, the first Tuesday of june; and having reasoned upon these heads, to direct three of their number to convene with his Majesty, (the advertisement being upon a month at least) and with the Doctors of the Universties; namely Mr. Andrew Melvill, Mr. john johnston, Mr. Robert Wilkie, Mr. Robert Rollock, Mr. Robert Howy, Mr. Patrick Sharp, and Mr. james Martin, at such time and place as his Majesty should think most convenient; with power to them being so convened to treat, reason and confer upon the said heads, and others appertaining thereto; and in case of agreement, and uniformity of opinions to conclude the whole question touching voice in Parliament; otherwise in case of discrepance, to remit the conclusion to the next General Assembly. The Commissioners proceedings in planting the Church of S. Andrews were at the same time ratified; Ministers of Edinburgh permitted to preach, upon condition. but the provision of Edinburgh, which they had likewise concluded, made greater business. The King had been induced by the humble entreaty of Mr. David Lindesay, Mr. Robert Rollock, and Mr. Patrick Galloway, to suffer the old Ministers preach again in their places upon their faithful promises to observe the Conditions following: 1 That they should not in Pulpit make any apology for themselves further then to say, that they had satisfied his Majesty touching their intentions in the day of the tumult, and that they condemned the raisers thereof, and all that took Arms, or gave command, or allowance thereunto, praising the calm and clement course his Majesty hath taken in censuring the same. 2 That they should at no time thereafter, tax, quarrel, or reproach, directly or indirectly, privately or publicly, any inhabitant of Edinburgh, that did show themselves affectionate to his Majesty; and if any of them should happen to fall in any offence, meriting the censure of the Church discipline, they should in the trial, and censuring thereof use them indifferently, as if they had never kithed contrary to the said Ministers. 3 That they should not in Pulpit speak otherwise then reverently of his Majesty's Council, and their proceedings, and in their Sermons labour to imprint in the people's hearts a reverend conceit of his Majesty and his actions, so far as in them lies; and when as they should hear any slanderous or offensive reports of his Majesty, or of any of his Counsellors, his or their intentions, or proceedings, they should address them in all humility to his Majesty, and with due reverence make him acquainted with the reports, receiving his Majesties own declaration therein, whereunto they should give credit, and generally should conform themselves to the order set down in the late general Assembly thereanent. 4 That they should never hereafter refuse to give account of any of their speeches in Pulpit, or of their proceedings elsewhere, but when his Majesty should require the same, they should plainly declare the truth of that they should be asked, in all humbleness and simplicity, without claiming to the general warrant of conscience not founded upon reason. The Ministers upon these conditions being licenced to preach, Four others named to be joined with the Edinburgh Minister's. and the Town going on in dividing themselves in Parishes, as they had promised, a light was presented of twelve persons, out of which number the Commissioners of the Church were to elect four, besides the old Ministers, to bear charge in that Ministry, having his Majesty's approbation. The four on whom the choice fell, was Mr. Robert Rollock Principal of the College of Edinburgh, Mr. john Hall Minister at Leth, Mr. Peter Hewat, Exception taken at two of the number. and Mr. George Robertson. Against the two last exception was taken because of their youth, and that they were not men of that gravity which was required in Ministers of such a place. Yet the Commissioners, after trial taken of their qualification, proceeded, and discerned all the four to be admitted. Hereof the old Ministers complained, The providing of the Commissioners in the planting of Edinburgh allowed. with whom the Synod of Lothian joined, who repaired in great numbers to the Assembly, thinking to carry the matter by voices; but when after a long contestation it came to be judged, the decreet of the Commissioners was approved, and a new Commission given to Mr. David Lindesay, Mr. Robert Pont, Mr. Robert Rollock, Mr. George Gladstaves, Mr. Patrick Galloway, Mr. james Nicolson, Mr. Thomas Buchannan, and Mr. john Duncanson, to place the Ministers in their several parishes; or if any should refuse to accept, to depose them from the function of the Ministrey, and plant the Church with such others as they should think meet. Mean while, Anact desining the number of Commissioners from Presbyteries to Assemblies. because of the number that came from Lothian, an Act was made, That no Presbytery should thereafter send above two or three Ministers at most in Commission to the Assembly, with one Baron of the bounds and one Commissioner from every burgh, Edinburgh excepted, who in all public meetings were allowed to have two. About the end of the Assembly, His Majesty pleaseth to remit all offences passed of the Ministers. a motion was made for removing all offences conceived by his Majesty against any of the Ministers, and particularly against the Ministers of Edinburgh; whereupon the King was pleased to declare, That for any offences past he did freely remit them, and should never at any time call the same to mind, Mr. john Dividson protesteth against the conclusions of the Assembly. in hope they would so behave themselves in time coming, as they should still deserve his good opinion. And so did this meeting close with the great content of all; Mr. john Davidson only a man given to contention, finding that things went not to his mind, especially in the planting of Edinburgh, to the Ministry whereof he was always aspiring, did protest in his own name, and in the name of certain other brethren, That none of the conclusions taken in that Assembly should be of any force, in regard the same was not a free Assembly, but overawed by the King. The Moderator enquiring if any of the brethren would adhere to this Protestation, none was found all condemning it and the uncivil form he used in making the same; he himself, as his custom was when he made any such trouble, fled away, and lurked a while till his peace was again made. It was now thought that the planting of Edinburgh should receive no more delay, Question moved for Mr. Robert Bruce who refused the imposition of hands. yet a new impediment cast in, made no less ado than the former. Mr. Robert Bruce had preached ordinarily in the Town some ten years, but had not received Ordination to the Ministry, and being urged therewith, refused, pretending the approbation of the general Assembly to be equivalent to any ordination. It was replied, That the approbation he had of the Church, was a licence only to preach, but being now to receive an office, it concerned them to observe the form prescribed by divers Acts. But this not satisfying, he denied to yield a jot to that, which might question his former calling. And abeit it was offered to be declared at his entry. That the ordination they used was not to question his former calling, but rather to allow, and confirm the same; he would not be content, except the declaration was given him in writing. This also yielded unto, a new difference arose among them upon the form of the declaration, the Commissioners offering to declare the lawfulness of his calling, and that the imposition of hands they were to use, was not given him as a new entrance to the Ministry, but as one that was taken to be entered to the charge of a particular flock; he requiring to have it expressly said, That they did acknowledge him a lawful Pastor of Edinburgh, as being called by the general Assembly thereto. Ten days and more were spent in the setting down this form, A declaration made for his satisfaction. and after many alterations, at last they came to agree on this, That the Commissioners did acknowledge his calling to be a Pastor in Edinburgh lawful, and that the imposition of hands was not used as a ceremony of his ordination to the Ministry, but of his ordination to a particular flock. The Declaration thus form, a day was appointed for his admission, and Mr. Robert Pont, A tumult in the Church as his admission Mr. Thomas Buchannan, and Mr. james Nicolson, chosen to perform the same. Mr. Robert Pont having preached, and beginning to show what was the business they met for; Mr. Robert Bruce arose, and stepping into the Pulpit, fell a complaining of the strict forms wherewith the Commissioners had used him; which the people hearing, such a tumult was raised, as to all appearance the Ministry that was to use the imposition of hands had been in danger, if the Commissioner Mr. john Nicolson a man well respected (being there as one of the Elders, to testify the Church's consent to his admission) had not by his wise and grave speeches reduced them to quietness. Always the business was put off for that day. The King advertised of this, Mr. Robert Bruce cited before the Commissioners purgeth himself of the tumult. was greatly offended, and commanded the Commissioners to cite Mr. Robert Bruce, and censure him for the trouble he had made; he compeiring, excused himself, laying the blame on the people, and being charged under pain of deprivation to give obedience, and accept the charge after the form prescribed, was upon the 9 of May, the day assigned for his acceptation, admitted by Mr. David Lindesay, He is admitted and receives imposition of hands. and Mr. Alexander Douglas with imposition of hands. Thus ended that business which made more noise than was needful, and was judged to proceed rather of wilfulness on his part, then of any good zeal. The day appointed of the Synods drawing near the King sent William Melvill Commendator of Tungland, and Sr. Patrick Murray, Commissioners directed to Synod of Fife. to attend the Assembly of Fife, where it was supposed some new stirs should be made. The Commission given them was, not to suffer any of the Conclusions taken in the last general Assembly to be drawn in question, and to see that in the other heads left undecided, nothing should be concluded definitiuè. But they found the Synod more peaceable than was expected, and all things carried therein to the King's mind, Mr. Thomas Buchannan, Mr. George Gladstaves, and Mr. john Fairfoull being chosen Commissioners for meeting with these that should be sent from the other Synods. The report of this gave the King hopes of a good issue to the conference intended; A meeting at Falkland for determining the vote of Parliament. whereupon letters were sent desiring the Doctors of the Universities, and Commissioners of the Synod to be at Falkland the 29 of july. There after along deliberation, it was with an unanime consent agreed, 1 Touching the manner of his Election, who should have voice in Parliament, that the Church should name for each Prelacy that was void, six of their number, of whom the King should take one; or if his Majesty did not like any of those six, that as many others should be recommended by the Church, of which number he should accept one, without any more refusal. 2 That the nomination should be made by the general Assembly, with advice of the Synods, and Presbyteries, who should present the general Assembly in writing, the names of the persons as well without, as within the bounds of their Jurisdiction: providing if there was any person within the bounds meet and qualified, he should be preferred, caeteris paribus. 3 Concerning his rent, that the Churches being sufficiently planted, and no prejudice done to Schools, Colleges, and Universities already erected, he should be provided to all the rest of the Prelacy whereunto he is preferred. 4. The Cautions to preserve him should be these. 1. That he should not propone to Council, Caveats for eschewing of corruption. Convention, or Parliament, in name of the Church, any thing without express warrant, and direction from the Church, neither should he consent, nor keep silence in the said Conventions if any thing was moved prejudicial to the weal, and liberty thereof, under pain of deposition from his office. 2 Next he should be bound to give an account of his proceedings in the discharge of his Commission to every general Assembly, and obtain their ratification of the same; submitting himself to their judgement, without making any appeal, under the pain of infamy, and excommunication. 3 He should content himself with that part of his Benefice which should be given him for his living, and not hurt nor prejudice the rest of the Ministers within his Benefice, planted or to be planted, nor any other Minister in the Country whatsoever; and this clause to be inserted in his Provision. 4 He should not dilapidate his Benefice in any sort, nor make any set, or disposition thereof, without the special advice or consent of his Majesty, and the general Assembly. And for the greater warrant should interdict himself, and be content that inhibition be raised against him to that effect. 5 He should be bound to attend the congregation faithfully, at which he should be appointed Minister, in all the points of a Pastor, and be subject to the trial, and censure of his own Presbytery, or provincial Assembly, as any other of the Ministers that bear no Commission. 6 In the administration of discipline, collation of benefices, visitation, and other points of Ecclesiastical government, he should neither usurp, nor claim to himself any more power or jurisdiction, than any of his brethren, except he be employed, under pain of deprivation; and in case he do usurp any part of the Ecclesiastical government, the Presbytery, Synod, or general Assembly opposing and making impediment thereto, whatsoever he should do thereafter should be null ipso facto, without any declaratour. 7 In Presbyteries, Provincial, and general Assemblies he should behave himself in all things as one of the brethren, and be subject to their censure. 8 At his admission to the office of Commissionary he should swear and subscrive all these and other points necessary, otherwise he should not be admitted. 9 If it should happen him to be deposed from the Ministry by the Presbytery, Synod or general Assembly, he should lose his place in Parliament, and the Benefice be void ipso facto. 10 That he should be called Commissioner of such, or such a place, if so the Parliament be induced by his Majesty to accept that title; otherwise the general Assembly should consider and determine the same; as also how long he should continue in office, whether ad vitam, except some offence make him unworthy, or for a shorter space, at pleasure of the Church. It was neither the King's intention, His Majesty's purpose in giving way to these conclusions. nor the minds of the wiser sort, to have these Cautions stand in force, (for to subject the decrees of Parliament to the Assembly, as in the second caution; or to interdict Churchmen, as in the fourth, and serve Inhibitions upon them, were things absurd) but to have matters peaceably ended, and the reformation of the policy made without any noise, the King gave way to these conceits, knowing that with time the utility of the Government, which he purposed to have established, would appear, and trusting that they whom he should place in these rooms, would by their care for the Church, and their wise and good behaviour purchase to themselves the Authority which appertained. He had also matters of greater importance in hand, Ambassadors directed to the Princes of Germany. which made him desire to be settled in some sort, with the Church: from june preceding he had directed an Ambassage to the Princes of Germany, wherein David Bishop of Aberdene and Sr. Peter Young his Elemosynar, men of good abilities and learning, were employed. Their Commission was, to inform the Princes of his right and title to the Crown of England, after the death of the Queen Elizabeth, and to request their assistance, if he should stand in need thereof. The Queen was then stricken in years, and divers libels, and pamphlets divulged against his title to that Crown, which made him careful to have his friends rightly informed, and to understand what aid he might expect if opposition should be made; Not that he minded (this they were willed to declare) to wrong or offend the Queen in any sort, whom he loved, and honoured as his Mother; wishing her many and happy days, but only to strengthen himself against injust pretenders; and if in the mean time they should be pleased by a common Ambassage to entreat the Queen to declare in her own time the right successor, for preventing the plots and practices of enemies, he would take it for a singular friendship at their hands. It was a painful Ambassage, The success of that Ambassage. and by them faithfully discharged; for taking their journey by Denmark, as they were directed, and receiving letters commendatory from that King to the Princes, they traveled to Udalrick Duke of Megleburgh, Maurice Lantsgrave of Hesse, Frederick Duke of Saxony and administrator of the Electorate, Henry Duke of Brunswick, john Adolph Duke of Gleswick, and joachim marquis of Brandenburg, and having comunicated their message to them all severally returned not before the end of the year. Of all the Princes they obtained an answer in substance, which was, That albeit his Majesty's right was not unknown unto them, they did esteem it an act of great wisdom in him, to make his friends acquainted with the exceptions taken against his Title, that when occasion required, nothing might be wanting that lay in their power. But to move the Queen for declaring her successor, they held it dangerous, and feared it should not so much promove the business, as offend her. Always they should advise, and take counsel with their confederates and allies, and follow the course which was most likely for his benefit. This was the sum of the answer they returned. The 24 of December the Queen was brought to bed of another daughter, The Queen brought to bed of a daughter. who was christened in the Chapel of Halirudhouse the 15 of April, by Mr. David Lindesay Minister of Leth, and named Margaret. The Earl of Montross (created Chancellor in january preceding) with the Lord Hamilton and Earl of Huntley, Hamilton and Huntley created Marquesses. assisted as witnesses. These last two were at the same time preferred to the honour and dignity of Marquesses. There died within the compass of this year divers worthy men, Mr. john Lindesay Secretary dieth. amongst whom Mr. john Lindesay of Batharres Secretary to the King, shall first be named; a man honourably descended, of exquisite learning, and a sound judgement, held worthy by all men of the place he had in the Senate, both for his wisdom and integrity: he died of the Stone, wherewith he had been pained many years. Next to him Mr. David Carnegy of Colluthy, The Lord of Colluthy his death. a wise, peaceable, and sober man, in good credit and estimation with the King, and taken into his privy Council for his skill, and knowledge in civil affairs. And in the Church Mr. Thomas Buchannan Provost of Kirkhench and Minister of Sires, a man learned, wise, and a strong defender of the Church's rights, having attained to a good age, Mr. Thomas Buchannan his death. he died of a bruise which he received of a fall from his horse. David Ferguson Minister of Dunfermlin of the age of 65, David Ferguson his death. departed also this life the same year. A good preacher, wise, and of a jocund and pleasant disposition, which made him well regarded both in Court and Country. But the death of Mr. Robert Rollock, The death of Mr. Robert Rollock most lamented. taken away in the 43 year of his age, and in the time when the Church had greatest need of his service, was beyond all the rest lamented. This man was born not far from Striveling, and trained up in letters under Mr. Thomas Buchannan, who did then keep a famous School in that time. He passed his course in Philosophy at S. Andrews, and no sooner received the degree of a Master in Arts, than he was chosen Regent of the College of S. Salvator, where he had studied. In the year 1583 he was removed to Edinburgh, and made Principal of a College, which the Town had there erected; where by his Lectures of divinity in the Schools, and his Sermons to the people (in both which he was assiduous) he came to be greatly esteemed. But the 17 days tumult and troubles that followed thereupon, withdrawing him against his mind to the keeping of Assemblies, and other Commissions of the Church, he was thereby much weakened; for he was of an infirm body, and grievously pained with the Stone, whereof at last he died. His behaviour in the time of his sickness, and at his dying. In his sickness being visited by his brethren of the Ministry, amongst other pious exhortations, he did earnestly beseech them, to carry themselves more dutifully towards the King, lamenting he should be so ill used by some of their number: and gave them a most comfortable farewell. His torments were extreme, yet was he not heard to use an impatient word; but was still calling on God, with these and the like sayings, Hast Lord jesus, and tarry not, put in thy hand and take this soul away to thyself. At other times, Go out silly life, that the better life of God may enter in. Drawing near his end, he repeated a part of the 6 Psalm, and framing a most pithy prayer out of the same, as one exulting after victory, he cried aloud, Christ hath taken my yoke to bear, and now strengthened by his grace, I will follow: with which words he yielded up his spirit. A rare example of holiness he was both in his life and death; albeit now dead, still preacheth by his learned works, which it is pity should not be collected in one volume, and preserved to posterity. He deceased the last of February, and had his corpse honourably interred in the burial place, an innumerable multitude accompanying the same to the grave. To return to the Estate, An. 1599 the necessities of the King by foreign Ambassages, and other extraordinary employments daily increasing, Alteration of some officers of State. he was forced to look the more narrowly to the administration of his rents; for the ill managing whereof, the Laird of Wedderburne was put from his place, and the office of Controllerie given to Sir David Murray, who was afterwards preferred to the Lordship of Scone. The Prior of Blantire who was Treasurer, for that he had offended the King by his partial behaviour in an action betwixt Mr. Robert Bruce and the Ministers of Angus, was committed to the Castle, and forced to resign his office, which was conferred upon the Earl of Cassils' by his Lady's procurement. The Earl of Cassills' made Treasurer. She was the widow of the Lord Thirlstan, and said to be wealthy, which induced him to take her to wife, against the counsel of all his friends, who could not away with the imparity of their age, he being a young Nobleman never matched to any, and she a woman past childbirth. But the desire he had to keep his estate made him take that course, and she loving to stay at Court and have her husband a ruler of affairs, made offer to advance some moneys so as he might carry the place, which was readily accepted. Yet was it not long before they did both forthink the bargain, being pressed with a multitude of precepts for the laying forth of money, and so were glad to quit the office, Lord Elphingston succeeded Treasurer. with the loss, as was said, of Forty thousand marks, which he did advance at his entry. In his place was the Lord Elphingston chosen by the recommendation of his brother, than Secretary. Whilst these things were a doing in Court, Sir William Bowes came Ambassador from England, Sr. William Bowes Ambassador from England. upon some rumours that the King wes declining to Popery, and had offered his obedience to the Bishop of Rome by a letter, the copy whereof was brought by the Master of Grace from Rome, and showed the Queen, of purpose to divide the two Princes, and dissolve the amity which was amongst them. The Queen, though she did take the letter to be feigned, and that the same was devised to breed a jealousy between her and the King, thought meet to advertise what was rumoured, and to advise him not to build upon the friendship of Rome. The King did take the advertisement well, and made the Ambassador very welcome, assuring him that they were false and feigned calumnies: neither did the King think any other at that time. Such a letter indeed was sent to the Pope, and the King's hand surreptitiously gotten thereto, for which the Secretary Mr. Elphingston, was some years after upon his own confession convicted, as we shall hear. Whilst this Ambassador remained in the Country, One Ashfield conveyed privately to Berwick by two of the Ambassador's servants. there fell out an accident which had almost wrought great trouble: an English man called Ashfield, who had brought some hunting horses to the King, and cunningly abused the English Warden, did make his abode at Court, and was there well entertained. The Ambassador, whether desired by the Queen or the Warden, it is uncertain, caused some of his servants keep company with the man, and allure him one day to Leth, where having drunk liberally, he was by Coach, instead of returning to Court, carried to Berwick. This being told the King, he was greatly offended, and giving order to watch the Ambassador's lodging, 〈◊〉 to Berwick to bring back the man. The Governor prayed the King to have him excused, for that the man being come within his charge, he could not dimit him without the Queen's knowledge. The King receiving this answer, did challenge the Ambassador as not having carried himself dutifully, and wronged both him and the Country; but he denying the fact, affirmed the same to have been contrived by two of his servants without his knowledge and direction. This none did believe, neither did the King vouchsafe him any more countenance. Whereupon he parted in a great discontent. Soon after the King went to S. Andrew's for a new visit of the University, A visitation of the University of S. Andrew's. where it was ordained, That there should be yearly upon the 3 of March, a Dean of faculty of Theologie elected by the Doctors, the Ministers resident within the City; and the principal Masters of the Colleges: which Deane so chosen should have the like privilege and jurisdiction upon the students and professors of Theology, that the Deans of Philosophy had by the foundation over the professors thereof: with express provision, that that he who was elected Dean, should not till after three years' space be received again into the office. Other conclusions were taken for distributing the Students of Theology in Classes, Discourse of his Majesty's Title to the Crown of England. and their yearly examination; but were ill observed. At this time came forth sundry Discourses touching the succession of the Crown of England, some oppugning, some maintaining the King's title: amongst others Mr. john colvil taking upon him one of the opposite Treatises did publish a recantation, wherein having confuted all the contrary reasons he professed, that in malice in time of his exile he had penned the Treatise, which then out of conscience he refuted. This was believed of many, and helped greatly to discredit the adversary writings; yet was he not the Author of that which he oppugned; only to merit favour at the King's hands he did profess the work that came forth without a name to be his: and indeed a more pithy and persuasive Discourse was not penned all that time in that subject. The same year did the King publish his Doron Basilicon upon this occasion; The King publisheth his Basilicon Doron by occasion of a libel. Sir james Semple one of his Majesty's servants (whose hands was used in transcribing that Treatise) upon an old familiarity with Mr. Andrew Melvill, did give it him to read, who offending with some passages that touched the Ministry and present discipline, took copies thereof and dispersed the same amongst the Ministers; thereupon a Libel was form, and cast in before the Synod of St. Andrews, wherein the passages at which they excepted, being first set down; it was asked, What Censure should be inflict upon him, that had given such instructions to the Prince, (for that Treatise was directed to Prince Henry) and if he could be thought well affected to religion, that had delivered such precepts of Government? Sir Patrick Murray and Mr. james Nicolson being present in the Synod, as Commissioners for the King, and apprehending the libel to concern his Majesty, made diligent enquiry to find out the presenters. The whole number pretending ignorance, the Commissioners commanded the doors to be shut, and the Roll of the Ministers names to be called, who being put to their oath one by one did purge themselves, yet was it tried the very next day to be laid on the table by Mr. john Dikes Minister at Anstruther, who being therefore cited before the Council was fugitive and denounced Rebel. Mr. john Dikes fugitive for the libel. The rumour by this occasion dispersed, that the King had left certain directions to his son, prejudicial to the Church and Religion; he took purpose to publish the work, which being come abroad, and carried to England, it cannot be said how well the same was accepted, and what an admiration it raised in all men's hearts of him, The book well received in England. and of his piety and wisdom. Certain it is that all the Discourses that came forth at that time (and those were not a few) for maintaining his right to the Crown of England, prevailed nothing so much as did the Treatise, against which such exceptions had been taken. In the end of the year happened some new jars betwixt the King and the Ministers of Edinburgh, A trouble for receiving some English Comedians. because of a company of English Comedians whom the King had licenced to play within the Burgh: The Ministers offending with the liberty given them, did exclaim in their Sermons against Stageplayers, their unruliness and immodest behaviour; and in their Sessions made an Act prohibiting people to resort unto their plays under pain of the Church censures; The King taking this to be a discharge of his Licence called the Sessions before the Council, and ordained them to annul their Act, and not to restrain the people from going to these Comedies; which they promised, and accordingly performed; whereof publication was made the day after, and all that pleased, permitted to repair unto the same, to the great offence of the Ministers. The next year which by public Ordinance was appointed to have the beginning at the Calends of january, A general Assembly of the Church. and from thenceforth so to continue (for before that time, the year with us was reckoned from the 25 of March) there was an Assembly kept at Montrosse the 28 of March, where the King himself was present. Therein that great business of the Church's voice in Parliament was determined; and first the conclusions taken at Falkland in july 1598., were ratified. Then touching the continuance of those that should be chosen to give voice for the Church, The voice in Parliament determined. it was after much debating concluded; That be who was admitted should yearly render an account of his Commission to the general Assembly, and laying the same down at their foot should be therein continued, or if his Majesty and the Assembly did think fit to employ another, he should give place to him that was appointed. Two points more were adjoined to the former; one was, Two Cavears more added. That they who had voice in Parliament, should not have place in the general Assembly, unless they were authorised by a Commission from the Presbyters, whereof they were members. The other caveat was, That crimen ambitus should be a sufficient reason to deprive him both of his place and office. And now there rested no more but to nominate persons to the Bishoprics that were void; Aberdene and Argile had their own incumbents at the time, both actual preachers; The state of Bishoprics at that time. S. Andrew's and Glasgow were in the hands of the Duke of Lennox; Murray possessed by the Lord Spiny; Orkney, by the Earl of Orkney; Dunkeld, Birchen, and Dumblane, had their own titulars, but these were not ordinary preachers; Galloway and Isles were so dilapidated, as scarce they were remembered to have been. Only in Rosse and Cathnes some provision was left, whereunto by consent of the Church, Bishops appointed for Rosse and Cathnes. Mr. David Lindesay and Mr. George Gladstaves were presented; the first to the Bishopric of Rosse, the other to Cathnes, who nottheless continued still serving in their Churches at Leth, and S. Andrew's, for as yet they could not find any settling in their Dioceses. Besides the conclusion taken in this business, divers other good Acts were concluded at that time, as may be seen in the book of Records. Some three weeks before this convention john Dury Minister at Montrosse departed this life; An. 1600. he was born at Machline a little village in the Country of Kill, and trained up a while in letters in the Town of Air; john Dury Minister at Montrosse his death, with a short description of his life. after which he was sent to George Dury his Cousin, Abbot of Dunfermlin, and placed by him among the Monks of that Abbey, where he lived three years, then falling in some suspicion of that which they called Heresy, and delated thereof to the Abbot, after trial taken he was condemned to be immured, that is, to be shut up between two walls, till he died. Yet by the means his friends made with the worthy Nobleman the Earl of Arran, he was delivered, and shortly after the reformation admitted to the Ministry, in which he served first at Hales near to Edinburgh, then at Leth and when the civil troubles ceased, translated to Edinburgh, where he continued Minister the space of 10 years. A man earnest and zealous in every thing he gave himself unto, but too credulous (a fault incident to the best natures) and easily abused by those he trusted; which bred him great trouble whilst he remained at Edinburgh. In Montrosse where he was first confined, and whereof soon after he became Minister, he lived well respected, and in great quietness: making it appear, that the many contests and strifes he had in former times, proceeded not from his own disposition, so much as from the suggestion of others. For all the sixteen years he lived there, no man did carry himself with greater modesty, nor in a more dutitifull obedience, and was therefore well beloved and esteemed by the King. He wished earnestly to have lived unto the meeting of the Assembly, that he might have declared his mind touching the matters then in hand; but when he perceived his sickness increasing, and that he should not continue so long, he entreated some brethren to visit him, to show the Assembly as from him, that there was a necessity of restoring the ancient government of the Church, because of the unruliness of young Ministers, that could not be advised by the elder sort nor kept in order; and since both the estate of the Church did require it, and that the King did labour to have the same received, he wished them to make no trouble therefore, and to insist only with the King, that the best Ministers and of greatest experience might be preferred to places. This as he directed was reported to the Assembly, and of the greatest part well received: for he was certainly a sound hearted man, and far from all dissimulation, ever professing what he thought, and following the course he thought most expedient for the Church. To the poor he was exceeding helpful, compassionate of those that were in any distress, and merciful even when he seemed most severe. He died the last of February in the 63 year of his age. It was in August this year, The conspiracy of the Earl of Gowry. that the conspiracy of Gowry fell forth; a conspiracy plotted by him alone, and only communicated to M. Alexander his brother; two youths of great hope, at whose hands no man could have expected such an attempt. Their father had been taken away by form of justice in the 1584., whilst the King was yet Minor, and forced he was unto it as unto many other things that agreed not with his mind. The King's kindness to his brethren and sister. But the care he took of the Nobleman's children and kindness wherewith he used them, did show how much he disliked that proceeding; for he restored the eldest to his father's honour and living, his brother Alexander he made one of his bedchamber; a sister of theirs he preferred to be chief maid about his Queen, and had a purpose to advance the Earl himself to a principal office of the Kingdom. Such and so great benefits might have endeared the most barbarous and heard hearted. But benefits are no benefits to the malicious, and those that are set for revenge. The plot contrived for entrapping the King. The device was, to allure the King to the Earls house in Perth, and there to kill him. The King was then remaining in Falkland, and one day early in the morning (it was the fifth of August) as he was going to take his sport in the Park, Alexander meets him, and telleth that his brother had intercepted a man, a Jesuit as he supposed, with a great quantity of gold, and that he kept the man fast in his house at Perth, and sent him with the news, praying the King to make haste, for that he doubted not he should learn things worthy of his travel. The King moving some questions touching the man's stature and habit, and the place where he was taken, received no other answer, but that his brother would satisfy all those things at his coming; which put him in a suspicion that the Gentleman was distracted, for he observed in him some perturbation; yet because of the instance he made he yielded to go, willing him to ride back, and show that he would be with his brother before dinner. After a short chase and a Buck killed the King made towards Perth, The King goeth to Perth. accompanied with the Duke of Lennox, the Earl of Marre and a few Gentlemen more, all in their hunting coats. By the way, the King did ask the Duke of Lennox, if he had known Mr. Alexander (for the Duke had married his sister) at any time troubled or distempered in his wits. The Duke answering that he had never known any such thing in him; the King insisted no further. Being come to the Town the Earl did meet him, Gowry meeting the King was much troubled. and was noted by all the company to be in some trouble of mind, the very imagination of the fact he went about, perplexing his thoughts. But he coloured all with the want of entertainment, saying, that he did not expect the King, and that his dinner was not prepared. The King wishing him not to trouble himself with those thoughts, because a little thing would content him; and for the Noblemen a part of his dinner would suffice them, they discoursed of hunting and other common matters till meat was dressed. Howsoon the King had taken a little refreshment, Mr. Alexander did move the King to go with him. and the Lords were placed at a table in another room, Mr. Alexander did round in the King's ear, that the time was fit whilst the Lords were at dinner, to go and examine the stranger: at which word the King arose, and went up stairs, Mr. Alexander going before him. The King did call Sir Thomas Areskin (afterwards Earl of Kelly) to follow him, but Mr. Alexander turning at the door, after the King was entered, said that the King willed him to stay below, whereupon Sir Thomas went back. Thus the door was shut, and Mr. Alexander guiding him to an inner room, the King did perceive a man standing alone, whereupon he asked if that was the man? nay said Mr. Alexander there is another business in hand, Mr. Alexander professeth what he was about. and with that word covering his head, You remember, said he, how you used my father, and now must you answer for it. Your father! answered the King; I was not the cause of his death; it was done in my minority by form of justice.. But is this your purpose, and have you trained me hither to murder me? Did you learn this lesson of Mr. Robert Rollock your Master? or think you when you have done your will to go unpunished? Mr. Alexander stricken with the speeches, and the man who was placed there to assist him, trembled for fear, desired the King to be quiet, and make no noise, for that he would go speak with his brother, and pacify him; this said he went down a back way, as it seemed, to the Court below. Whether he did meet with his brother at that time or not, is unknown, but his stay was short, and when he returned, he said to the King, There is no remedy, you must die. Then making as though he would tie the King's hands, they fell a wrestling, and the King drawing him by force to a window in the corner that looked toward the street, as he espied the Earl of Marre, cried, Help Earl of Marre, help. The King's voice heard, and is discerned. The voice and words were discerned by all the Lords, and Gentlemen, who thereupon ran to seek the King, by the way that went up; but the doors being shut, there was no entry that way till the same was broke by force, which took up a large time. Upon the first cry Sir Thomas Areskin suspecting treason did flee upon Gowrie, and taking him by the gorge said, Sir Thomas Areskin challengeth Gowrie. Thou art the traitor; but they were quickly sundered by his servants that stood by. The first that came to the King was a Page called john Ramsey, who falling upon a back passage by which the Traitors after the deed committed had purposed to escape, found the King and Mr. Alexander struggling, the King calling to him and bidding him strike the Traitor, john Ramsey doth first relieve the King. he gave Mr. Alexander two or three wounds with his Dagger, and so parted him from the King. The man who was placed there to assist Mr. Alexander, did steal away secretly; and he himself perceiving that the treason was discovered made down the stairs, where being encountered by Sir Thomas Areskin, and asked how the King was, because he gave no direct answer, and only said, that he took God to witness, that he was not in the fault, he thrust him through the body, and killed him outright. Sir Thomas was followed by Hugh Hereife Doctor of Medicine, and a Footboy named Wilson, who seeing the King safe, were not a little joyed, and placing him in a little room, The King's servants prepare to defend. and shutting the door, they prepared to defend the entry. Gowry accompanied with three or four servants breaketh presently into the chamber, and with his two swords one in each hand, puts them all to their shift, and had undoubtedly overthrown them, but that one of the company crying, You have killed the King our Master, and will you also take our lives? Gowrie entereth, and after a little space is killed. He became astonished and setting the points of his two swords to the earth, as if he minded to cease from any more fight, he was instantly stricken by the Page with a rapier which pierced the heart, so as he fell down dead. The servants seeing him fall made away; only Master Thomas Cranston being sore wounded, and not able to shift for himself was apprehended. In this fight Sir Thomas Areskin and Doctor Hereife were both hurt, but nothing dangerously. By this time the doors of the other passage being made open, The Lords come to the King. the Lords and a number with them entered into the room, who hearing what happened went all to their knees, and the King himself conceiving a prayer, gave thanks to God for his deliverance, and that the device of those wicked brothers was turned upon their own heads. The danger that ensued was not much less, for the people of the Town taking up arms did environ the house, crying to give them out their Provost, The danger by the people of the Town. otherwise they should blow them all up with powder. The rage of the multitude was great, (for they loved the Earl, as being their Provost, beyond all measure) and with great difficulty were they kept back from using violence: at last the Bailiffs and certain of the Citizens being admitted to enter, and brought to the King, when they were informed of the truth of things, returned and pacified the people. After which, the King took horse and returned to Falkland, where he was welcomed (the rumour of the danger having prevented his coming) with great acclamations of joy. It was observed not without some wondering, that after Gowrie was killed there issued no blood for a good space from his body, The Characters found at the Earls girdle. till his girdle being loosed and taken from him, the same gushed from him in abundance: this was supposed to be the effect of some Characters that he did always carry in a little bag at his girdle, which being viewed, were found to be certain spells of Necromancers, and added much to the infamy of his death. A diligent search was made the days following for the man the King saw standing in the room, and large rewards promised to those that should find him out. Some servants of Gowrie executed. In this search one of the Earls servants called Henry Younger, hiding himself out of an idle fear among some growing corns, was killed, and for some days was supposed to have been the man, till Andrew Henderson Chamberlain to Gowrie, discovering himself to the Controller, did offer upon promise of his life, to enter and show all that he knew in that business. An other of Gowries servants surnamed Craigengelt was some 2 days after apprehended, and both he & M. Tho: Cranston executed at Perth, though at their dying they declared that they knew nothing of the Earls purpose, and had only followed him as being their Master unto that room, where, if they had known the King to have been, they would have stood for him against their Master and all others. Henderson at his examination declared, Andrew Henderson his confession. That the night preceding the attempt, the Earl had directed him to attend his brother Mr. Alexander, and do what he commanded. That accordingly he accompanied him the next morning to Falkland, and when they were returned being commanded by Mr. Alexander to dress himself in armour, and go wait till he came unto him in an upper room, he obeyed. But that he could not imagine any purpose against the King, either in him or in the Earl, nor would have believed it unless he had seen the same with his eyes. Being demanded, why he did not take the King's part when he did see them fall a wrestling, he excused himself by a sudden fear that overtook him in the time; and indeed he looked ever after that time as one half distracted. It was much marvelled that in so high an attempt the Earl should have made choice of such a one: but the man was of a servile spirit, and apt enough to do mischief; and many have conjectured that if the treason had taken effect, it was in the Earls purpose to have made away both his brother and him, that he might not be supposed to have had any knowledge thereof. I remember myself that meeting with Mr. William Cowper then Minister at Perth the third day after in Falkland, he showed me that not many days before that accident visiting by occasion the Earl at his own house, he found him reading a book entitled, De conjurationibus adversus Principes: and having asked him what a book it was, he answered, That it was a Collection of the Conspiracies made against Princes, which he said was foolishly contrived all of them, and faulty either in one point or other; for he that goeth about such a business should not, said he, put any man on his counsel. And he not liking such discourses, desired him to lay away such books, and read others of a better subject. I verily think he was then studying how to go beyond all Conspirators recorded in any History: but it pleased God, who giveth salvation to Kings, as the Psalm speaketh, to infatuate his counsels, and by his ensample to admonish all disloyal and traitorous subjects to beware of attempting against their Sovereigns. Advertisement sent the next day to the Council, The Ministers of Edinburgh required by the Council to give thanks for his Majesty's deliverance. which then remained at Edinburgh, the Ministers of the Town were called and desired to convene their people, and give thanks unto God for his Majesty's deliverance. They excusing themselves, as not being acquainted with the particulars, nor how those things had fallen out; it was answered, that they were only to signify, how the King had escaped a great danger, and to stir up the people to thanksgiving. They replied, That nothing aught to be delivered in pulpit but that whereof the truth was known, Their excuse, and refusing to obey. and that all which is uttered in that place should be spoken in faith. When by no persuasion they could be moved to perform that duty, it was resolved that the Council should go together to the Market-crosse, The Bishop of Rosse giveth thanks at the Market-cross. and that the Bishop of Rosse should after a narration of the King's danger, and deliverance, conceive a public Thanksgiving: which was done, the multitude applauding and expressing a great joy. The Monday following, The King cometh to Edinburgh. the King came to Edinburgh, accompanied with divers Noblemen and Barons, and heard a Sermon preached at the Cross by Mr. Patrick Galloway, who choosed the 124 Psalm for his Theme, did take occasion to discourse of all the particulars of that Conspiracy, and gave the people great satisfaction: for many doubted that there had been any such Conspiracy, Master Patrick Galloway his preaching at the Crosse. the condition of Princes being, as the Emperor Domitian said, herein miserable, that even when Conspiracies made against their persons are discovered, yet they are not credited, unless they be slain, The next day the King in a solemn Council kept at Halirudhouse, to testify his thankfulness for his deliverance, 1000 l, mortified to the poor at Scone. and to perpetuate the memory thereof, did mortify for the entertainment of some poor men the rent of 1000 pounds yearly to be taken of the readiest fruits of the Abbacy of Scone, and ordained an honourable reward to be given to the three Gentlemen that had been the instruments of his preservation and the cause of the reward to be specified in their Patents. After this, A solemn thanksgiving appointed for the King's deliverance. order was taken for a public and solemn Thanksgiving to be made in all the Churches of the Kingdom, and the last Tuesday of September with the Sunday following appointed for that exercise. The Ministers of Edinburgh, who gave the refuse, were commanded to remove themselves out of the Town within 48 hours, The Ministers of Edinburgh removed from their places. and inhibited to preach within his Majesty's Dominions under pain of death. Mr. Walter Balcanquell, Mr. William Watson, and Mr. john Hall, three of that number, compeiring at Striveling the 10 of September, Three of the number acknowledging their fault, are pardoned. and declaring, That they were throughly resolved of the truth of Gowries Conspiracy, and willing to amend their former fault, were pardoned upon condition, that before their return to Edinburgh they should in the Churches appointed to them, publicly preach, and declare their persuasion of the truth of that treason, craving God and his Majesty forgiveness for the question they made thereof; and rebuking all such as continued in that doubtfulness. The Churches designed to them were Tranent, Mussilburgh, and Dalkeith for Mr. Walter Balcanquell, Dunbar and Dunf for Mr. William Watson, and for Mr. john Hall, Dunfermlin, S. Andrews, and Perth. Mr. james Balfour, Mr. james Balfoure remitted. the day following, upon the like confession was remitted, and ordained to publish his resolution in the Churches of Dundie, Montrosse, Aberbrothock, and Brichen. But Mr. Robert Bruce, taking a course by himself, and saying, He would reverence his Majesty's reports of that accident, but could not say he was persuaded of the truth of it, was banished the King's Dominions, Master Robert Bruce banished. and went unto France. The 15 of November a Parliament was held at Edinburgh, wherein sentence of forfeiture was pronounced against Gowrie and Mr. Alexander his Brother, A Parliament wherein Gowrie and his brother are forfeited. their posterity disinherited, and in detestation of the parricide attempted, the whole surname of Ruthven abolished. But this last was afterwards dispensed with, and such of that name as were known to be innocent, tolerated by the King's clemency to enjoy their surnames and titles as in former times. The bodies of the two brothers being brought to the Parliament house were after sentence given hanged upon a gibbet in the public street, and then dismembered, their heads cut off, and affixed upon the top of the prison house. This done, the Estates in acknowledgement of the favours and grace they all had received of God, by the miraculous and extraordinary preservation of his Majesty from that treasonable attempt, did ordain, The fifth of August to be kept yearly in remembrance of his Majesty's delivery. That in all times and ages to come the fifth of August should be solemnly kept with prayers, preachings, and thanksgiving for that benefit, discharging all work, labour, and other occupations upon the said day, which might distract the people in any sort from those pious exercises. Divers other good and profitable Acts as well for the Church as Kingdom were concluded in this Parliament, Acts concluded in this Parliament as the Act decerning all Marriages contracted betwixt persons divorced for adultery to be null, and the children begotten by such unlawful conjunction incapable of succession to their parent's inheritance. As also the Act made for removing and extinguishing of deadly feuds, which the King had ever striven to abolish, was in that time confirmed by the whole Estates. Upon the close of the Parliament the King went to Dunfermlin to visit the Queen, The King goeth to Dunfermlin to visit the Queen. who was brought to bed of a Son. The Christening was hastened because of the weakness of the Child, and that his death was much feared. He was named Charles, Prince Charles born at Dunfermlin. and contrary to the expectation of most men grew unto years and strength, and survived Prince Henry his elder brother, reigns happily this day over these Kingdoms; which that he may long do, is the desire and wish of all good subjects. In the end of the year Mr. john Craig that had been Minister to the King, The death of M. john Craig, with a description of his life. but through age was compelled to quit the Charge, departed this life. This man whilst he lived was held in great esteem, a great Divine and excellent Preacher, of a grave behaviour, sincere, inclining to no faction, and which increased his reputation, living honestly, without ostentation or desire of outward glory; many toss and troubles he endured in his time, for being left young and his Father killed at Flowdon, after that he had got an entrance in Letters, and passed his course in Philosophy in S. Andrews, he went to England and waited as Pedagogue on the Lord Dacres his children the space of two years. War's then arising betwixt the two Kingdoms, he returned home, and became one of the Dominican Order; but had not lived long among them when upon suspicion of heresy, he was put in prison. Being cleared of that imputation, he went back again into England, and thinking by the Lord Dacres means to have got a place in Cambridge; because that failed, he went to France, and from thence to Rome. There he won such favour with Cardinal Pole, as by his recommendation he was received among the Dominicans of Bononia, and by them first appointed to instruct the Novices of the Cloister: afterwards when they perceived his diligence and dexterity in businesses, he was employed in all their affairs throughout Italy, and sent in Commission to Chios, an Isle situated in the jonick sea, to redress things that were amiss amongst those of their Order. Therein he discharged himself so well, that at his return he was made Rector of the School, and thereby had access to the Libraries, especially to that of the Inquisition, where falling on the Institutions of john Calvin, he was taken with a great liking thereof; and one day conferring with a reverend old man of the Monastery, was by him confirmed in the opinion he had taken, but withal warned in any case not to utter himself, or make his mind known, because the times were perilous: yet he neglecting the counsel of the aged man, and venting his opinions too freely, was delated of heresy, and being sent to Rome, after examination imprisoned nine months, he lay there in great misery; at the end whereof, being brought before the Judge of the Inquisition, and giving a clear Confession of his Faith, he was condemned to be burnt the next day, which was the 19 of August. It happened the same night Pope Paul the fourth to depart this life, upon the noise of whose death, the people came in a tumult to the place where his statue in marble had been erected, and pulling it down, did for the space of three days drag the same through the streets, and in the end threw it in the River of Tiber. During the tumult all the prisons were broke open, the Prisoners set free, and among those Mr. Craig had his liberty; as he sought to escape, for he held it not safe to stay in the City, two things happened unto him, not unworthy of relation; first, in the Suburbs, Accidents that befell M. Craig in his flight. as he was passing, he did meet a sort of loose men, whom they called Banditi; one of the company taking him aside, demanded if he had been at any time in Bononia? He answered, that he had been some time there. Do ye not then remember, said he, that walking on a time in the fields with some young Noblemen, there came unto you a poor maimed Soldier, entreating some relief? Mr. Craig replying, that he did not well remember. But I do, said he, and I am the man to whom ye showed kindness at that time; be not afraid of us, ye shall incur no danger; and so conveying him through the Suburbs; and showing what was his safest course, he gave him so much money as might make his charge to Bononia; for he intended to go thither, trusting to find some kindness with those of his acquaintance; yet at his coming he found them look strange, and fearing to be of new trapped, he slipped away secretly, taking his course to Milan. By the way another accident befell him, A strange accident and singular testimony of God's care over him. which I should scarce relate, so incredible it seemeth, if to many of good place he himself had not often repeated it as a singular testimony of God's care of him. And this it was, when he had traveled some days declining the highways out of fear, he came into a forest, a wild and desert place, and being sore wearied lay down among some bushes on the side of a little brook to refresh himself; lying there pensive and full of thoughts (for neither knew he in what part he was, nor had he any means to bear him out the way, a dog cometh fawning with a purse in his teeth, and lays it down before him; he stricken with a fear, riseth up, and construing the same to proceed from God's favourable providence towards him, followed his way till he came to a little village, where he met with some that were travelling to Vienne in Austria, and changing his intended course went in their company thither. Being there, He preacheth to Maximilian the Emperor, but is forced to leave those parts. and professing himself to be one of the Dominican order, he was brought to preach before Maximilian the second, who liking the man, and his manner of teaching, would have retained him, if by letters from Pope Pius the third, he had not been required to send him back to Rome, as one that was condemned for heresy. The Emperor not liking to deliver him, and on the other part not willing to fall out with the Pope, did quietly dimit him with letters of safe conduct. So travelling through Germany he came to England, and being there informed of the reformation begun at home, he returned into Scotland, and made offer of his service to the Church, but his long dissuetude of the Country language (which was not to be mervailed, considering that he had lived abroad the space of 24 years) made him unuseful at first; now and then to the learned sort he preached in Latin in the magdalen's Chapel at Edinburgh, and in the year 1561 after he had recovered the language, He cometh to Scotland and is appointed Minister at Halirudhouse. was appointed Minister at Halirudhouse. The next year he was taken to Edinburgh, and served as Colleague with Mr. Knox the space of nine years; then by the ordinance of the assembly he was translated to Montross, where he continued two years, and upon the death of Adam Heriot was removed to Aberdene, having the inspection of the Churches of Marre and Buchan committed to his care; in the year 1579 he was called to be the King's Minister, and served in that charge till born down with the weight of years, he was forced to retire himself; after which time, forbearing all public exercises he lived private at home, comforting himself with the remembrance of the mercies of God, that he had tasted in his life past, An. 1601. and this year on the 12 of December without all pain died peaceably at Edinburgh in the 88 year of his age. In the beginning of the next year there happened a great stir in the Court of England, A trouble in the Court of England. which concerning the King in some sort I must needs touch: the Earl of Essex who had been a long time in special favour with the Queen, and was then upon some displeasure kept from the Court, not enduring to be thrust down (as he complained) by his adversaries into a private life, did resolve to make his way unto the Queen by force, to seize upon her person, and remove from her company those he judged to be his adversaries. But the purpose failing, he was taken himself and committed to the Tower. A little before he had written letters to the King full of respect, informing that they who had the managing of all affairs under the Queen, were inclining to the Infanta of Spain, and advising him to send Ambassadors into England. and urge the declaration of his title of succession. The King, though he could have wished his title to be declared, did not think that time fitting for such propositions, yet upon the report of his apprehension he resolved to employ some in Commission to the Queen. The Earl of Marre sent Ambassador to England And to this effect made choice of the Earl of Marre, joining with him the Abbot of Kinlosse, who coming to the Court some days after the execution of Essex, and having access to the Queen did congratulate her good success in repressing that audacious attempt. This she took well, and was glad to hear so much from them, because of the rumours which were then dispersed, That Essex was made away for favouring the King of Scots title, and that if the Ambassadors had come in time, they would have dealt for him. A good answer was hereupon given to all their instructions, and whereas among other points of their Commission, they were willed to seek an assignment of some portion of land in recompense of the lands belonging to the Lady Lennox, the King being her lawful heir; the Queen excusing herself touching the lands, was content to add to the annuity formerly paid, the sum of 2000 pounds yearly, as long as he kept fast, and held one course with her. Besides this satisfaction obtained of the Queen, they did so work with the principal Noblemen and Counsellors, as they won them to be the King's friends, and at their return gave his Majesty assurance of a peaceable reception of that Crown after the decease of the Queen, which was some two years after really performed. Much about this time, Pope Clement sends his Breves to England for excluding the King. had Pope Clement the eight sent his Breves (as they call them) into England, warning all the Clergy and laity that professed the Roman faith, not to admit after the Queen's death any man, how near soever in blood, to be king, unless he should bind himself by oath, to promove the Catholic Roman Religion at his power. And at the same time came Mr. john Hamilton and Mr. Edmond Hay Jesuits into Scotland, two factious and working spirits, and therefore much suspected by the King, the first especially, for that he was known to have been a chief instrument of the seditions raised in the City of Paris in the time of the league. A Proclamation against some Jesuits. How soon the King understood of their repairing into the Country, a Proclamation was given out inhibiting their resort under the pain of treason. In this Proclamation to make them the more odious, they were compared to Bothwell and Gowry, the King declaring that he would judge no otherwise of their receptors, then of those that did treasonably pursue his own life. This notwithstanding, they found lurking holes amongst the Papists in the North, and kept the Country till after some years that Mr. john Hamilton was apprehended, and carried to the Tower of London, where he died. The Church of Edinburgh remained all this while destitute of a number of their Ministers, An Assembly at Brunt-island. the conditions prescribed unto them, when they were pardoned, not being performed: of the four only Mr. john Hall having given obedience was licenced to return to his charge; the other three, upon I know not what pretext, deferred to make their declaration, as was appointed, and were thereupon in the Assembly convened at Brunt-island the 12 of May, ordained to be transported from the Ministry of Edinburgh, and placed in such parts of the Country, as the Commissioners of the Country should think meet. This Assembly was called by his Majesty's Proclamation, partly for taking order with the Church of Edinburgh, partly for repressing the growth of Popery, which was then increasing, and where it should have held at S. Andrews, was in regard of the King's indisposition brought to Brunt-Island. Mr. john Hall being elected to moderate the meeting, Mr. john Hall elected Modederator. did begin with a regrate of the general defection from the purity and practice of true Religion, which he said, was so great, that it must of necessity at last conclude either in Popery or Atheism, except a substantious remedy were in time provided. And because the ill could not be well cured unless the causes, and occasions thereof should be ripped up, he exhorteth those that were assembled, to consider seriously both of the cause of the defection, and the remedies that were fittest to be applied. After long conference, The defection in Religion complained of, and the causes searched. the causes were condescended to be, the wrath of God kindled against the land for the unreverend estimation of the Gospel, and the sins in all estates, to the dishonour of their profession; lack of care in the Ministry to discover Apostates; too hasty admission of men unto the Ministry, Ministers framing themselves to the humours of people; the desolation of the Churches of Edinburgh; the advancing of men to places of credit, that were ill affected to Religion; the education of his Majesty's children in the company of Papists; the training up of Nobleman's children under suspect Pedagogues; the decay of Schools; and the not urging of the reconciled Lords to perform their conditions. For remedy of the foresaid evils it was ordained, The remedy of the evils. That a public humiliation should be kept throughout the realm, the last two Sundays of June, with fasting and prayer, for appeasing the wrath of God kindled against the land; that the Ministers of every Presbytery should after the dissolving of the Assembly, take up the names of the Recusants within their bounds, and send them to the King's Ministers; that places of greatest need should be furnished with learned and wise preachers, and in the mean time, till that might take effect by a constant provision of Ministers to those places, that the meetest for that purpose should be appointed to attend for a certain time in the families of the reconciled Lords, for their better confirmation in the truth. The rest of the remedies resolved all in Petitions to his Majesty, for the planting of Churches, the not permitting of those who were under process for Popery, to have access to Court, and a care to be taken of the good education of the children of Noblemen. To all which the King gave favourable answers, and for the removing of the Princess his daughter from the Lady Levingston, which was earnestly entreated by the whole Assembly, his Majesty did promise to bring her to his own house before the Term of Martinmas next. Whilst matters were thus proceeding, Mr. john Davidson his letter to the Assembly. there was delivered a letter sent by Mr. john Davidson to the Assembly, wherein as if he would awake his brethren fallen asleep, he began with a strong cry, How long shall we fear or favour flesh and blood, and follow the counsel and command thereof? Should our meetings be in the name of man? Are we not yet to take up ourselves, and to acknowledge our former errors, and feebleness in the work of the Lord? And a little after, Is it time for us now, when so many of our worthy brethren are thrust out of their callings without all order of just proceeding, and jesuits, Atheists and Papists are suffered, countenanced and advanced to great rooms in the realm, for the bringing in of idolatry, and captivity more than babylonical, with an high hand, and that in our chief City: Is it time for us, I say, of the Ministry to be inveigled and blindfolded with pretence of preferment of some small number of our brethren to have voice in Parliament, and have titles of Prelacy? Shall we with Samson sleep still on Dalilahs', knees, till she say, The Philistines be upon thee Samson? Then scoffing at the King's doings, he said, But Bonyton is executed, an infamous thief in the highest degree: what is that to the cause of Religion, whereof no question was moved? Is there no Papist, nor favourer of Papists in Scotland but Bonyton? But the King is sound in Religion, what can the adversaries do? Being sound, the danger were the less; but there is nothing either in Church or King according to our calling etc. In postscript to the same letter he wished them to be wary of determining any thing touching the planting of Edinburgh, in respect of any promises against Papists, and to remember that Melius & optabilius est bellum pace impiâ, & à deo distrahente. This letter laughed at by some did greatly offend the wiser sort, The letter offended greatly the wiser sort. who would have proceeded to censure the man as he had deserved, but that the King interceded, willing to leave the punishment to him, and go on with their own affairs, as they had begun. So the letter being cast by, the planting of Edinburgh was next handled, and after some reasoning it was concluded, that the three Ministers, Mr. Walter Balcanquell, A combustion touching the Ministers of Edinburgh. Mr. james Balfour, and Mr. William Watson should be transported and others placed in their rooms. The care of this among other things was entrusted to certain Commissioners deputed by the Assembly, who had power given them for all matters that concerned the Church unto the next general meeting. After this a proposition was made for a new translation o● the Bible, A Proposition was made for a new Translation of the Bible, and correcting the Psalms. and the correcting of the Psalms in meeter: his Majesty did urge it earnestly, and with many reasons did persuade the undertaking of the work, showing the necessity and the profit of it, and what a glory the performing thereof should bring to this Church: speaking of the necessity, he did mention sundry escapes in the common Translation, and made it seen that he was no less conversant in the Scriptures, than they whose profession it was; and when he came to speak of the Psalms, did recite whole verses of the same, showing both the faults of the meeter and the discrepance from the text. It was the joy of all that were present to hear it, and bred not little admiration in the whole Assembly, who approving the motion did recommend the translation to such of the brethren as were most skilled in the Languages, and revising of the Psalms particularly to Mr. Robert Pont; but nothing was done in the one or the other; yet did not the King let this his intention fall to the ground, but after his happy coming to the Crown of England set the most learned Divines of that Church a-work for the Translation of the Bible; which with great pains, and the singular profit of the Church they perfected. The revising of the Psalms he made his own labour, and at such hours as he might spare from the public cares, went through a number of them, commending the rest to a faithful and learned servant, who hath therein answered his Majesty's expectation. The Act for restraining the liberty of Application in Exercises was of new ratified, The liberty of Application restrained. and an Ordinance made against the preaching of young men not admitted to the Ministry, in the chief places of the Country; which done, and the next Assembly being appointed to be held at S. Andrews the last Tuesday of july, Anno 1602, the meeting dissolved. Soon after, The Ministers of Edinburg● received in favour. the King, by the advice of the Commissioners of the Church, received in favour the three Ministers of Edinburgh, that were ordained to be translated to other places, and licenced them to return to their Charges. Mr. john Dikes also, who had lurked all this time, having composed some Eucharistick Sonnets (as he called them) for his Majesty's preservation, was pardoned, and permitted to return to his place. But Mr. john Davidson presuming to find the like favour, and appearing in public without warrant, was taken and committed to the Castle of Edinburgh, where he remained some months, till by the intercession of the King's Ministers he was also put to liberty. In the State the Lord Maxwell began to make new troubles, New troubles by the Lord Ma●well. and notwithstanding, he was prohibited to repair within the bounds of Nidisdale & Galloway, he went home without licence, having contrived the death of Sir james johnston then Warden; but the purpose failing, he made an incursion upon Annandale, raising fire, and committing slaughter: whereupon, great stirs were moved in these parts, which were not pacified till the February after; at which time the King going in person to Dumfreis, made him leave the Country, and put in Sureties for his remaining within the bounds of Cluidsdale. In july thereafter Lodowick Duke of Lennox was sent in an Ambassage to France, The Duke of Le●nox directed Ambassador to France. rather for confirming the old amity and friendship, then for any business else. There went with him Sir Thomas Ereskin, and Sir William Levingston of Kilsithe, two of his Majesty's privy Council; Mr. john Spotswood then Parson of Calder, was directed to attend him as his Chaplain or Preacher. The Duke taking his journey by sea arrived at Deep, the 24 of that month, and upon the 10th day after entered into Paris, accompanied by james Archbishop of Glasgow, and a great train of Scotishmen, who did meet him at S. Denis; he had presence of the French King at S. Germane some seven leagues from Paris, and was very kindly accepted. A few days after the King went to Fountayn-bleau, where the Queen was to lie of Childbirth. Thither the Duke did follow him, and was entertained with hunting, and the like sports, unto the Queen's delivery, which fell out the 17 of September. The Queen of France lying of her first born. Going then unto the Country to salute his mother Madam D' Aubigney, and other his friends; whilst he was about these offices of kindness, the King went by post to Callais upon some intelligence, as it was said, from England, that the Queen was fallen sick; he himself gave out that the affairs of Flanders did occasion his journey, for as then the Archduke was besieging Ostend. But whatsoever the business was no man doubted but that he had an eye upon the succession of England; and if he could have found a faction, would have foisted in another Bastard of Normandy, which oftentimes in a merriment and gallantry he spared not to utter. The Duke after his return to Paris made no long stay, but taking his leave of the French King, who was then come back from Callais, took journey towards England, and came to London in the beginning of November: A Parliament was then sitting at Westminster, (the last that Queen Elizabeth held) which with his coming upon that instant gave many to think that he was come to urge a Declaration of the King's right of succession, and not a few they were, nor of small note, that offered to assist, if he should move any such business: but he told them, that neither had he any such Commission, nor would the King ever agree to any thing that might breed a jealousy in the Queen. And his Commission indeed was no other, but to salute the Queen in the King's name, and let her know the kind and filial affection he carried unto her, whereof he should be willing to give proof at all occasions. And for that he was given to understand, that the Irish Rebels had drawn in some Spanish forces into Ireland to fortify themselves in their Rebellion, he would, if his aid should be thought necessary, employ the same for their expulsion. The Queen giving the King many thanks, said, That if those troubles continued, she would take his help, and hire some of his High-landers and Isles men, but she trusted to hear other news shortly, and not be vexed long with those strangers. As also it came to pass, for the very next month, the Lord Montjoy her Deputy did in a battle fought near Kinsale defeat the Irish utterly, and afterwards forced the Spaniards that had taken the Town, to render upon condition of their lives saved, and that they might be transported again into their Country. The Duke after three weeks stay being feasted by the Queen and entertained with all compliments of amity returned home, The Duke returneth to Edinburgh. and came to Edinburgh in the end of December; where having related his proceedings in Council, they were all approved: The Lord Elphingston had in his absence resigned the office of Treasury upon an offence, as was thought, he conceived for adjoining some others unto him in the componing of Signators; and now was Sir George Hume one of the Masters of the query preferred to the office. which he discharged by his Deputy, Sir john Arnot, both to his Majesty and the Country's content. The next summer the King having resolved to plant Lowland-men in the Isles, An. 1602. and transport the inhabitants into the main land, Certain undertakers conque● the Isles. where they might learn civility, made a beginning at the Isle of Lewis. The undertakers were Patrick Abbot of Lendors, Colonel William Stewart, Captain William Murray, Mr. john Lermouth, of Balcolmy, Mr. james Spence of wormeston, Sir james Anstruther of that ilke, and james Forret of Fingaske: These Gentlemen furnishing themselves with arms and shipping, and having conduced a number of soldiers, took sea, and in the third or fourth day arrived in the Lake of Sternoway within the same Isle. Murdoch Macklond base son to old Macklond who carried himself as Lord of the Isle, made at the first some resistance, but after a little conflict distrusting the people, for he had used them with great tyranny, he fled and forsook the Isle, leaving the Indwellers to the discretion of the Invaders: they how soon he was gone, did all submit themselves, and accept such conditions as were offered by the undertakers. Being thus peaceably possessed, the Laird of Balcolmy either sent by the rest to signify their good success, and to make preparation against the Winter, or for some private business of his own, took purpose to return home, and being launched alittle from the coast, and by reason of the calm forced to cast anchor, was suddenly invaded by the said Murdach Macklowd, with a number of Birlings, (so they call the little vessels those Isles men use) the ship boarded, the mariners killed and himself made prisoner. The Laird of Balcomy taken prisoner, and dieth in Oikeney. The Gentleman being detained some days and hourly threatened with death, was afterwards ransomed by one of his friends, and conveyed to Orkeney, where contracting a fever he died. The rest of the Gentlemen, to repair this injury, conduced neil Macklowd, neil betrayeth his brother Murdach. brother to the said Murdach, to betray and deliver him in their hands, which he performed shortly after, having by an ambush laid for his brother, apprehended him, and some twelve more that were in his company. The twelve he presently beheaded, Murdach he delivered to the Gentlemen, as he had promised, who was afterwards transported to S. Andrews, and there executed. The undertakers thinking themselves now secured, The Lewis lost by the undertakers security. began to build, and made a partition of lands, letting the same to the Country people, who did all swear fidelity to them; but whilst they expected no trouble, Norman Macklowd son to old Macklowd, did on the sudden beset them, put fire to their lodgings and force them to the Conditions following: First, that they should purchase to them? remission from the King of all crimes and offences past. Next, that they should resign to Norman all the right that they had acquired of the Isle of Lewis. And thirdly, that Sir james Spence with his son in law Thomas Monypenny of kinkel, should remain as pledges until the remission was brought unto him, and such a surety given of the Isle, as he could devise. This condescended unto, Sir james Anstruther departed with the whole company that was left, (for many were killed before their yielding) and for relief of the pledges obtained of the King both the remission and security of the Isle that was desired, which was sent to Norman by james Lermouth son to the Laird of Darcie. By this mean were the pledges freed, and for that time the whole enterprise defeated: some three years after, the same was of new attempted, with what success we shall hear in the own place. Master Robert Bruce, Mr. Rob● Bruce licenced to return upon promise of satisfaction. who as we showed before, was exiled in France, obtained licence to return in the beginning of this Summer by the intercession of the Earl of Marre, whom he had entreated to mediate his peace, upon promise at his return to satisfy the King, and declare his resolution in that matter of Gowries. The King who never showed himself difficile (especially to Ministers that professed penitency for their errors) gave warrant to recall him, and he appearing before the Commissioners of the Church at Perth. the 25 of june where his Majesty was present, acknowledged his error, professed his resolution touching the guiltiness of those unhappy brothers, and promised if his Majesty should licence him to return to his place to declare the same publicly in the first Sermon he should have to the people. Mr. Rob: Bruce his inconstancy. The King doubting his performance (for he had often in other matters tried his inconstancy) caused the same to be set down in writing upon the back of the Letter he had sent to the Earl of Marre, and after he had subscribed the same, made all the Commissioners that were present (eleven in number) to set their hands thereto as Witnesses. This done, he was admitted to kisle his Majesty's hand, and licenced to return to his place: but as the King had conjectured, so it fell out, for coming to Edinburgh, where it was expected he should have done what he had both promised and subscribed, he left the Town, pretending that his Ministry should thereby be discredited, and he esteemed to preach by injunction. A General Assembly in the Chapel of Halirudhouse. The General Assembly of the Church meeting in November following, the King to remove this pretext, after he had showed all the particulars of his proceeding with Mr. Robert, and produced the Letter sent by him to the Earl of Marre, together with his subscription in the meeting of Perth, desired the voices of the Assembly, whether or not be aught to utter his resolution in pulpit as he had promised? They all, not one gainsaying, declared, That he was bound both in duty and conscience to fulfil his promise, so much the rather that by his distrust and disobedience to the Counsels charge, he had confirmed ill-disposed people in their suspicions. Yet this Ordinance did not content him, and so delaying to give satisfaction, he was by the Commissioners of the Church discharged from the Ministry of Edinburgh the year following. In this Assembly Mr. Patrick Galloway being chosen to preside, Petitions to his Majesty in name of the Church. made a Speech to the King, wherein he showed, That the Church was oppugned by two sorts of enemies, to wit, Papists and sacrilegious persons, and therefore in the name of the whole Church entreated his Majesty, that as he had with great travel and happy success made the principals of the Popish profession to conform themselves in outward obedience: so he would use his princely authority towards the other sort, and compel them, if not to restore all, at least to grant a competent allowance to Ministers forth of the tithes they possessed. The King accepting the Petition graciously, said, That it should not be well with the Church so long as Ministers were drawn from their Charges to attend the yearly modification of stipends, and that he held it fittest once to condescend upon a competent provision for every Church, and deal with those that possessed the tithes to bestow a part thereof to the foresaid uses: and seeing that business would require a longer time than they could well continue together, that they should do well to make some overtures to those that had the Commission for Stipends, promising for himself that he should stand for the Church, and be an advocate for the Ministers. After a long deliberation these overtures were proponed: First, that the Ministers having stipends assigned to them forth of the tithes of the Churches where they served, Overtures for provision of the Ministers. a perpetual security should be made to the Takesmen, and a certainer gressome condescended on for every chalder of victual which should be paid for nineteen years' lease; at the expiring whereof, another lease upon the like conditions should be renewed for as many years, the principal Takesmen being obliged to grant the like security for his Subtakesmen. 2. That the Prelacies should be disponed to actual Ministers, the Churches annexed thereto being sufficiently provided, and the tenth of the superplus paid to the King; or otherwise, that all the great Benefices should be dissolved, the Prelate enjoying the principal Church and temporal lands, and the Churches annexed disponed to Ministers, both they and the Prelate paying a yearly duty to the King. And 3. that all inferior Benefices should be provided to the Ministers serving the Cure. The first of these overtures the King held reasonable and most advantageous to the Church, The overtures deferred to another time. but the Assembly esteeming it dangerous to make tithes heritable, deferred to give their consent, so as nothing at that time was concluded, and the overtures remitted to a more deep consideration. The Synod of Fife did after this present some grievances, complaining, That the General Assemblies were not kept at the ordinary times, Grievances of the Synod of Fife. and both places and days altered, without the knowledge of Presbyters and Synods. That Ministers were called before the Council in prima instantia, for matters of doctrine and discipline. That the government of the Church continued in the hands of a few Ministers under the name of a Commission, to the prejudice of the liberty of the Church. That Doctors being an ordinary calling in the Church were debarred from coming to Assemblies. That no trial was taken concerning the observation of Caveats. That the Ministers of Edinburgh being the principal watchtower of the Church, were not permitted to attend their charge. That the land was polluted with the French Ambassadors mass, and excommunicates suffered to abide in the Country. And lastly, that the letters and practices of Papists were kept secret, and not communicated to the watchmen. These complaints being known to proceed from the private discontents of such as grieved to see the affairs of the Church carried by others than themselves, An answer to the grievances. were not much regarded, yet to show that they had no just cause to complain, a particular answer was made to every one of them. And first it was said, That the Assemblies both were, and should be kept, according to the Act of Parliament. That Ministers should not be called before the Council but upon just grounds. That Commissions given by the Assembly, and rightly discharged were lawful. That Doctors authorized with a Commission from the University, where they lived, were not denied a voice in Assemblies, and that if the Caveats were not observed, they might instance the point, and have the person after trial censured. To the rest of the heads his Majesty by himself made this reply, That the French Ambassadors mass was private, and could not be refused to him, considering that the Minister directed with his own Ambassadors the year before was permitted to preach within the City of Paris; And for the Ministers of Edinburgh they had received all the favour they desired. As to him that lay back, it was his own fault, and no man's else: But where, saith he, it is craved, that the letters and practices of Papists should be communicate to Ministers, as that were the ready way to procure the escape, and no punishment of the practices, so the proponers would remember, that secrets must be imparted at the King's pleasure, and not otherwise. Some other Acts were concluded in the same Assembly, Acts concluded in the Assembly. as That in memory of his Majesty's deliverance there should be Sermons in all the burgh's every Tuesday, and the fifth of August solemnly kept as the Parliament had prescribed in all the Churches of the Kingdom. That Ministers should not refuse the Sacrament of Baptism to Infants, nor delay the same upon whatsoever pretext, the same being required by the parents, or others in their name: for as then, except at ordinary hours of preaching, Ministers denied to baptise. And because they had taken a custom not to celebrate marriage upon the Sunday, pretending that the day was profaned by feasting, dancing, and the like, it was ordained, They should hereafter at the parties desire celebrate the same, either on the sunday or week day. These things concluded, and Commissioners chosen to attend the common affairs of the Church, the Assembly dissolved, having appointed the next meeting at Aberdene the last Tuesday of july, Anno 1604. All this time were the enemies of our Religion, the Jesuits especially busied, The business of Jesuits in England. to stir up a party against the King, and his title to England. They had lost all hope of gaining his affection, or obtaining any promise of toleration when he should come to that Crown; and had found their writings and pamphlets for the Infanta of Spain her right, to move few or none. Thereupon they fell to treat of a marriage betwixt Lady Arbella and Robert Prince of Savoy: and that not succeeding, to speak of a match betwixt her and a grandchild of the Earl of hartford's, judging that their pretensions being conjoined, many would befriend them to the excluding of the King of Scots; but the Queen who truly favoured his right though she would not openly profess so much, dashed all those projects, and caused an eye to be kept upon that Lady and such as resorted unto her. About the same time the King had intelligence given him, The story of Francis Mowbray and an Italian. that one Francis Mowbray son to the Laird of Barnebowgall, who had lived a while in the Infant's Court at Brussels, had undertaken to kill him. This broke out first at London by an Italian, a fencer, whose name was Daniel; which coming to the Queen's ears, she commanded Sir Robert Cecil her Secretary to call the persons (for they were both in the City) and examine them; the Italian abode by his speeches, Mowbray denied, and offered to prove him a liar in combat, which the other accepted. Both being sent unto Scotland, they were tried first severally, then confronted before certain of the Council; the Italian produced Witnesses, who verified all that he had deponed: whereupon Mowbray was committed to the Castle of Edinburgh, where seeking to escape by night at a window of the chamber, where he was detained, the sheets proving too short by which he thought to descend, he fell from a great precipice, and was found the next morning dead at the foot of the rock. The corpse was the same day, being the last of january, presented to the Justice, and sentence of forfeiture pronounced against him; his body hanged for a space upon the gibbet, and afterwards quartered, and affixed on the gates and most open places of the Town. His friends (for he was well born, and a proper young Gentleman) gave out that he had been strangled and his corpse thrown down at the window. But this carried no appearance, and was believed of few. The Queen of England in the winter being perceived to wax heavy and dull, The Queen of England groweth sick and the rumour thereof dispersed (as there is nothing that can be worse concealed than the sickness or death of a Prince) there was much business every where, and she held for the most part dead. The French King had sent the summer preceding two Ambassadors, A Conference betwixt the French Ambassador & Secretary Cicill. one to reside in England, and another in Scotland, under colour of impeaching the courses of Spain, but in effect to observe the strength and affection of both people. He that was sent into England brought a Letter from the French King to Secretary Cecil of infinite kindness; and breaking with him one day upon the miseries of the Kingdom when it should please God to translate the Queen, fell to speak of the loss he should sustain by the exchange, and the case wherein he would be, if the Scotish King did succeed; which to his apprehension, should be more hard and miserable than any others, being likely to undergo the revenge of faults laid upon his father about matters concerning the King's mother, and other courses that he was esteemed to have run himself since the death of his Father. The Secretary that was no child, knowing that the Ambassador did but sound him, for making some other project, answered, That this was the reward of unspotted duty, when Ministers did only regard the service of their Sovereigns, without respect of their own particular; And that for himself he should never grieve to endure trouble for so just a cause, the same being to a man that valued his credit more than his security, a kind of martyrdom: notwithstanding he supposed that things passed, would not be called to mind, or if so were, and that he saw his case desperate, he should flee to another City, and take the benefit of the King's royal offer. The Ambassador being so answered, made a fair retreat, saying, The King advertised of this conference. That in case the King of Scots did carry himself towards the King of France with the respect which was due, he was not purposed to impeach his interest. The Secretary replying, That it was a wise resolution his Master had taken. The Ambassador ceased to tempt him any further in that business. Hereof the King was advertised by Letters from the Secretary, who therein did assure him of his true and honest service when occasion required; howbeit he would not, as some others had done, needlessly hazard his fortune and reputation before the time. It shall not be amiss to hear what was the King's answer to the Secretary. His Majesty's letter to the Secretary. As I do heartily thank you (said he) for your plain and honest offer, so may you assure yourself, that it would do me no pleasure that you should hazard either your fortune or reputation, since the loss of either of these would make you the less available to me. No, I love not to feed upon such fantastical humours, although I cannot let busybodies to live upon their own imaginations. But for my part I hold it the office of a King as sitting on the throne of God to imitate the primum mobile, and by his steady and ever constant course to govern all the other changeable and uncertain motions of the inferior planets. And I protest in God's presence, that for your constant and honest behaviour in your Sovereign's service, I loved your virtues long before I could be certain that you would deserve at my hand the love of your person; wherefore go on, and serve her truly that reigneth as you have done; for he that is false to the present, will never be true to the future. In another letter directed to the E. of Northumberland (that we may know the wisdom and piety of the King) who had sent him advertisement of the Queen's weakness, A letter from the King to the Earl of Northumberland. and advised him to make sure his title by apprehending possession in time, he said, That man can neither be religious, nor just, that dealeth worse with his neighbour than he would be dealt withal, and in a man of quality it can be no wisdom to leap hedge and ditch, and adventure the breaking of his neck for gathering forbidden fruit before it be ripe; when as by attending the due time, he may be sure to find all the gates of the orchard open, and with free scope enter, take and taste at liberty. Sure it were a great weakness and unworthiness in me to come in as an Usurper with offence and scandal to the laws and present estate of government, when I may in the right time claim the Crown as nearest Heir to the Prince deceased, and possess with equity: should I out of untimely ambition fall to break the long continued and faithfully preserved amity, that by the proof of many kind offices hath taken root among us, it were an error inexcusable. And howbeit I do acknowledge your kind affection in the offers you make of assistance, I must tell you freely, that no Prince can presume of any subjects loyalty to himself, that hath been unsound and unfaithful to his own Sovereign: nor would I ever look to be secure in a Kingdom so traitorously disposed. In end, he advised the Earl to forbear such writing, and when he wrote (which he wished him to do rarely, An. 1603. and not but upon great occasions) to beware of any thing that might justly offend the Queen, The Queen of England her death. lest by interception or other misadventure he might be disabled to serve him another day. This was the King's resolution, which God so blessed, as it brought him within a short time after, against the opinions and desires of many, to the quiet and peaceable possession of his right and inheritance; for in the Spring the Queen's disease increasing (which was judged to be a melancholy incorrigible, and by some conceived to proceed from a sorrow for Essex; others ascribed it to the accepting of the Rebel Tyrone to peace) and all apprehending it to be deadly, the hearts of people did so incline to the King, as a great many in that State did write unto him, That all England was grown to be Scotish. The Queen herself continuing constant in her affection, when she was asked a little before her death by the Lord Keeper and Secretary (who were directed by the Council to understand her will touching her Successor) answered, None but my Cousin, the King of Scots. After which words, she spoke not much: only being desired by the Archbishop of Canterbury (whom she would not suffer to go from her all that time) to fix her thoughts upon God, she said, So I do, neither doth my mind wander from him: and then commending her soul to God in devout manner died most patiently and willingly. A Queen imcomparable for wisdom and fidelity of government; she departed this life the 24th of March, in the 70 year of her age, and 44 of her Reign. The same day in the forenoon the King of Scots was proclaimed King first at the Palace of whitehall, next at the Cross in Cheapside within the City of London with an infinite applause of all sorts of people. The end of the sixth Book. THE HISTORY of the CHURCH OF SCOTLAND. THE SEVENTH BOOK. The Contents. The proceedings after his Majesty's going into England unto his death. THE news of the Queen's death were brought the third day after by Sir Robert Cary, The King advised of the Queen's death. a son of the Lord Hunsdon; after whom Sir Charles Percy, brother to the Earl of Northumberland, and Thomas Somerset, son to the Earl of Worcester, were directed from the Council of England with the Letter following. RIght High, Right Excellent and mighty Prince, A letter from the Council and Nobility of England to the King. and our dread Sovereign Lord, as we cannot but confess unto your Majesty, that the grief we have conceived by the loss of our late Sovereign Lady, whose soul in your palace of Richmond passed from her earthly body to the joys of heaven, betwixt two and three of the clock this morning, was nothing less than our loyalty and love to her whilst she lived, being a Princess adorned with virtues meet for Government, prosperous in the success of her affairs, and under whose obedience we have lived in greater tranquillity these many years, then commonly happeneth to Princes; so we must acknowledge that our sorrow is extingushed by the impression we have of those heroical virtues of wisdom, piety and magnanimity, which we know to be in your Majesty's person, to whose right the lineal and lawful succession of all our late Sovereign's dominions doth justly and only appertain: wherein we presume to profess this much, as well for the honour, which will thereby remain to our posterity, as for your Majesty's security of a peaceable possession of your kingdoms, that we have never found, either of those of the Nobility, or of any other of the Estates of this realm, any divided humour about the receiving and acknowledging your Majesty to be the only head that must give life to the present maimed body of this kingdom, which is so happy, as with an universal consent to have received one sole uniform and constant impression of bright blood, as next of kin to our Sovereign deceased, and consequently by the Laws of this realm, true and next heir to her kingdoms, and dominions; whereof we have made outward demonstration by public Proclamation this very day a fore noon, first in the City of Westminster, at your Majesty's palace gate at White-Hall, and next at the Cross of Cheapside, within your Majesty's City of London, with an infinite applause of your people, and with such solemnity as the shortness of time would permit. Of all which we have thought it our duty immediately to advertise your Majesty by these two Gentlemen, Sir Charles' Percy brother to the Earl of Northumberland, and Thomas Somerset Esq son to the Earl of Worcester, of whom we have made choice to be the bearers of our Letters, humbly beseeching your Highness to accept the same as the first fruits and offering of our tender and loyal affections towards you our gracious Sovereign, and to rest assured, that the same shall be ever hereafter seconded with all faith, obedience and humble service, which shall be in our power to perform, for maintaining that which we have begun with the sacrifice of our lives, lands and goods, which we with all our other means do here humbly present at your Majesty's feet: craving of your Highness, that seeing hereby you may perceive in what estate we remain, as body without a head, or rather without that spirit here amongst us, which from the head might give vigour to every member to exercise the duty to it belonging, thereby to keep the whole body from confusion, you will be pleased to enter into consideration how soon and in what manner it shall seem best to your Majesty's excellent wisdom, to inspire a new life into this languishing body, the circumstances whereof are wholly to be left to your Majesty, holding it enough for us humbly to acknowledge ourselves your true subjects, ready to obey all your commandments: assuing you with all, that as we have hereby as many of us as have underwritten this letter, declared our recognition and humble submission to your Majesty's sovereign power and right, so we do know by all good proofs, that the mind of the rest of the Nobility, and all others who are absent, in their several qualities, places and charges, whom the time permitted not without the prejudice of your affairs to assemble, so soon as we were desirous this should be performed, are wholly and absolutely with us in all zeal and duty for all things that shall be imposed upon them by your royal will and pleasure. Further we have thought meet and necessary to advertise your Highness, that Sir Robert Cary this morning departed from hence towards your Majesty, not only without the consent of any of us who were present at Richmond, at the time of our late Sovereign's decease, but also contrary to such commandment as we had power to lay upon him, and to all decency and good manners and respect, which he ought to so many persons of our degree, whereby it may be, that your Majesty hearing by a bare report only of the death of the late Queen, and not of our care and diligence in establishment of your Majesty's right here, in such manner as is above specified, may conceive doubts of other nature, than (God be thanked) there is cause you should, which we would have clearly prevented, if he had born so much respect to us, as to have stayed for a common relation of our proceedings, and not thought it better to anticipate the same: for we would have been loath that any person of quality should have gone from hence, who should not with the report of her death, have been able to declare the first effects of our assured loyalties. And lastly it may please your Majesty to receive this advertisement, that of late there was made ready by the commandment of the Queen our Mistress a good fleet of eight or ten of her ships well manned, and furnished under the charge of Sir Richard Lawson Knight, to have been employed upon the coast of Spain; which employment by her decease is ceased for want of Commission to exercise the sane, and now is kept together in the narrow Seas to prevent any sudden attempt against the Low Countries; and that now there is nothing either of land or sea, that is not yours, it may please your Majesty to signify your pleasure concerning that Fleet, and whether you will have it or any part thereof resort to your coast of Scotland, where it may serve you, either for the safe convoy of your person to this realm, if there shall because to use it in this manner, or to transport any of yours, whilst you come by land, or any other service. In which point we humbly beseech you, to make known under whose charge it shall beyour pleasure, the whole Fleet, or any part thereof shall come unto you. And this being all that for the present doth occur to be advertised to your Majesty by us whose minds are occupied about the conservation of this your realm in peace, as far forth, as by any power for your Majesty's service only assumed the interruption thereof may be prevented, saving that we have sent a Copy of the Proclamation made here to your Majesty's deputy of Ireland, to be published in that kingdom, we will and with our humble prayers to Almighty God, that we may be so happy, as speedily to enjoy the comfortable presence of your Highness royal person amongst us, the only object of that glory, and those felicities which in the earth we have proponed to ourselves. Written in your Majesty's City of London, the 24 of March 1603 at ten hours of the clock at night. This Letter was subscribed by Robert Leigh Mayor John Canterbury Thomas Egerton Thomas Buckhurst Nottingham Northumberland Gilbert Shrewsbury William Derby Edward Worcester Geo. Cumberland R. Suffex Henry Lincoln Pembroke Clanrickard G. Hunsdon Tho. Howard Richard London Robert Hartford John Norwich Morley Henry Cobham Thomas Laware Grace Edward Cromwell R. rich Lumley Chandois W. Compton W. Knowlles Edward Wootton John Stanhop Raleigh John Fortescue and John Popham. The King having imparted this letter to the Council, The contents of the letter published. it was thought meet, that the Contents thereof should be published, for begetting a greater kindness betwixt the people and the two Kingdoms; whereupon a Proclamation was made, showing That the Queen before her death continuing in that loving affection, which she professed to his Majesty all the course of her life, had declared him her only true heir and successor in the imperial Crowns of England, France, and Ireland, and that the Lords Spiritual and Temporal, assisted by the Lord Mayor of London, and others of the Gentry of good quality had upon the 24 of March last, proclaimed him their only liege Lord and undoubted Sovereign, which being the most clear demonstration that a people could give of their affection, and a sure pledge of their future obedience, aught to move all true hearted subjects, to account of them no otherwise then as their brethren and friends, and to forget and bury all quarrels, and grounds of former dissensions; That therefore none should pretend ignorance, nor carry themselves in any unkind sort towards the inhabitants of England, his Majesty with the advice of the Lords of Council, had ordained Proclamation to be made of the premises, assuring them that should so apply themselves of his gracious favour when occasion presented, and certifying such as did in the contrary, that they should incur his wrath, and extreme displeasure. This notwithstanding, The Borders make incursions upon the report of the Queen's death. the word no sooner came of the Queen's death, than the loose and broken men in the borders assembling in companies, made incursions upon England, doing what in them lay to divide the two Kingdoms, which the year following was severely punished, the principals that were tried to have been partners in that business, being all executed to the death. The King in the mean time giving order for his journey did appoint the Queen to follow him some twenty days after, The King giveth order for his journey. and for his children, ordained the Prince to remain at Striveling, the Duke of Albany his brother to abide with the Lord Fyvie Precedent of the Session, and the Princess Elizabeth their sister, with Alexander Earl of Linlithgow. To the Lords of Council an ample Commission was given for the administration of all affairs, receiving resignations, hearing the accounts of the Exchequer, continuing days of law, adjoining assessors to the justice, granting of licences to depart forth of the Realm, altering the place of their residence as they should find it convenient, repressing the troubles of the Borders, and for creating Lieutenants, one, or more upon occasions. The persons he choosed to attend him in the journey, The persons choosed to attend the King in his journey. were the Duke of Lennox, the Earls of Marre, Murray, and Argile, the Lord Hume, Sir George Hume Treasurer, Mr. james Elphingston Secretary, Sir David Murray controller, Sir Robert Ker of Cessord, with the ordinary Gentlemen of the Chamber; and of the Clergy, David bishop of Rosse, Peter Bishop of Dunkeld, Mr. Patrick Galloway, Mr. Andrew Lamb, Mr. john Spotswood, Mr. Gawen Hamilton, and Mr. Alexander Forbes Ministers. Things thus ordered, the King went the next morning to S. Giles to hear a Sermon; He goeth to S. Giles to hear sermon. Mr. john Hall (whose course it was) preaching took occasion to remember the great mercies of God towards his Majesty, reckoning the peaceable succession to the Crown of England none of the least. This, he said, was Gods own proper work, for who could else directed the hearts of so numerous a people with such an unanime consent to follow the way of right? The King makes a speech to the People which is followed with a great lamentation of the hearers. Thereupon he did exhort his Majesty to thankfulness, to the maintenance of God's truth, and that he would send home some of those commendable orders, he would find whither he was going. The King accepting his exhortation in good part, did upon the end of the Sermon make a speech to the people, which at the time were frequently convened, and promising to have care of them, and their good, gave them a most loving and kind farewell. This was followed with such a mourning and lamentation of all sorts, as cannot be well expressed. For albeit they joyed not a little at first to hear of that accession of honour to their King, yet considering they should be deprived of his presence, and have no more a resident King among them, they were grieved out of all measure. This affection of the people moved also the King greatly: therefore when the Magistrates, Ministers, and others of the better sort, came to receive his commandments, he spoke graciously unto them; willing them not to be troubled with his departing, for that they should find the fruits of his government as well afar off, as when he was near at hand; and as his power was now increased, and made greater, so his love towards them should not be a whit diminished. In this sort did he part, The King cometh to Berwick. and beginning his journey on Wednesday the fourth of April, came the day to Berwick, there he was welcomed with a most eloquent Sermon by Toby Matthew Bishop of Durham (for he went first to the Church) which finished he was conveyed to the Palace by the Governor and garrison, the munition playing from the walls, and the Citizens with shouts and acclamations testifying their gladness. The ninth of that month he went to Newcastle, where he abode some few days, and because multitudes of people from all quarters were daily coming to see the King and offer their service, Order was taken, that no strangers should have access granted, till the Chamberlain, or Master of the Guard was acquainted with their business. At York he was met with the Councillors, The Councillors meet him at York. and from thence, by easy journeys, traveled to London; how his Majesty was there received, and what other things happened in the time, I remit to the English History, my purpose being only to relate the things passed in Scotland, or had some reference to matters of that Church and Kingdom. Being at Burleigh house near unto Stamford, the King was advertised of the death of james Beaton Archbishop of Glasgow, The death of Mr. james Beaton Archbishop of Glasgow. who deceased at Paris in the same month. This man was descended of the house of Balfoure in Fife, and consecrate. Bishop at Rome in the year 1552, and at the time of reformation forsook the Country, out of the hatred he bore to those that had hand in that work, and carried with him all the writs and evidents of the Sea of Glasgow, with the vessels and ornaments of the Cathedral Church, things of exceeding great worth: for besides those of ordinary use, there belonged to that Church, the Image of our Saviour in beaten gold, and the portraits of the twelve Apostles in silver. The Queen returning from France, did establish him Ambassador in these parts for her affairs: under the government of the Regent's he was forfeited, and deprived of his living, which, as we showed before, was conferred upon Mr. james Boyd Trochrig, and after him went through divers hands, till the King at his majority did restore him to his dignity, honour, and living, employing him likewise for his Ambassador in France: a man honourably disposed, faithful to the Queen while she lived, and to the King her son, a lover of his Country, and liberal according to his means to all his Countrymen; in his last Will he bequeathed all his means to pious uses, leaving as was said ten thousand Crowns for the education of poor Scholars, being Scottish men born. The evidents, vessels, and ornaments of the Sea of Glasgow he consigned in the hands of the Carthusians of Paris, appointing the same to be redelivered, how soon Glasgow should become Catholic, and this year being the 66 of his age departed peaceably this life. The King having destinated Mr. john Spotswood for his successor, The Queen falleth sick at Striveling. sent him back to attend the Queen in her journey, and serve her for elemosynar; Soon after his coming her Majesty went to Striveling, of mind to bring away the Prince her son, and carry him along with herself to England; but being denied by the friends of the house of Marre she became so incensed, as falling into a fever, she made a pitiful abortion. Advertisement of this being sent unto the King, he caused the Earl of Marre to return, and after him sending the Duke of Lennox, with a warrant to receive the Prince, and deliver him to the Queen; he was brought unto her at Halirudhouse, The Prince delivered to the Queen. about the end of May: yet she not satisfied herewith complained bitterly of the dishonour she had received, and by a letter written to the King, full of passron and anger, which she gave her Elemosynar to carry, required a public reparation, by the punishment of the Earl of Marre and his servants. The King who knew the Earl himself to be blameless, and desired not to be troubled with such business, especially at that time, returned this answer, That she should do wisely to forget the grudges she carried to the Earl of Marre, and thank God of the peaceable possession they had obtained of these Kingdoms, which next unto God his goodness he ascribed to the last negotiation of the Earl of Marre in England. This reported to the Queen (for the messenger was commanded to speak so much) she in a great choler replied, That she rather would have wished never see England, then to be in any sort beholden to him for the same. Yet as she was a most mild Princess, and very careful to please the King in every thing, at her coming to Windsor, which was about the end of june, she was reconciled to the Earl of Marre, and he by Act of Council declared to have done nothing in that accident at Striveling, that might touch her in honour. At the same time was the Princess Elizabeth, who was brought alongst with the Queen, taken from the Earl of Linlithgow, and given to the custody of the Lady Harrington, the Earl his service in her education, being by Act of Council approved. All this Summer the sickness was reigning at London, The King and Queen inaugurated at Westminster. which made the Coronation to be deferred unto july, on the 27 day whereof, the King and Queen were solemnly inaugurated in the Church of Westminster, john Whitgift Archbishop of Canterbury performing the Ceremonies. A conspiracy detected against the King. There had been few days before a conspiracy detected against the King, plotted by two Priests, the one called William Watson, the other William Grey, and George Brook Esq. There joined with them upon some discontents, the Lord Cobham, the Lord Grey, Sir Griffin Marcham, and Sir Walter Raleigh, this last had served the late Queen a long time, as Captain of her guard, and being put from the place, and the same bestowed upon Sir Thomas Areskin Lord Fenton in Scotland, he grudged exceedingly. The treason being discovered, (which came by this occasion) Raleigh parting with his sister at London had commended himself to her prayers, saying, That he was going whence he thought not to return; which she did interpret of some combat he had undertaken, and breaking the same to her neighbours, the words were carred to Court, where they received another construction) they were all apprehended, and committed to several Prisons. Being brought to their trial in Winchester about the beginning of December, they were found guilty, George Brook and two Priests executed. and condemned to die, George Brook and the two Priests were executed as Traitors, the rest while they expected nothing but death (for they were brought all, one after another, to the place of execution, and their heads laid under the axe to be cut off) were spared, and the execution of the sentence pronounced, suspended. The people that were assembled in great numbers, The Noblemen and others spared. hearing the Mandate read, which was published by the Sheriff, and was to this effect, That his Majesty unwilling to have the beginning of his reign stained with the blood of Noblemen, though convicted of a most heinous crime, was pleased to extend his clemency towards them, and having spared the L. Cobham, & Grey, because in the dispensing of mercy regard must be taken of inferiors, had bestowed the same favour on the other two) did greatly extol his Majesty's clemency, promising to themselves much happiness under his government, that could so temper his justice and mercy. Cobham and Grey lifting up their hands to heaven, did thank God, who had thus inclined his Majesty's heart, professing they were unworthy of life, and that they should be ashamed ever to show their faces amongst men, having wronged so good and gracious a King. The next year began with a conference of the Clergy at Hampton Court, Ann. 1604. divers petitions had been exhibited to his Majesty for reformation of abuses in the Church, The conference at Hampton Court. whereupon he took purpose to call certain of the Bishops, Deans, and Doctors together, and with them some of the most grave and modest among the complainers. The Bishops were, the Archbishop of Canterbury, the Bishop of London, Durham, Winchester, Worcester, S. david's, Chichester, Carlisle, and Peterborough. The Deans of the Chapel, Christ's Church, Worcester, Westminster, Paul's, Chester, Windsor, Dr. Field, and Dr. King: for the petitioners Dr. Reynolds, Dr. Spark, Mr. Knewstubb, and Mr. Chatterton were present. These being called into the Privy Chamber, His Majesty's proposition at the meeting. the King spoke unto them to this effect, That following the ensample of all Christian Princes, who in the Commencement of their reign do usually begin with the establishment of the Church, he had now at his entrance to the Crown taken course to assemble them, for settling an uniform order in the same, for planting unity, removing dissensions, and reforming abuses, which (he said) were naturally incident to all politic bodies. And yet that he should not be mistaken, and his purpose in assembling them misconstrued, he declared, that his meaning was not to make any innovation of the government established, which he knew was approved of God, but to hear and examine the complaints that were made, and remove the occasions thereof, whereof he willed the petitioners to begin, and show what the things were that grieved them. Doctor Reynolds with the other three, An. 1603. falling upon their knees, after a short gratulatory preamble, Doctor Reynolds speech in behalf of the Petitioners. reduced the matters questioned to two heads, some he said concerned the matters of the Church, and others the Government. Touching the Doctrine that in the Book of Articles of religion, some things were obscure, and some things defective, which they wished to be supplied, and explained. Being desired to name the particulars, he condescended upon some Articles, whereof after they had conferred a while, and he professed to have received satisfaction, The particulars complained of. the King said, That if these were the greatest matters that grieved them, such importunity needed not, as was used to him, and that a more private course had been better: Then falling to speak of the Government of the Church, the want and scarcity of sufficient Ministers in every Parish was much complained of with the subscription urged to the Communion book, the censures inflicted by lay Chancellors, and other more points, which are to be seen in the Conference imprinted: after some three hours debating, The meeting continued to 18 of january. they were commanded to meet again in the same place, the 18 of january, at which time they should know his Majesty's pleasure in these matters. At the day the Bishops, The effect of the meeting and his Majesty's exhortation to the Clergy. Deans, and Doctors of the Arches being first called, the Archbishop presented certain notes of explanation of the Liturgy, which the King had commended to the Bishop's care, and thereafter his Majesty questioning them touching the exercise of the high Commission, the Oath ex officio, the censure of ex●cmmunication, and the matter of subscription; when as they had answered in all these points to his Majesty's content, Doctor Reynolds and the others were desired to come into the chamber, and the foresaid explanations read unto them, wherewith they professed to be satisfied. The King upon this expressing a great contentment with that which had passed among them, did seriously exhort them to the preservation of unity, willing the Bishops to use their inferiors with all lenity, and take the fairest ways for reclaiming those that were otherwise minded, warning these others also to beware of obstinacy in their opinions, and disobedience to the orders of the Church: Obedience, said he, and humility, are the marks of good and honest men, such I believe you to be, but it feareth me that many of your sort are humorous, and too busy in the perverting of others. The exceptions taken against the Communion book, as I perceive, are matters of mere weakness, and they who are discreet will be gained with time, by gentle persuasions, or if they be und street, better it is to remove them, then to have the Church troubled with their contentions. For the Bishops I will answer, that it is not their purpose presently and out of hand to enforce obedience, but by fatherly admonitions and conferences to induce such as are disaffected. But if any be of an opposite and turbulent spirit, I will have them enforced to a conformity. Neither tell me, that the wearing of a surplice, or using the Cross in Baptism will diminish the credit of Ministers that have formerly dissallowed the same; for that is just the Scotish Argument, when any thing was concluded, that sorted not with their humour, the only reason why they would not obey, was, that it stood not with their credit to yield, having been so long of a contrary opinion. I will none of that, but that a time be limited by the Bishops of every Diocese to such, and they that will not yield whatsoever they are, let them be removed; for we must not prefer the credit of a few private men to the general peace of the Church. Throughout all this conference in every point that was moved, or came to be talked of, the King did show such knowledge, and readiness, as bred not a small admiration in the hearers. The Chancellor of England his judgement of the King. Chancellor Egerton wondering to see him so expedite and perfect in all sort of Divinity, said, That he had often heard, and read, that Rex est mixta persona cum Sacerdote; but that he saw never the truth of it until that day. Let me add that which I was afterward told by Richard Bancroft Archbishop of Canterbury (for Whitgift died the next month after the conference, one of the great glories of the English Church) that when the Rolls were brought in, of those that stood out and were deposed, which was some years after, they were found to be forty nine in all England, The number deposed for disconformity. when as the Ministers of that Kingdom are reckoned nine thousand and above: such a noise will a few disturbers cause in any society, where they are tolerated. In the March thereafter, An. 1604. a Parliament was kept in England, where the King after he had given thanks to the State for the general applause they showed in receiving him to the place, which God by birthright, A Parliament in England for the union. and lineal descent had provided for him, did earnestly move the union of the two Kingdoms, that as they were made one in the head, so among themselves they might be inseparably conjoined, and all memory of bypast divisions extinguished. A motion that took well at first, and seemed to be generally desired of both Nations, but did not succeed as was wished. The Parliament always at his Majesty's desire, and for a demonstration of their obedience did nominate Thomas Ellesmore Lord Chancellor of England, Thomas Earl of Dorset Thesaurer, The English Commissioners. Charles Earl of Nottingham Lord high Admiral, Henry Earl of Southampton, William Earl of Pembroke, Henry Earl of Northampton, Richard Bishop of London, Toby Bishop of Durham, Anthony Bishop of St david's, Robert Lord Cecil principal Secretary to his Majesty, Edward Lord Souch Lord Precedent of Wales, William Lord Monteagle, Ralph Lord Ewer, Edmond Lord Sheffeild Lord Precedent of the Council of the North, Lords of the higher House: And Thomas Lord Clinton, Robert Lord Buckhurst, Sir Francis Hastings knight, Sir john Stanhop knight, Vice-chamberlain to the King's Majesty, Sir George Carew knight, Vice-chamberlain to the Queen's Majesty, Sir john Herbert knight, second Secretary to his Majesty, Sir Thomas Strickland knight, Sir Edward Stafford knight, Sir Henry Nevil of Berkshire knight, Sir Richard Buckly knight, Sir Henry Billingsly knight, Sir Daniel Dunne knight, Dean of the Arches, Sir Edward Hobby knight, Sir john Savile knight, Sir Robert Wroth knight, Sir Thomas chaloner knight, Sir Robert Mansell knight, Sir Thomas Ridgway knight, Sir Thomas Holcraft knight, Sir Thomas Hasketh knight, his Majesty's Attorney of the Court of Wards and Liveries, Sir Francis Bacon knight, Sir Lawrence Cawfield knight, Sergeant at Law, Sir Henry Hubbard knight, Sergeant at Law, Sir john Bennet knight, Doctor of the Laws, Sir Henry Witherington, Sir Ralph Grey, and Sir Thomas Lake knights, Robert Ashwith, Thomas james, and Henry Chapman, Merchants, Knights, and Burgesses of the house of Commons: The power given them by the Parliament. Giving them, or any eight, or more of the said Lords of the higher house, and any twenty of the said Knights, and Burgesses of the said house of Commons, full power, liberty, and Commission to assemble and meet, at any time, or times, before the next Session of Parliament, ●or treating and consulting with certain selected Commissioners, to be nominated, and authorized by authority of the Parliament of the realm of Scotland, of and concerning such an union of the said realms of England and Scotland, and of and concerning such other matters, causes, and things whatsoever as upon mature deliberation, and consideration the greatest part of the said Lords, Knights, Citizens', and Burgesses, being assembled with the Commissioners to be nominated by the Parliament of Scotland, shall in their wisdom think and deem convenient and necessary for the honour of his Majesty, and the weal, and common good of both the said realms, during his Majesty's life, and under all his progeny, and royal posterity for ever; which Commissioners of both the said realms, shall according to the tenor of their said Commissions, reduce their doings and proceedings into writings, or instruments tripartite, every part to be subscribed, and sealed by them, to the end, that one part thereof may in all humility be presented to his most excellent Majesty, the second part to be offered to the consideration of the next Session of Parliament for the realm of England, and the third to be offered to the consideration of the next Parliament for the realm of Scotland, that thereupon such further proceeding may be had, as by both the said Parliaments may be thought fit, and necessary for the weal, and common good of both the said realms. A Parliament in Scotland for the same purpose was indicted to the tenth of April, A Parliament in Scotland to that purpose. and thereafter prorogated to the eleventh of july, at which time the Lords Spiritual and Temporal, assembled by virtue of his Majesty's Commission, did ordain the persons following, they are to say, john Earl of Montrosse Chancellor of Scotland, Francis Earl of Arroll high Constable of Scotland, james Earl of Glencarn, Alexander Earl of Linlithgow, john Archbishop of Glasgow, David Bishop of Rosse, George Bishop of Cathnes, Walter Prior of Blantire, Patrick Lord Glammis, Alexander Lord Elphingston, Alexander Lord Fyvie Precedent of the Session of Scotland, Robert Lord Roxbrugh, james Lord Abircorn, james Lord Balmerinoth Principal Secretary of Scotland, David Lord of Scone, Sir james Scrimgeour of Dudop, The Scottish Commissioners. knight; Sir john Cockburn of Ormston, knight; Sir john Hume of Couldenknowes, knight; Sir David Carnegie of Kinnard, knight; Sir Robert Melvill elder of Murdocarmie, knight; Sir Thomas Hamilton of Binnie, knight, Sir john Lermouth of Balcony, knight; Sir Alexander Straton of Lawriston, knight; Sir john Sheen of Curry-hill, knight; Mr. john Sharp of Howston, Lawyer; Mr. Thomas Craig Lawyer; Henry Nisbit, George Bruce, Alexander Rutherford, and Mr. Alexander Wedderburne, Merchants, or any twelve of them, to assemble and convene themselves, after the ending of the present Session of Parliament, The power granted h●em. and before the next Session thereof, at such time and in such place as it should please his Majesties to appoint with certain selected Commissioners nominated and authorized by the Parliament of England according to the tenor of their Commissions in that behalf, to confer, treat, and consult upon a perfect union of the realms of Scotland, and England, and concerning such other matters, things, and causes whatsoever, tending to his Majesty's honour, and contentment, and to the weal and tranquillity of both the Kingdoms, during his Majesty's life, and his royal posterity for ever, as upon mature deliberation, the greater part of the said Commissioners assembled as is aforesaid, with the Commissioners authorized by the Parliament of England, shall in their wisdom think most expedient and necessary, not derogating from any fundamental Laws, ancient privileges, and rights, offices, dignities, and liberties of the Kingdom. This last clause was added because of the narrative of the English Act wherein it was said, That it was not his Majesty's mind to alter, or innovate the fundamental laws, privileges and good customs of the Kingdom of England, by the abolishing, or alteration whereof, it was impossible but that a present confusion should fall upon the whole state and frame of that Kingdom. In all other things the Statute in substance was the same with the English. Soon after this, the King resolving to have Westminster at London the place of the meeting, Westminster appointed for the place of meetting. letters were directed to the Noblemen and others nominated for Scotland, willing them to address themselves to the journey, and to be ready to meet with the other Commissioners the 20 of October; and lest any disorder should fall out in the absence of the Chancellor and others of the Council, the Lord Newbottle was appointed to attend, and reside in Council unto their return. The day and place of meeting, was precisely observed by the Commissioners of both Kingdoms, Articles of the union. who after many day's conferences agreed unto certain Articles to be presented to his Majesty and to the Courts of Parliament of both Kingdoms, there to receive such strength and approbation as in their wisdoms should seem expedient: the Articles were as followeth. It is agreed by the Commissioners of England and Scotland to be mutually proponed to the Parliament of both realms at the next Sessions; Hostile laws extinguished. That all hostile laws made and conceived expressly, either by England against Scotland, or Scotland against England, shall in the next Sessions be abrogated and utterly extinguished. It is also agreed, that all Laws, The name of Borders abolished. Customs, and Treaties of the Borders betwixt England and Scotland shall be declared by a general Act to be abrogated and abolished, and that the subjects on either part shall be governed by the Laws and statutes of the Kingdoms where they dwell, and the name of the Borders extinguished. And because by abolishing the Border Laws, Order for sentences not satisfied. and Customs it may be doubted that the executions shall cease upon those sentences that have heretofore been given by the opposite Officers of those Borders, upon wrongs committed before the death of the late Queen of happy memory; It is thought fit that in case the Commissioners or Officers to be appointed by his Majesty before the time of the next Sessions of Parliament, shall not procure sufficient redress of such filled Bills and Sentences; that then the said Parliaments may be moved to take such order as to their wisdoms shall seem convenient, for satisfaction of that which hath been discerned by some Officers; as also how disorders and insolences may be hereafter repressed, and the country which was lately of the Borders kept in peace and quietness in time to come. As likewise to prescribe some order, how the pursuits of former wrongs, preceding the death of the late Queen and since the last treatise of the Borders in the years 1596, and 1597. which have never as yet been moved, may be continued and prosecuted to a definitive sentence. And forasmuch as the next degree to the abolition of all memory of hostility is the participation of mutual commodities and commerce; Participation of Comm●dito be mutual. It is agreed, first concerning importation of Merchandise into either realm from foreign parts, that whereas certain commodities are wholly prohibited by the several laws of both realms, to be brought into either of them by the natives themselves or by any other, the said prohibitions shall now be made mutual to both, and neither an English man bring into Scotland, nor a Scotch man into England, any of these prohibited Wares and Commodities; Nevertheless if the said Commodities be made in Scotland, it shall be lawful to bring them out of Scotland to England, and so reciprocally of the Commodities made in England and carried to Scotland. Whereas a doubt hath been conceived against the equal communication of trade betwixt English and Scottish subjects in matter of importation, Inequality of privileges to be be tried. grounded upon some inequality of privileges, which the Scots are reported to have in foreign parts, and namely in France, above the English, whereby the English might be prejudged; And that after a very deliberate consideration had of the said supposed inequalities, both private and public examination of divers Merchants of either side touching all liberties, immunities, privileges, imposts, and payments on the part of the English, and on the part of the Scottish, either at Bordeaux for their trade of wines, or in Normandy or any other part of France for other Commodities; it appeared, that in the Trade of Bordeaux there was, and is so little difference, in any advantage of privileges or immunities, or in the imposts and payments, all being reckoned and well weighed on either side, as it could not justly hinder the communication of trade: In the trade of Normandy likewise or any other parts of France, the advantage that the Scottish subjects by their privilege is acknowledged to have, is such, as without much difficulty may be reconciled and reduced to an equality with the English by such means as is hereafter declared: It is agreed that the Scottish men shall be free for the transporting of wine from Bordeaux into England paying the same customs and duties that the English men do pay, and the English men shall be likewise free for transporting of wine or other commodities from Bordeaux into Scotland, paying the same Customs and duties that the Scottish men do pay there. And likewise for clearing and resolving the doubts touching the advantage that the Scots are supposed to have above the English in buying and transporting the commodities of Normandy, Importation to be free to both people. and of other parts of the Kingdom of France, (excepting the buying of wine in Bordeaux, which is already determined:) It is agreed, that there shall be sent some meet and discreet persons into France two for either side, to take perfect notice of any such advantage as either the English have above the Scots, or the Scots above the English in the buying or transporting of any Commodities of Normandy or any parts of France (excepting the wine of Bordeaux) and as the said persons shall find the advantage to be, so for making the trade equal, the custom shall be advanced to the King in England and Scotland. And for the part of those that have the advantage and according to the proportion of the said advantage, the advancement of the custom to continue no longer than the privilege having such advantage, shall continue, and that generally for all other Trade from any parts the English and Scottish, subjects each in others Country shall have liberty of importation as freely as any of the native subjects themselves having special Privilege. Next concerning exportation; Exportation of Goods prohibited made unlawful to both. It is agreed, that all such goods as are prohibited and forbidden to English men themselves to be transported forth of England to any foreign part, the same shall be unlawful for any Scottish men or any other to transport to any foreign Nation beyond sea, under the same penalties and forfeitures that the English are subject unto: and reciprocally that forth of Scotland no English men shall transport to any foreign part the Goods or Commodities that are prohibited in Scotland to Scottish men themselves; Nevertheless such Goods, and Commodities, and Merchandises as are licenced to English men to transport out of England to any foreign part, the same may be likewise transported by Scottish men thither, they certifying their going into foreign parts, and taking a Cocquet accordingly, and paying the ordinary Custom that English men do pay themselves at the exporting of such Wares: The like liberty to be for English men in Scotland. As for the Native Commodities which either of the Countries do yield and may serve for the use and benefit of the other, Order for Native Commodities. It is agreed that mutually there may be transported forth of England to Scotland, and forth of Scotland to England, all such Wares, as are either of the growth, or handiwork of either of the said realms, without payment of any impost, custom, or exaction; and as freely in all respects, as any Wares may be transported either in England, from part to part, or in Scotland from part to part; excepting such particular sorts of Goods, and Merchandises, as are hereafter mentioned; being restrained for the proper, and inward use of each Country: And for that purpose it is declared, That both this communication of benefit, and participation of the Native Commodities of the one Country with the other, there shall be specially reserved, and excepted the sorts hereafter specified; That is to say, Wool, Sheep, Sheepfell, Cattell, Leather, Hides, and Linen yarn, which are specially restrained with●● each Country, not to be transported from the one to the other: Excepting also and reserving to the Scottish men their trade of fishing within their Loches, Forthes, and Bays, within land; and in the Seas, within fourteen miles of the Coasts of the Realm of Scotland; where neither English men, nor any Strangers have used to fish: And so reciprocally in the point of fishing, on the behalf of England. All which exceptions, and restrictions are not to be understood, or mentioned in any sort, for a mark or note of separation, or disunion, but only as matters of policy and conveniency for the several estate of each Country. Furthermore it is agreed, Order for Customs. that all foreign Wares to be transported forth of Scotland to England, or out of England to Scotland by any of the King's subjects of either Kingdoms, having at their first entry once paid custom in either of the Kingdoms, shall not pay outward custom therein afterwards, save only inward custom at that Port whereunto they shall be transported: But the owner of the Goods, or the Factor, or Master of the ship, shall give bond not to transport the same into any foreign part. It is also agreed, Scots may be associated in English Companies. that Scottish men shall not be debarred from being associates unto any English company of Merchants as Merchant-venturers or others, upon such conditions as any English man may be admitted, and so reciprocally for English men in Scotland. It is nevertheless agreed by mutual consent and so to be understood, Order for transportation. that the mutual liberty aforesaid of Exportation and Trade in each part from the one to the other, shall serve for the inward use only of either Realm; and order taken for restraining and prohibiting the transportation of the said Commodities into foreign parts, and for due punishment of those that shall transgress in that behalf. And for the better assurance and caution herein, It is agreed that every Merchant so offending, shall forfeit his Goods; The Ships wherein the said Goods shall be transported Consiscated; The Customers, Searchers, and other Officers of the Custom whatsoever, in case of consent or knowledge on their part, Punishment of such as shall transgress. to lose their Offices and Goods, and their bodies to be imprisoned at his Majesty's pleasure. Of which escheats and forfeitures, two parts shall appertain to his Majesty, if the Customs be unfarmed, and the third to the Informer: and if the Customs be farmed, one third of the forfeiture shall belong to his Majesty, a third to the farmers of the Customs, and the other third to the Informer. The trial of the offence to be summar in either Country in the Exchequer Chamber by writ, sufficient witnesses, or oath of party, or before the Justice by Jury, or Affise, and his Majesty's Officers in either Country to convene with the Complainers that interest in the pursuit. As also for the more surety that there shall be no transportation of such Goods; Caution to be given by the owners and Masters of Ships. It is agreed that at the shipping of all such Native Commodities there be taken by the Customer of the Port where the Goods or Wares are embarked, a Bond or Obligation subscribed by the Owner of the said Goods, and Master of the Ship; by the Owner if he be present, and in case of his absence by the Master of the Ship, and Factor or party that ladeth the same; which Bond shall contain a sum of money answerable to the value of the Goods, with condition of relieving the party obliged, and discharging him of the said Bond in case return be made of a due certificate to the Custom where the Goods were laden, from any part within England or Scotland: The Certificate to be subscribed, and sealed by the Officers of the Customs of the part where the said Goods shall arrive, and be unladened; or if there be no such Officers there, by the Chief Magistrate, and Town Clerk of that Harbour or Town, under their hand and Seal. It is further agreed touching the indifferent freighting of Comoditieses either in English or Scotish bottoms, Indifferency of freighting. that English men and Scotish men fraight and laden their goods each in others Sh●ps and bottoms indifferently, paying only English & Scotish custom, notwithstanding any contrary laws or prohibitions. And that a proposition be made to the Parliament of England for establi●ing some good orders for upholding and maintaining the great fishing of England; as likewise that a proposition be made to the Parliament of Scotland for the making of their shipping more proportionable in burden to the shipping of England, the better to serve for equality of trade, and a common defence for the whole Isle. And because it is requisite that the mutual communication aforesaid be not only extended to matter of commerce, Po●●nati declared free. but to all other benefits and privileges of natural born subjects, it is agreed that an Act be proponed to be passed in manner following: That all the subjects of both realms born since the decease of the late Queen, and that shall be born hereafter under the obedience of his Majesty and of his Royal Progeny, are by the Common laws of both realms, and shall be for ever enabled to obtain, succeed, inherit and possess all goods, lands and cattles, honours, dignities, offices, liberties, privileges, and benefices Ecclesiastical or Civil in Parliament and all other places of the kingdoms, & every one of the same, in all respects and without any exception whatsoever, as fully and amply as the subjects of either realm respectively might have done, or may do in any sort within the kingdom where they are born. Further whereas his Majesty out of his great judgement and providence hath not only professed in public and private speech to the Nobility, and Council of both, but hath also vouchsafed to be contented that for a more full satisfaction and comfort of all his loving subjects, it may be comprised in the said Act, that his Majesty meaneth not to confer any office of the Crown, any office of Judicature, place, voice, Exception for Offices of the Crown. or office in Parliament of either kingdom upon the subjects of the other born before the decease of the late Queen, until time and conversation have increased & accomplished an union of the said kingdoms, as well in the hearts of all the people and in the conformity of laws and policies in these kingdoms, as in the knowledge and sufficiency of particular men, who being untimely employed in such authorities could no way be able, much less acceptable to discharge such duties belonging to them. It is therefore resolved by us the Commissioners aforesaid not only in regard of our desires and endeavours to further the speedy conclusion of this happy work intended, but also as a testimony of our love and thankfulness for his gracious promise, on whose sincerity and benignity we build our full assurance, even according to the inward sense and feeling of our own loyal and hearty affections, to obey and please him in all things worthy the subjects of so worthy a Sovereign, that it shall be desired of both the Parliaments, to be enacted by their authority, that all the subjects of both realms, born before the decease of the late Queen, may be enabled and capable to acquire, purchase, inherit, succeed, use and dispose of all lands, goods, inheritances, offices, honours, dignities, liberties, privileges, immunities, benefices and preferments whatsoever, each subject in either kingdom, with the same freedom and as lawfully and peaceably as the very natural and born subjects of either realm, where the said rights, estates or profits are established: notwithstanding whatsoever law, statute, or former constitutions heretofore in force to the contrary other ●en to acquire, possess, succeed or inherit any office of the Crown, office of Judicatory or any voice, place or office in Parliament, all which shall remain free from being claimed, held or enjoyed by the subjects with the one kingdom within the other, born before the decease of the late Queen, notwithstanding any words, sense or interception of the Act, or any circumstance thereupon depending, until there be such a perfect and full accomplishment of the union as is desired mutually by both the realms. In all which points of reservation either in recital of the words of his Majesty's sacred promise, or in any clause or sentence before specified from enabling them to any of the aforesaid places, or dignities; it hath been and ever shall be so far from the thoughts of any of us, Reservation of his Majesty's Prerogative. to presume to alter or impair his Majesty's Prerogative royal (who contrariwise do all with comfort and confidence depend herein upon the gracious assurance which his Majesty is pleased to give in the declaration of his so just and Princely care and favour to all his people) as for a further laying open of our clear and dutiful intentions towards his Majesty in this and in all things else which may concern his prerogative, we do also herein. profess and declare that we think it fit there be inserted in the Act, to be proponed and passed, in express terms a sufficient reservation of his Majesty's Prerogative royal to denizate, enable and prefer to such offices, honours, dignities and benefices whatsoever in both the said kingdoms and either of them, as are heretofore excepted in the preceding reservation of all English and Scottish subjects born before the decease of the late Queen, as freely, sovereignly, and absolutely, as any of his Majesty's most noble progenitors or predecessors Kings of England or Scotland, might have done at any time heretofore, and to all other intents and purposes in as ample manner as no such Act had ever been thought of or mentioned. And for as much as the several jurisdictions and administrations of either realm may be abused by malefactors, Remanding of malefactors. by their own impunity, if they shall commit any offence in the one realm and afterwards remove their person and abode unto the other; It is agreed that there may be some fit course advised of by the wisdoms of the Parliaments for trial and proceeding against the persons of offenders remaining in the one realm for and concerning the crimes and faults committed in the other realm. And yet nevertheless that it may be lawful for the Justice of the realm where the fact is committed, to remand the offendor remaining in the other realm to be answerable unto justice in the same realm where the fact was committed, and that upon such remand made the offender shall be accordingly delivered, and all further proceeding if any be in the other realm shall cease, so as it may be done without prejudice to his Majesty or other Lords in their Escheats, and forfeitures: with provision nevertheless, that this be not thought necessary to be made for all criminal offences, but in special cases only, as namely in the cases of wilful murder, falsifying of moneys, and forging of Deeds, Instruments, and writings, and such other like cases as upon further advice in the said Parliaments may be thought fit to be added. These were the Articles agreed upon, A scroll of the Articles presented to the King. which written in their several scrolls of Parchment were subscribed and sealed at Westminster the sixth of December by the Commissioners of both Parliaments, and one thereof presented the same evening to his Majesty by the Earl of Salisbury, who in name of the whole number there present having showed what pains they had taken in that business, and how after many conferences they were grown to the resolution contained in that scroll, besought his Majesty to accept graciously that which was done, and made offer of their best service in perfecting that work as they should be employed. The king professing a great content did specially thank them for reserving his Prerogative, The King's speech to the Commissioners in the preferment of men to offices and honours, in either kingdom: for inequality, said he, of liberties and privileges is not the way to effect the union I desire; capacity of offices ought to be equal to both people; but the moderation of that equality must be left to me, neither you to suspect that I will offer any manner of grievance to either of the Countries, or do any thing that may kindle emulation among them, considering the desire I have to see you united in a fast and indissolveable amity. This said, he recommended the prosecution of that business in the several Parliaments to their fidelity and trust; wishing them to lay aside all jealousies, needless fears and other worse passions in a matter that so nearly concerned the good and benefit of both kingdoms. Some months before the King had assumed by virtue of his Prerogative the title of The King of great Britain, The title of great Britain assumed. commanding the same to be used from thenceforth in all Proclamations, Missives and Treaties, and the names of England and Scotland to be discontinued (except in instruments of private parties, and where legality of process would not admit the same:) this same in both kingdoms took ill, but his Majesty esteeming those names whereby they had been called no better than names of hostility, would needs have the ancient name of Britain received, and these of Scotland and England abolished. In like manner he did prohibit the name of the borders to be used, and ordained all places of strength in these parts (the houses of Noblemen and Barons excepted) to be demolished, their Iron gates to be turned into Blow Irons, and the inhabitants to betake themselves to labour and the exercises of peace; for the same purpose he did break the Garrisons at Barwick and Carlisle. And in memory of the union so happily begun made divers pieces of gold and silver to be coined, Pieces of gold and silver coined. upon some whereof were engraven these inscriptions: Quae Deus conjunxit nemo separet; and, Tueatur unita Deus. On others, Faciam eos in gentem unam; and, Henricus rosas, Regna jacobus. During this conference the Lord Fivie Precedent of the Session supplied the place of the Scottish Chancellor, The Earl of Montrosse made Commissioner of the kingdom and was shortly after preferred to the same office by the Earl of Montross his dismission, who in stead thereof was made Commissioner and deputy of Scotland during life; Secretary Elphingston was chosen Precedent of the Session, and all affairs trusted by his Majesty to the Chancellor and him; with a special direction that they should be assisting to the Church, The Lord Fi●● received Chancellor. and maintain those whom his Majesty had preferred in the places of Bishops in the same. How they answered the trust committed to them in this particular, we shall hear. But leaving the matter of State let us now see how things went at that time in the Church. An. 1605. The general Assembly that should have kept at Aberdene in july 1604, The general Assembly continued. was continued because of the union to the same month in the year following. The King being informed of a great preparation that the Ministers made for keeping that meeting, and that they intended to call in question all the conclusions taken in former Assemblies for the Episcopal government, directed the Commissioners of the Church to desert the Diet, and make no indiction of another till he should be advertised. They accordingly did intimate his Majesty's pleasure to all the Presbyters, and therewith as they were desired declare that his Majesty did purpose to call a number of the Bishops and disaffected Ministers to court; and for preventing such disorderly meeting, hear the differences that were among them debated in his own person. The greater part resolved to obey; nine Presbyteries only of Fifty (so many there are reckoned in the whole kingdom) sent their Commissioners to keep the meeting. The chief leaders of this stir was Mr. john Forbes Minister of Awford, A number convene notwithstanding the discharge. and Mr. john Welch Minister at Air. These two having encouragement given them in private by some principally in the State, used all means to bring the Ministers together, & were in expectation of a frequétassembly; yet when the day appointed came, there convened thirteen only, and after some two or three days seven or eight more. The names of the Ministers that convened were Mr. Charles Farum Minister of Fraserburgh, The names of them convened. Mr. Robert Youngson Minister at Clat, Mr. james Mill Minister at lnnerury, Mr. Alexander Straughen Minister at Creich, Mr. David Robertson Minister at Feterangus, Mr. Robert Rid Minister at Mr. james Irwyn Minister at Towch, Mr. john Monro Subdean at Rosse, Mr. William Forbes Minister at Rinbethock, Mr. William Davidson Minister at Ruthven, Mr. Thomas Abernethy Minister at Hawick, Mr. james Grey Minister at L●wdon, Mr. Nathaniel Ingly Minister at Craggy, Mr. james Rosse and Mr. Archbold Blackburn Minister at Aberdene, john Rosse Minister at Blare, Mr. john Sharp Minister at Kilmeny, Mr. Andrew Duncan Minister at Cruill, Mr. Robert Dury Minister at Anstruther, with the said Mr. john Forbes and Mr. john Welch. Sir. Alexander Straiton of Lowreston, Commissioner for his Majesty in Church affairs, upon a rumour he heard of a meeting to be kept, left any imputation of negligence should be laid on him, The King's Commissioner dischargeth the meeting. prevented the same. And by letters he had obtained from the secret Council caused discharge the Assembly at the market Cross of Aberdene: they nevertheless convened the next day, which being reported to the Commissioner, he went to the place and in his Majesty's name commanded to dissolve. They replying, That they were warranted by the laws of the Country, and that they could not betray the liberties of the Church by giving way to such unlawful prohibitions. He showed them that the liberty granted for keeping Assemblies could not annul his Majesty's power, nor denude him of his Prerogative in the continuing or discharging these meetings, when he should find cause: For even the Parliament which is the highest Court of the kingdom, said he, is disposed as the King thinketh meet, at his pleasure it is called, prorogued, dismissed and deserted, as he judgeth most convenient. And you will not I trust equal your Assemblies to the Parliament of the three Estates. Besides, you are not a number, you want the ordinary Clerk; neither is the Moderator of the last Assembly present, and can do nothing orderly. After a little debating they request him to remove till they should del berate among themselves what were best for them to do, but he was no sooner gone but then they choose Mr. John Forbes Moderator, and that done continued the Assembly to the last day of September, The Ministers denounced and cited by the council for their disobedience. thinking by this means to preserve their liberty. Lowreston finding himself in this abused, caused to execute the letters and denounced them Rebels. And left they should make a new business in September complained to the Council of the disobedience given to their charge: order was taken hereupon to summon them before the Council, and a beginning made with the two Leaders of the rest, Mr. Forbes and Mr. Welch, being charged to a certain day of the same month. They appeared and standing to the defence of that which they had done were committed to the Castle of Blackness; direction was likewise given for citing the rest to the third of October. Some confess their fault and are pardoned At the day all appeared, and being charged for disobeying his Majesty's letter thirteen of the number acknowledging their offence, and protesting that what they did was not out of disobedience, O●hers maintain their meeting and are Committed entreated the Lords to intercede with his Majesty for their Pardon: the rest taking contrary course, and maintaining their proceedings were Committed to several prisoners; their names were, Mr. Charles Farum, Mr. john Monro, Mr. james Irwyn, Mr. William Forbes, Mr. Nathaniel Inglis, Mr. Andrew Duncan, Mr. james Grey, and Mr. john Sharp: Some of these being sent to Dunbarton, others to Blackness, and some to the Castle of Down; the others that had confessed their offence were dimitted & suffered to return to their charges. These proceedings of the Council were openly condemned by divers preachers; The proceeding of the Council condemned by the Ministry. and to make them more odious, it was every where given out that the suppressing of Assemblies and present discipline with the introduction of the rites of England, were the matters intended to be established, whereupon the declaration following was by his Majesties command published. Whereas we have ever since it pleased God to establish us in the imperial Crown of great Britain equally regarded the good of both kingdoms, His Majesty's Declaration touching some rumours dispersed. now happily united in our royal person in one Monarchy, ever minding to maintain and continue the good and laudable customs and laws, whereby each of them hath been these many ages so worthily governed, nevertheless some malicious spirits, enemies to common tranquillity, have laboured to possess the minds of our well affected subjects with an opinion that we do presently intend a change of the authorized discipline of the Church, and by a sudden and unseasonable laying on of the rites, ceremonies and whole Ecclesiastical order established in this part of our kingdom of Britain, to overturn the former government received in these parts; which none of our good subjects we trust will be so credulous 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 then in any of our predecessors times, and many abuses and corruptions in the discipline of the Church amended that otherwise might have brought the purity of Religion in extreme danger; neither of which was done by our sovereign and absolute authority (although we enjoy the same as freely as any King or Monarch of 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 greatest interest therein. And however in rule of policy we cannot but judge it convenient, The King his resolution in making no sudden change in the Church policy. that two estates so miserably disjoined should be drawn to as great conformity in all things, as the good of both may permit; and that no Monarchy either in Civil or Ecclesiastical policy hath yet obtained to that perfection, that it needs no reformation, or that infinite occasions may not arise, whereupon wise Princes will foresee for the benefit of their estates just cause of alteration; yet are we, and ever have been resolved not to make any sudden and hasty change in the government of that part of our kingdom either Civil or Ecclesiastical, but with grave advice and consent of our Estates, and the wisest and best sort of them whom it most properly concerns, much less to trouble them with an unnecessary alteration of indifferent and ceremonial matters, and to do it upon such foreseen advantages and prevention of confusion and evil to come, as the greatest enemies to peace and obedience to Princes shall not obtrude any inconvenient to the contrary. And as by God's holy assistance we have drawn that part of our kingdom out of infinite troubles, factions and barbarities reducing the utmost borders and confines thereof to God's obedience and acknowledging of our laws, (a condition never heard of since this Isle was first inhabited) so by the same divine providence and our fatherly care over the whole Island, we intent to transmit the same in good order, happy quietness and flourishing policy to the posterity wherewith God hath blessed us, and after them to the world's end: Like as for the more verification of his own honourable intention, and to stop the mouths of those unquiet spirits, raisers of that false scandal of alteration, we have appointed a general Assembly to be holden at Dundie the last Tuesday of july, whereat we expect a reparation of these disorders in as far as belongeth to their censure, and to be freed in time coming of all such calumnies. Given at our Honour of Hampton Court the 26 of September 1605, and in the third year of our reign of Great Britain, France and Ireland. The Copies of this Declaration were sent to the Ministers remaining in ward, that they might see the vanity of these rumours, and be induced to acknowledge their offence; but they still continuing in their obstinacy, and showing no tokens of penitency, were again called before the Council the 24th of October to receive their censure for the disobedience of his Majesty's commandments. At which time being enquired what they had to say for themselves, and how they could excuse the contempt of his Majesty's directions; after some speeches tending to justify their doings, they presented a write, a Declaration form in this sort: Please your Lordships, the approbation or disallowance of a General Assembly hath been, The form of their Declinatour. and should be a matter spiritual, and always cognosced and judged by the Church as judges, competent within this Realm: and seeing we are called before your Lordships to hear and see it found and declared, that we have contemptuously and seditiously convened and assembled ourselves in a General Assembly at Aberdene the first Tuesday of July●ast ●ast, and the said Assembly to be declared unlawful, as at more length is contained in the summons executed against us; We in consideration of the premises and other reasons to be given by us, have just cause to decline your Lordship's judgement as no ways competent in the cause above specified, and by these presents we simpliciter decline the same, seeing we are most willing to submit ourselves to a trial of a General Assembly that is only the judge competent. Subscribed with our hands the 24th of October, 1605. The subscribers were, Mr. john Forbes, Mr. john Welch, Mr. john Monro, Mr. Andrew Duncan, Mr. Alexander Straghan, Mr. james Greg, Mr. William Forbes, Mr. Nathaniel English, Mr. Charles Farum, Mr. james Irwyn, Mr. john Sharp, Mr. Robert Dury, Mr. john Rosse, and Mr. Robert Youngson. The last of these was one that had acknowledged his offence and craved pardon, yet at this Diet compeired with these others, professing, The Assembly declared unlawful. That he was troubled in conscience for the confession he had made, and that he would now take part with the brethren, who stood to the defence of the good cause, as he termed it. The Council repelling the Declinatour, declared the Assembly to have been unlawful, and those that met in the same contrary to his Majesties command punishable. But because they had added to their former fault, the crime of Treason, it was thought meet to defer the Censure till the King should be acquainted therewith, and his pleasure known. No sooner was his Majesty advertised of the Declinatour, Some of the Ministers pursued criminally. than direction was sent to the Council for proceeding against them according to the laws: whereupon the six that were imprisoned in Blackness, (that is to say) Mr. john Forbes, Mr. john Welch, Mr. Andrew Duncan, Mr. john Sharp, Mr. Robert Dury, and Mr. Alexander Straghan, were upon the tenth of january thereafter brought to the Town of Linlithgow, and presented upon Pannell before the Justice, who was assisted by a number of Noblemen and others of the Privy Council. The Indictment made, The Indictment. which was grounded upon the Statute of Parliament holden in May 1584. touching his Majesty's Royal Power over all Estates, and the presumptuous fact committed by them in declining the judgement of the Council; Certain of their brethren did supplicate the Justice for licence to confer with them apart, that they might persuade them to an humble submission and acknowledgement of their offence. This obtained, they were most earnestly dealt with (as well by their Brethren as by the Advocates that came to plead for them) to relinquish their wilfulness, and not to exasperate the King by standing to the defence of their Declinatour; but no persuasions could avail. So returning to the Bar they were desired to answer, and show a reason (if any they had) why the matter should not pass the trial of a Jury. The Advocates that stayed with them (for the two principals refused to plead because of their obstinacy) excepting against the Indictment, Exception proponed by the Advocates. said that the Statute 1592. Whereby it was declared, That the Act made against declining of the Counsels judgement should not derogate any thing from the privileges which God had given to the spiritual office-bearers in the Church concerning heads of Religion in matters of heresy, collation and deprivation of Ministers, or any such essential censures, having warrant of the word of God; and that thereupon inferred that their meeting at the time libelled in Aberdene being an essential censure warranted by God's word, they might lawfully have declined the Counsels judgement from taking cognition therein. It was answered by his Majesty's Advocate, The Reply to the Exception▪ That the exception was naught, because the keeping of an Assembly at a certain time and place, and the appointing of another contrary to his Majesty's direction and the charge of the Council, was neither a head of Religion, nor matter of heresy, nor excommunication, nor an essential censure, and so being no ways comprehended under that limitation, their declining of the Council when as they were called to answer for the keeping of that Conventicle in the Town of Aberdene, must of necessity come under the generality of the Statute 1584., and bring them under the punishment of Treason. The matter after some dispute being put to trial of an Assize, The Ministers found guilty of Treason. all the six were found guilty of Treason, and returned to their several prisons till his Majesty's pleasure concerning their punishment should be certified; what this was, in the story of the next year shall be declared. Mean while a Proclamation went out, discharging all the subjects of what rank, A Proclamation that none should oppose the decision of the Justice. place, call, function, or condition soever, either in public or private, to call in question his Majesty's authority Royal, or the lawfulness of the proceeding against the said Ministers, or to make any other construction of the Statute concerning the declining of his Majesties and the Counsels judgement, then made in that decision of the Justice; with certification of those that contravened, that they should be called and severely punished as seditious persons and wilful contemners of his Majesty's most just and lawful government. Before these stirs in the Church a Convention of the Estates was kept the sixth of june at Edinburgh, A Convention of Estates. where a Letter was presented by his Majesty to the Estates full of affection. His Majesty's Letter directed to the Estates. The Letter was to this effect, That his Majesty's love being nothing diminished through his absence towards that his native and ancient Kingdom, he did wish them to contend in a laudable emulation who should live most virtuously, and be most obedient to the laws; That the Nobility should give assistance to the execution of justice, and be in all things a good ensample to their inferiors: The Barons should set themselves to procure the good of the Kingdom: And the Burgesses apply their minds to the increase of trade, especially the trade of fishing, which had been long neglected, and to the working of cloth that had made their neighbour Country so famous. To them all be recommended the rooting forth of barbarity, the planting of Colonies in the Isles, and peopling the same with civil and industrious persons, assuring them that they so behaving themselves, their liberty should be as dear to him as either his life or estate. This was the substance of the Letter, The Acts passed in the Convention. which the Chancellor having resumed, and thereunto added many persuasions for the following of those wholesome and profitable counsels, the Estates did express a great forwardness that way, and after a long deliberation condescended upon divers good Acts, which if they had been all carefully put in practice, as they were wisely devised, the Kingdom had long before this time tried the benefit thereof. Amongst other directions, the removing of the barbarous feuds was recommended to the Council, whereof they were desired to make a Roll and urge the parties to reconcile, and if they refused, then to assure them to the peace, and commit them to ward till the same was secured. And whereas the custom had been to cause parties assure one another, the King did prohibit the same as a thing dishonourable and arguing too great presumption in the subject, seeing the Law should be to every man a sufficient assurance. The Council reverencing his Majesty's direction, did ordain that course from thenceforth to be observed, and all assurances to be taken for the peace thereafter, and not of one party to another: Beginning being made with the Lord Maxwell, and the Lord of johnston, they were moved to join hands and reconcile in presence of the Council. This Summer the enterprise of the Lewes was again set on foot by Robert Lummisdale of Ardrie and Sir George Hay of Netherliffe, to whom some of the first undertakers had made over their right. In August they took journey thither, and by the assistance of Mackey Mackenzie and Donold Gorum forced the Inhabitants to remove forth of the Isle, and give surety not to return. Ardrie and his Copartners thinking all made sure, and that there was no more danger, returned South about Martinmas, leaving some Companies to maintain their possession, which they made good all that Winter, though now and then they were assaulted by the Isles-men. In the Spring Ardrie went back taking with him fresh provision, and fell to build and manure the lands. But this continued not long, for moneys failing, the workmen went away, and the Companies diminishing daily, the Natives having associated a number of Isles-men made a new invasion about the end of harvest, and by continual incursions so outwearied the new possessors, as they gave over the enterprise, and were contented for a little sum of money to make away their rights to the Laird of Mackenzie. This turned to the ruin of divers of the undertakers, who were exhausted in means before they took the enterprise in hand, and had not the power which was required in a business of that importance. In the end of the year a horrible Conspiracy was detected against the King, The history of the Powder Treason. and the whole body of the State of England; the names of the Conspirators were Robert Catesby, Thomas Percy, Thomas Winter, john Wright, and Guido Faulks, English men all, and Papists by profession. These five meeting together and consulting by what mean they might best relieve the Catholic Cause, (so they spoke) Thomas Percy proponed the kill of the King, and at his own peril made offer to perform the same. Catesby, who had another plot in his head, answered, That they would not hazard him so, and that albeit it should succeed, the case of the Catholic cause would be no better, the Prince and Duke of York being left alive; yea if both these were cast away, yet the Counsellors, Nobility, Judges, Knights, and a great many others addicted to Religion, would be remaining who should be able enough to restore the estate, and cross all their purposes: That therefore he had bethought himself of a better and more safe way, which was at one time, and with one blow to cut off all their enemies. This he said was by blowing up the Parliament house with gunpowder at the time when the King and Estates were assembled. The Jesuits approve of the enterprise. The advice pleased them all; but first it was thought meet to ask the opinion of their ghostly Fathers, and be informed of the lawfulness of the fact; as of Henry Garnet, Oswould Tesmond alias Greenwall, and john Gerard Jesuits, who being consulted commended the enterprise, assuring them they might go on with a good conscience and perform the deed, seeing they were Heretics, and persons ipso jure excommunicated against whom they were set. This resolution satisfying their consciences, The Conspirers swear secrecy. for their greater security they took an Oath of Secrecy, swearing each to other by the sacred Trinity and the blessed Sacrament they were at that time to receive, that neither directly nor indirectly, by word or circumstances they should discover the purpose they had taken to any whomsoever, nor should desert from performing the same without licence of their associates. This Oath was given upon a Primer in the presence of Gerard the Jesuit, and having heard Mass and received the Sacrament, Thomas Percy was appointed to hire a house nigh adjoining to the Parliament for the more safe and secret working of the mine. This being obtained, A Cellar hired for the mine. yet with difficulty enough, they entered to work, and after divers intermissions because of proroguing the Parliament, when they had brought the mine to the midst of the wall, they found the opportunity of a Cellar under the Parliament house to be let, and leaving the mine, for that the wall was hard to be digged through, they hired the cellar, and put in it 36 barrels of powder, a number of billets, faggots, and a great quantity of coals, wherewith they covered the barrels. They had called in Christopher Wright, Robert Winter, john Grant, and Thomas Bates, Catesby's servant, and communicated the matter to them. This last was troubled at first with the cruelty of the plot, and had forsaken them if he had not been confirmed and encouraged by Tesmond the Jesuit to go with the rest. After these Ambrose Rockwood and Robert Keys were made of the Council, all taking the Oath of Secrecy, and receiving the sacrament upon the same: And because the charge in buying powder, billets, and hiring of houses had been a burden heavy for Thomas Percy, it was thought meet to bring in some more; whereupon Sir Edward Digby and Francis Tresham were assumed. All things being now as they judged made sure, A deliberation for the King's children. they began to think what course was fittest to take after the deed was performed. The first doubt was made touching the Prince and surprise of his person, or if he should accompany his Father to the Parliament, how they might seize upon the Duke of York his brother. But this Piercy undertook to do by reason of his acquaintance in the house, into which he could enter without suspicion, and how soon the blow was given carry him away by the help of such as he should have in a readiness to assist. Of the Lady Elizabeth they made small question, for that she was kept in the Country by the Lady Harrington near to Ashby, Catesby's dwelling house. The next doubt they proponed, Contribution for the enterprise. where they should have money and horses: and for this Digby made offer of fifteen hundred pounds English, Tresham two hundred, and Piercy promised to bring all he could gather of Northumberland Rents, which he thought would extend to four thousand pounds, and to provide ten horses for his part. Neither doubted they but having the Heir apparent in their hands they should find means sufficient. A third question they made, Catholics to be stopped from coming to the Parliament. what Lords they should save from going to the Parliament: which they agreed to be as many Catholics as conveniently they might. Fourthly, No foreign Princes to be acquainted therewith. it was moved among them what foreign Princes they should acquaint with the purpose, and whose aid they should seek. Concerning which it was agreed that none of them should be made privy to the plot; fearing they could not enjoin secrecy to Princes, and for aid after the deed performed there would be time enough to entreat the same either of Spain, or France, or the Country of Flanders. Lastly, because they saw no way to assure the Duke of York his person, Intention to proclaim Lady Elizabeth Queen. (for Piercy his undertaking they held unsure) they resolved to serve their turn with the Lady Elizabeth, and to proclaim her Queen: to which purpose they had a Proclamation form, wherein no mention was made of altering Religion because they had no forces sufficient, and till they might make good their party, they would not avow the deed to be theirs, but lay it so far as they could upon the Puritans. Now there remained nothing, The Conspiracy detected. all dangers being foreseen, and every thing provided, but the last act of the intended tragedy to be performed, when as that which was so secretly hatched came to be discovered after a wonderful manner: The Lord Monteagle son & heir to the Lord Morley, being in his lodging at seven of the clock at night, had a Letter given him by one of his footmen, who received the same upon the street from a person unknown, with a charge to put it in his Master's hand. The tenor whereof was as followeth: My Lord, OUt of the love I bear to some of your friends, The Letter sent to the Ld Mounteagle. I have a care of your preservation; therefore would I advise you as you tender your life to devise some excuse to shift off your attendance at this Parliament: for God and man have concurred to punish the wickedness of this time. Think not slightly of this advertisement, but retire yourself into your Country, where you may expect the event in safety: for though there be no appearance of any stir, yet I say, they shall receive a terrible blow in this Parliament, and shall not see who hurteth them. This counsel is not to be contemned, because it may do you good, and can do you no harm: for the danger is passed as soon as you have burnt the Letter; and I hope God will give you the grace to make good use of it, in whose holy protection I commit you. It was some ten days only before the Parliament that Monteagle received this Letter; The secrecy of so many very strange. and but twelve hours before the meeting of the Estates that the Plot was found out. Where it is a sort of wonder to think that so many being made privy to the conspiracy, the same should not have burst out one way or other in so long a time: For it was the eleventh of December 1604, when they began to work at the mine, and so the space of a year and more the conspiracy went concealed. Some advertisements were sent to the King and divers of his Majesty's Council from beyond sea, That the Papists were preparing to present a Petition for toleration of Religion at the meeting of the Parliament, which should be so well backed as the King would be loath to refuse it. But these advertisements were contemned, and thought to be invented for putting the King in fear. Yea, and the Nobleman when he received the Letter, not knowing what construction to make of it, doubted much that it had been a device to scare him from attending the Parliament; notthelesse out of his care of the King's preservation he resolved to communicate the same with the Earl of Salisbury his Majesty's principal Secretary; and going the same night to Whitehall delivered the Letter to him. The Secretary acquainting the Chamberlain, Admiral, and some others of the Council therewith, and examining every line thereof, resolved to show the same to the King at his return, (for he was then at hunting at Royston) and not to search further in the matter till they should hear what was his judgement. The King returning to London the Thursday after, which was All-hallows evening, the Letter was showed him the next day in the afternoon, who having read the same once or twice, said, That it was not to be contemned, and that the style seemed more quick and pithy then is used in libels, pasquils and the like. The Secretary perceiving the King to apprehend the matter more deeply than he expected told him, that the letter seemed to be written by a fool, or mad man, and pointing at the passage, the danger is past as soon as you have burnt the letter; said, that the warning was to little purpose if the burning of the letter might make the danger eschewed. But the King willing him to consider the former sentence, wherein it was said that they should receive a terrible blow at the Parliament, and not see who did hurt them, and when he should join that with the other, he should find it to be sudden danger, as by blowing up by Powder, that was thereby meant. Therefore willed all the rooms in the Parliament house to be searched both above and below, to prevent the danger if any there was. This belonging to the Chamberlain his office, he was desired to make the search, and for staying the idle rumours to delay his going to Monday in the afternoon the day before the first Session of Parliament. At which time the Chamberlain taking with him the Lord Mounteagle, who was careful to see what the warning given would prove, went and viewed all the rooms, where he perceived in the vault under the upper house great store of faggots, billets and coals, and ask the keeper of the guardrobe named Whinyard, to what use he had put those low Cellars (for they appertained to him) he answered, that Thomas Percy had hired the house and Cellar, and the billets and the coals were the Gentleman's provision for winter. The Chamberlain casting his eye aside, and espying a fellow in the corner of the vault, asked who he was, and received answer that he was Percies man who kept the house for his Master. Thus having looked upon all things in a careless manner as it appeared, he returned to the King, and made report of that he had seen: which increased his Majesty's first apprehension, and thereupon was order given for turning up those billets and coals even to the bottom; if nothing should be found, it was devised, that Whinyard should pretend the stealing of some of the King's stuff which he had in his keeping, and that made the colour of search. Sir Thomas Knevet Gentleman of his Majesty's privy Chamber and Justice of Peace within Westminster being appointed for this business, went thither with some few in company about midnight, and finding a man standing without doors in his clothes and boots, caused him to be apprehended. This was Guido Faulks, whose hand should have fired the train, and gave himself out for Percies man. Thereafter entering into the house he made the coals and billets to be turned up, under which they found 36 barrels of Powder more and less. Then turning to the fellow they had apprehended and questioning him touching the Powder, he did instantly confess, swearing, That if he had been within the house when they took him, he should have blown them up with the house and all. Sir Thomas taking the man a long went immediately to the place, and showed the Chamberlain and Secretary how he had sped; they making themselves ready and warning the Counsellors that lay within the Palace, went all together to his Majesty's Bed chamber. The King awake, the Chamberlain not able to conceal his joy, cried aloud, that the Treason was discovered, and the traitor in hands. The command was given to command the Council to examine the Prisoner touching his partakers, he nothing dejected nor moved a whit with so honourable a presence did boldly avow the fact, repenting only that he had failed in the execution, and saying, The devil envying the success of so good a work had discovered the same. All that day nothing could be drawn from him touching his complices, taking all the blame upon himself, and professing he had done it for Religion and Conscience sake. Speaking of the King he denied him to be his Sovereign, or anointed of God, in regard he was an heretic, and that it was no sin to cut him off. This was his behaviour at first, but being conveyed to the Tower and the Rack presented, he laid open the whole matter of conspiracy, and confessed the truth. There were in the City at that time Catesby, Percy, Tho: Winter, Francis Tresham, and the younger Wright, who hearing that all was disclosed made away to the Country appointing to meet the next morning at Dunchurch in Warwickshire Digbyes lodging. john Grant, with some Recusants that he had associated to himself, had broke up the same night a stable of Bourch a Rider of great horses, and carried away seven or eight belonging to certain Noblemen of the Country; for he did think the conspiracy had taken effect, and was preparing to surprise the Lady Elizabeth, whose residence was not far from the place. But within a few hours Catesby, Percy, and the others that were fled from London bringing assurance that all was failed, they resolved upon a public rebellion, and pretending the quarrel of Religion laboured to draw some companies together, yet when they had gathered all their forces they did not exceed fourscore in all. Sir Fulk Grevill Lieutenant deputy of Warwickshire hearing of the riot that Grant had committed, and apprehending it to be the beginning of a Rebellion sent to advertise the Towns about, and warned them to be on their guard. The Sheriffs of the County convening the people likewise in arms pursued them from shire to shire. Sir Richard Walch the Sheriff of Worcestershire having tried where they had taken harbour, sent a Trumpet and Messenger to command them to render unto him in his Majesty's name, promising to intercede for their lives. But they hearing their fault to be unpardonable returned answer, that he had need of better assistants than the numbers that accompanied him before he could either command or compel them. The Sheriff provoked by their arrogant answer prepared to assail the house. And they making defence it happened that a spark of fire falling among some powder, which they were drying, did kindle and blew up the same, wherewith their hands, faces and sides were sore scorched and burnt, as they lost courage, and opening the gate exposed themselves to the people's fury. Catesby, Percy, and Tho. Winter joining backs and resolving rather to die then to be taken, the two first were killed with one shot, the other after some wounds made prisoner, the two wright's were killed, Rockwood, Grant, Digby, and Bates were taken, Tresham had stayed at London, and changing his lodging thought to lurk till he he should find occasion to escape by sea, but was in end found out. So were Robert Winter and one Littleton, and all of them committed to the Tower of London. Being examined Thomas Winter ingenuously confessed all, setting down the particulars under his hand, and acknowledging the offence to be greater than could be forgotten. Digby excused the crime by the despair they were driven unto, having hopes given them at the King's first coming to the Crown that the Catholics should have the exercise of their Religion permitted, which being denied they had taken these wicked courses. Tresham in his confession named Garnet the Jesuit as privy to the conspiracy: but afterwards by his wife's instigation did deny it, affirming that he had wronged him, and not seen him once these sixteen years. Yet Garnet being apprehended some months after confessed that they met divers times within the last half year. Tresham died in the prison, the rest were put to the trial of a Jury, and condemned; Digby, Grant, Robert Winter, and Thomas Bates, were executed at the western gate of S. Paul's in the end of january; Thomas Winter, Ambrose Rockwood, Robert Keys and Guido Faulks who had wrought at the mine, suffered in like sort in the Court near the Parliament house. This was the end of that conspiracy, the like whereof in no man's memory hath been heard. We have heard of Kings treacherously killed, of practices against Estates and Commonwealths; but such a Monster of conspiracies (as Thuan calls it) no Country nor age did ever produce. The King, Queen, with their posterity, the Nobility, Clergy, Judges, Barons, Knights, Gentry and in a manner the whole kingdom to be in one moment all destroyed, was a wickedness beyond all expression, but blessed be God, this monster which was long in breeding, in the very birth was choked and smothered. The King giving meeting of the Parliament the same day that the conspiracy was discovered, made a long speech to the Estates, wherein having aggravated the danger by many circumstances, and greatly magnified the mercies of God in the discovery, when he came to the trial and punishment, was observed to keep a marvellous temper in his discourse, wishing no innocent person either foreign or domestic should receive blame or harm thereby: For however said he, the blind superstition of their errors in religion hath been the only motive of this desperate attempt, it must not be thought that all who profess the Roman Religion are guilty of the same: for as it is true (I keep his Majesties own words) that no other sect of Heretic (not excepting Turk, jew, or Pagan, nay not those of Calcutta that adore the Devil) did ever maintain by the grounds of their religion, that it was lawful and meritorious to murder Princes or people for the quarrel of religion; Yet it is as true on the other side, that many honest men blinded peradventure with some opinions of Popery, as if they be not sound in questions of Real presence, the number of the Sacraments, and some such school questions, do either not know, or not believe at least, all the true grounds of Popery, which is indeed the Mystery of iniquity, and therefore do we justly confess that many Papists, especially our forefathers, laying their only trust upon Christ and his merits, may be saved, detesting in that point and thinking that cruelty of Puritans worthy of fire that will admit no salvation to any Papists. And so concluding that part of his discourse, said, As upon the one part many honest men seduced with some errors of Popery, may yet remain good and faithful subjects, so upon the other part none of those that truly know and believe the whole grounds of Popery, can prove either good Christians or faithful subjects. The speech is to be seen amongst his Majesty's works, and is worthy the reading for wise directions given in that business. The news of this conspiracy were speedily advertised to the Council of Scotland, and a command given for a public thanksgiving in all the Churches for his Majesty's deliverance, but the cause was left to every man's conjecture (albeit the advertisement did bear expressly, that the contrivers were Papists, and their only quarrel Religion) This being told, to the King, and that one of the Privy Counsellors had said, that the conspiracy proceeded of a mere discontent the people had conceived at his Majesty's Government, he was mightily offended, and from that forth held his affection to his service continually suspected. Information was made at the same time, An. 1606. that some of the Ministers imprisoned at Blackness did blame the Chancellor for their meeting at Aberdene, offering that they had warrant from him to meet, and his promise that they should incur no danger for the same. The King to understand the truth thereof directed his servant Sir William Irwyn to inquire at the imprisoned Ministers, what dealing they had with the Chancellor in that business: their answer was, That a little before their meeting at Aberdene Mr. john Forbes, and Mr. john Welsh had sought his advice touching their convening and that he ask them what they intended to do; they answered, that fearing the establishment of Bishops they were to do their best for withstanding the same. And that he to encourage them did promise all the assistance he could give that way: which they took to be an allowance of their meeting. A letter hereupon was directed to certain of the Council to call the Ministers, and if they stood to their saying to hear what the Chancellor would answer. They maintaining that which they had said, and the Chancellor called to his Answer affirmed that he was entreated by them to oppose the restitution of Bishop's temporalities, which then was in working, promising that he should not be questioned for his Religion, which they understood to be Popish. This denied by the Ministers they fell in a sharp contest; which continued some space withwords not seemly on either part. The Ministers for clearing his approbation of their Assembly, did further allege that he had uttered so much to Mr. Walter Balcanquell and Mr. james Balfour Ministers at Edinburgh, who being examined touching their knowledge, Mr. Walter Balcanquel Balcanquell did affirm, That the Chancellor in private to himself had commended them for maintaining the liberty of the Church, which was not a little prejudiced as he said by the continuation of Assemblies from year to year. The same he was said to have spoken to Mr. james Balfour, but he excused himself by forgetfulness, saying he did not remember any such speeches. This report made to the King, he said, That none of the two deserved credit, and that he saw the Ministers would betray Religion rather than submit themselves to government: And that the Chancellor would betray the King for the malice he carried to the Bishops. By this contest always the Chancellor was made more tractable in the restitution of Bishop's temporalities, which he had strongly resisted unto that time; And in the Parliament kept at Perth, in the beginning of july showed a great desire to promote the same. This Parliament had been indicted to keep at Edinburgh in june preceding, and the Earl of Dunbar employed to see all matters carried therein to his Majesty's mind. The Chancellor (whether out of emulation to show his greatness, or that he feared some affront by the Earl of Dunbar) went on the streets accompanied with the Burgesses in great numbers, who otherwise then was their custom did walk with their swords. Dunbar taking this in ill part, yet dissembling his offence caused adjourn the Parliament to the first of july, and therewith presented a warrant for removing the same to the Town of Perth, which coming unlooked for, made the Burgesses forthink their doing. At Perth it happened the very first day the Lord Seaton and Alexander his brother to encounter the Earl of Glencarn in the Bridgegate, where drawing their weapons against others a great tumult was raised, which continued a certain space and disturbed the Council, that as then was sitting: the Lord Seaton being tried to have invaded the other, which he did for revenge of his uncle's slaughter, he was cited before the Council for troubling the Parliament; but leaving the town he went home, and for his not appearing was denounced Rebel. It was held an ominous beginning, and gave many to think that matters would not succeed well, but the Earl of Dunbar did so wisely and with so great care prevent every thing that was like to breed trouble, as all things were carried from that time forth in a most peaceable sort. There were attending in the town abundance of Ministers labouring all they could secretly to make some perturbation. The Earl calling them to his lodging did rebuke them sharply, saying, That it seemed strange to him, that they who had so often petitioned to have the Act of annexation dissolved should go about to hinder the same, now when the King was to do it in part, specially considering there was nothing to be moved in prejudice of their discipline. And that for removing the differences that were amongst them in that point, his Majesty had resolved, as they knew by the letters some of them had received, to call the most learned and discreet of both sides before himself, and have matters composed so far as might be to their content. More fitting, he said, it were for you to whom his Majesty hath addressed his letters, to have been preparing yourselves for the journey. And I should advise you for your own good, and the peace of the Church, not to write to the King any more, but rather study by your peaceable behaviour to procure favour to your brethren that are in trouble. With these speeches he did quiet them, and so the Parliament went on, and after some few days ended in great peace. In this Parliament divers good constitutions were made, but the two principal were the Acts of his Majesty's Prerogative; and the Act entitled, The restitution of the estate of Bishops, which title giveth many to mistake the truth of things, and think that before this time the estate of Bishops was overthrown and cast down, whereas the same was never so much as intended. Only by this Act the temporalities of Bishoprics, which by the Act of Annexation were made to belong to the Crown, were restored in regard it was seen, that the Bishops were disabled to attend their service in the Church and State by the want thereof. Soon after the Parliament dissolved such of the Clergy as his Majesty called to Court went together, of the one side went the Archbishops of S. Andrews and Glasgow, the Bishops of Orkney, Galloway, and Mr. james Nicolson who was destinate Bishop of Dunkeld, on the other part were Mr. Andrew Melvill, Mr. james Melvill, Mr. james Balfour, and Mr. William Watson, Mr. William Scot, Mr. john Carmichall, and Mr. Adam Colt. All these arriving at London about the beginning of Sept. had warning given them to attend the 20th of that month at Hampton Court. The King had appointed some of the Bishops of England to attend during the conference, and preach by course upon the subjects presented to them. Dr. Barlow Bishop of Lincoln began, taking for his text the 28 verse of the 20 chap. of the Acts, whereby he took occasion to prove out of the Scriptures and Fathers the supremacy of Bishops above Presbyters; and to show the inconveniencies of Parity in the Church; with the confusion arising from the same. Dr. Buckridge Bishop of Rochester took for his text the Precept of the Apostle, Omnis anima&c. Rom. 13. 1. where falling to speak of the King's supremacy in causes Ecclesiastical, he did handle that point both sound and learnedly to the satisfaction of all the hearers: only it grieved the Scots Ministers, to hear the Pope and Presbytery so often equalled in their opposition to sovereign Princes. Dr. Andrews Bishop of Chichester followed, who choosed for his text the first verses of the 10 chapter of Numbers, confirming thirdly the power of Kings in Convocating Synods and Counsels. The fourth was Dr. King Bishop of London, he took for his theme the 11 verse of the 8 chapter of Canticles, and thereupon discoursing of the Office of Presbyters did prove lay Elders to have no place nor office in the Church, and the late device to be without all warrant of Precept or example, either in Scripture or in Antiquity. This course his Majesty took as conceiving that some of the Ministers should be moved by force of reason to quit their opinions, and give place to the truth; but that seldom happeneth where the mind is prepossessed with prejudice either against person or matter. The first audience was at Hampton the 22 of September; at which besides the Bishops and Ministers from Scotland, were present the Earls of Dunbarre, Argile, Glencarne, Sir Thomas Hamilton Advocate, and Sir Alexander Straiton: Of the English Dr. Montague Dean of the Charpell was only admitted to stay: There the King declaring the purpose for which he had called them, spoke a few words to this effect: That having left the Church of Scotland in peace at his parting forth of it, he did now hear of great disturbances in the same; whereof he desired to understand the true cause, and to have their advice, how the same might best be removed. This being, said he, the errand in general for which I have called you, I should be glad to hear your opinions touching that meeting at Aberdene, where an handful of Ministers in contempt of my authority, and against the discharge given them did assemble; and though they were neither a sufficient number, nor the accustomed order kept, they would take upon them to call it a general Assembly, and have since proudly maintained it by declining my Council and such other means as they pleased to use. The rather I would hear your minds, because I am informed that divers Ministers do justify that meeting, and in their public preachings commend these brethren as persons distressed, which in effect is to proclaim me a tyrant and Persecutor. Mr. james Melvill answering first, Mr. james Melvills' answer in name of the rest. said, that there was no such discharge given to those Ministers that met at Aberdene, as was alleged, adjuring, Sir Alexander Straiton who was said to have given the charge, to declare in his Majesty's presence how that matter was carried. As to the absence of Moderator and Clerk, he said, that none of these were essential parts of an Assembly, and that the Moderator absenting himself of purpose and the Clerk refusing to serve, the brethren convened might lawfully create others in their places, so as the Ministers having warrant to convene from the word of God, and from his Majesty's laws, as also coming thither by direction of their Presbyteries, he could not in his conscience condemn them. Well then, His Majesty proponeth three questions to them. said the King, I shall desire you to answer me three things, that I will ask: First, if it be lawful to pray publicly for persons convicted by the lawful judge as persons being in distress, and afflicted? 2 Whether I may not being a Christian King, by my authority royal, convocate and prorogue, and desert for just and necessary causes known to myself any Assemblies or meetings within my Dominions? 3 Whether or not may I by my authority-call, and convene before me and my Council, whatsoever person, or persons, Civil, or Ecclesiastical, for whatsoever offences committed by them in whatsoever place within my Dominions, and if I may not take cognition of the offence, and give sontence therein? And further, whether or not are all my subjects being cited to answer before me and my Council, obliged to compeir and acknowledge me or them for judges in these offences? Mr. james answering, A time is desired by them and granted. said that the questions were weighty, and craved a great deliberation; wherefore he would humbly entreat his Majesty to grant them a time to confer and advise together, that they might all give one direct answer. This desire granted, they were commanded to advise and meet together that night, and be ready to answer the next day. The second audience. At this meeting the Earls of Salisbury and Northampton with divers of the English Clergy were present. The Ministers desiring to have the meeting more private, requested the Earl of Dumbarre to move the King therein, and that none but Scotsmen should be present; fearing (as they said) that some unseemly words might escape them. But this was denied, and they warned to speak with that respect which became subjects. It was believed that the King should have begun with the questions proponed in the former meeting, The Bishop's judgement of the meeting at Aberdene. but his Majesty taking another course, required them to declare one by one, their judgements touching Aberdene Assembly. The Bishops (being first asked) did all condemn the meeting as turbulent, factious, and unlawful. Mr. Andrew Melvill then being enquired made answer, Mr. Addrew Melvills answer touching the same. That he could not condemn the Assembly, being a private man; that he came into England upon his Majesty's letter, without any Commission from the Church of Scotland, and though he had Commission in dicta causa, and not hearing what they could say for themselves, he could not give his judgement; Sentence he said was given against them in a justice Court; how justly, he did remit that to the great Judge; but for himself he would say as our Saviour did in another case, Quis me constituit judicem? Mr. james Balfoure being next asked, Mr. james Balfour his answer. Did pray his Majesty not to press him with any answer, for that he knew nothing would be well taken, that proceeded from his mouth, and that Mr. Andrew had answered his mind sufficiently. Mr. james Melvill, Mr. Melvill his answer. without giving a direct answer, began to tell, That since● his coming to London he had received divers letters, and with them a Petition, that should have been presented to the late Parliament in behalf of the warded Ministers, which he was desired to offer unto his Majesty, and as he thought, the Petition would make all their minds known. The King taking the Petition and falling to read the same, willed the Advocate to go on and receive the answer of the rest. And as the Advocate was questioning Mr. William Scot and urging him with a distinct answer (for he used many circumlocutions, Mr. William Scot his answer interrupted by Mr. Andrew Melvill. according to the custom) Mr. Andrew Melvill in a great passion said, That he followed the instructions of Mr. John Hamilton his uncle, who had poisoned the North with his Papistry, and that he was now become 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Northampton ask what he meant by that speech? the King said, he calleth him, the much Devil: and then folding up the Petition, said, I see you are all set for maintaining that base Conventicle of Aberdene? But what answers have you to give to the questions I moved? It was answered, that they had conferred together, and finding them to concern the whole Church, they would not by their particular voices prejudge the same. But you will not I trust, said the King, call my authority in question, and subject the determination of the same to your Assemblies. This they said was far from their thoughts, but if his Majesty should be pleased to set down in writing what he required, they should labour to give him satisfaction. Thus were they dismissed for that time, The Ministers called before the Scottish Council. and being the next day called before the Scottish Council (for after this they were no more admitted to his Majesty's presence) they were enquired, whether they had in their public prayers prayed for the warded Ministers, as persons afflicted, and sufferers for God's cause? Some of them confessed that they had prayed for them, as persons in trouble, and distress: others, that they had commended them to God, but remembered not in what words. The 20 of October, they were again brought before the Scots Council, and had the three questions delivered to them in writing; which they were command●to answer severally: They are discharged to return into Scotland. mean while they were discharged to return into Scotland without his Majesty's licence, and prohibited to come towards the Queen and Princes Court. The Bishops and others of the Clergy that assisted them, were permitted to return. The conference breaking up in this sort, & matters made worse rather then better, The King's pleasure touching the warded Ministers. his Majesty's pleasure concerning the warded Ministers, which to this time had been delayed, was signified by two several letters to the Council and Justice. The letter to the Justice was as followeth; Whereas in our Justice Court holden at Linlithgow the 10 of january last, Mr. john Forbes Minister of Awford; Mr. john Welch Minister at Air; Mr. Robert Dury Minister at Anstruther; Mr. Andrew Duncan Minister at Crail; Mr. Alexander Straghan Minister at Crech; and Mr. john Sharp Minister at Kilmeny, were convicted of the crime of Treason for their contemptuous and treasonable declining the judgement of us and the Lords our secret Council; by a Declinatour subscribed with their hands and presented in judgement before the said Lords; and that the pronunciation of the doom was upon grave and weighty respects continued till our pleasure was declared; We now considering the great insolency committed by them, and how dangerous the example of such a fact may prove if it should go● unpunished, specially since we of our accustomed lenity have given to these declared Traitors more than sufficient time to have acknowledged their offence, and made suit for our pardon; and that yet nothing hath appeared in them but an obdured obstinacy, without any token of resipiscence: albeit the greatness of the offence in men of their function, whose actions should be patterns of duty and obedience to others, hath demerited most justly the extremity of punishment appointed by law: yet according to our wont clemency, being willing to dispense with the rigour of law at this time, The letter to the Justice prescriving the form of the sentence. and not to inflict the punishment of death upon them; Our will and pleasure is that you affix a Justice Court at Linlithgow, or any other place our Council shall appoint, the 23 of October, and then cause doom of punishment forth of our Dominions, during their natural lives to be pronounced against the said Traitors: After which you shall return them to their wards, there to remain for the space of a month, till they have made their preparations to depart; before the expiring whereof, if they do not depart wind and weather serving, or being departed shall return unto our Dominions without our licence, the ordinary death usually inflicted upon Traitors, shall be executed upon them. And because this our clemency extended towards these above named may perhaps move others to think, that for trespasses of this quality no greater rigour will hereafter be used; to remove all such conceits, and that notice may be taken of our full determination in the like case; you shall in open Court make intimation to all our liege's, That if any hereafter shall offend in such an high trespass, they shall be punished with all severity and the death due unto Traitors be inflicted upon them with all rigour, the example of this our present lenity not withstanding: And that it is our will you cause to be recorded in your books of Adjournall, and publication made thereof at the Market Cross of Edinburgh, and all other places needful. By the letter directed to the Council, Mr. Charles Farum was ordained to be confined in the Isle of Bute; A Letter from his Majesty to the Council. Mr. john Monroe in Kintire; Mr. Robert Yongson in the Isle of Arran; Mr. james Irwin in Orkney; Mr. William Forbes in Yeteland; Mr. james Grey in Cathnes; Mr. Nathaniel Inglis in Southerland; and Mr. john Rosse in Lewis. The Justice as he was commanded, did keep his Court at Linlithgow, and pronounced the sentence and doom in the manner prescribed; The sentence pronounced by the Justice. Messengers were also directed to charge the other Ministers to enter into the parts appointed for their confining, and not to exceed the same without licence, under pain of death. After which a Proclamation was made inhibiting all Ministers to recommend either in their sermons, or prayers, the persons so sentenced. And lest the jesuits, Seminary Priests, and others of their faction should presume of any oversight to be given to them because of these proceedings against the seditious Ministers, A Proclamation against Jesuits. they were in like sort commanded by Proclamation to depart forth of the Realm, and all the subjects inhibited to resset or entertain them, under the pain of his Majesty's displeasure. Mr. Andrew Melvill that would not be idle, Mr. Andrew Melvill committed to the Tower. and was still speaking against the Orders of the English Church, having dispersed some bitter and scornful verses against the Rites used in his Majesty's Chapel, which was brought to the King by one of the Chaplains, was called before the Council of England, and charged with the injuring of the State and Church: where in stead of acknowledging his offence, he behaved himself insolently; and more like a mad man, then Divine; for which he was committed in the Tower of London. There he remained three years and more, and afterwards upon the Duke of Bulloign his request, was sent to Sedan, where he lived in no great respect, and contracting the Gout lay almost bedfast to his death. Whilst I am writing this, The Observation of the Writer. there cometh to my mind the hard and uncharitable dealing that he and his faction used towards Patrick sometimes Archbishop of St. Andrew's, who not content to have persecuted that worthy man in his life, made him a long time after his death the subject of their sermons; interpreting the miseries whereunto he was brought, to be the judgement of God inflicted upon him for withstanding their courses of discipline. If now one should take the like liberty, and say, That God to whom the Bishop at his dying did commend his cause, had taken a revenge of him, who was the chief instrument of his trouble; it might be as probably spoken, and with some more likelihood then that which they blasted forth against the dead Bishop. But away with such rash and bold conceits, the love of God either to causes or persons is not to be measured by these external and outward accidents. But leaving this, the King being very desirous to have the Church quieted, An Assembly indicted at Linlithgow. and a solid and constant Order established for preventing the like offences, did call a general Assembly to meet at Linlithgow the 10 of December; and for the better ordering of business, directed the Earl of Dunbarre to attend the meeting. At the day many convened both Ministers and others. Of Ministers there were reckoned one hundred thirty six: of Noblemen, Barons, and others, thirty and three. Mr. james Nicolson elected to preside; the Earl of Dunbarre presented a letter from his Majesty to this effect; His Majesty's letter to the Assembly. That it was not unknown what pains he had taken whilst he lived amongst them, as well to root out Popery as to settle a good and perfect Order in the Church; and that notwithstanding of his care bestowed that way, he had been continually vexed by the jealousies of some perverse Ministers, who traducing his best actions gave out amongst the people, that all he went about, was to thrall the liberty of the Gospel. Neither content thus to have wronged him, they had in his absence factiously banded themselves against such of their brethren as had given their concurrence to the furtherance of his Majesty's just intentions, upon the knowledge whereof he did lately call the most calm and moderate, as he esteemed, of both sides unto his Court, thinking to have pacified matters and removed the divisions arisen in the Church; but matters not succeeding as he wished, he had taken purpose to convene them for setting down such rules as he hoped should prevent the like troubles in after times, which he had entrusted to his Commissioner the Earl of Dunbarre: willing them to consider what was most fitting for the peace of the Church, and to apply themselves to the obedience of his directions as they did expect his favour. After the reading of the letter the overture was presented, conceived in this form. An overture sent from his Majesty to the Assembly. That his Majesty apprehending the greatest causes of the misgovernment of Church affairs to be, that the same are often, and almost ordinarily committed to such as for lack of wisdom and experience are no way able to keep things in a good frame; for remedying this inconvenient, thinketh meet, that presently there be nominated in every Presbytery one of the most grave, godly, and of greatest authority, and experience, to have the care of the Presbytery where he remaineth, till the present jars and fire of dissension which is among the Ministry, and daily increaseth to the hindrance of the Gospel, be quenched and taken away; and the Noblemen professing Papistry within the Kingdom be either reduced to the profession of the truth, or then repressed by justice and a due execution of the laws; and for encouragement of the said Moderators, and the enabling them to the attendance of the Church affairs, his Majesty is graciously pleased to allow every of them one hundred pounds Scots or two hundred marks according to the quality of their Charge: but where the Bishops are resident, his Majesty will have them to moderate and preside in these meetings. As likewise because it often falleth out that matters cannot be decided in Presbyteries, by reason of the difficulties that arise, and that the Custom is to remit the decision thereof to the Synod of the Diocie; It is his Majesty's advice that the moderation of these Assemblies be committed to the Bishops, who shall be burdened with the delation of Papists, and solicitation of justice against those that will not be brought to obedience, in respect his Majesty hath bestowed on them places and means to bear out the charges and burdens of difficile and dangerous actions, which other Ministers cannot so well sustain, and undergo. This overture seeming to import a great alteration in the discipline was not well accepted of divers; Some brethren deputed undergo to consider the overture. but his Majesty's Commissioner having declared that it was so far from the King's purpose to make any change in the present Discipline, as he did not long for any thing more than to have it rightly settled and all these eyelists removed which had given him so just occasion of discontent; they desired a time to deliberate, and that a number of the most wise and learned might be selected to confer thereupon, and report their opinions to the Assembly. The brethren named in this conference, having debated every point at length, The overture embraced with some cautions. and considered the inconveniencies that might arise by the change, especially the usurpation that was feared, these constant Moderators should make upon their brethren, resolved that the overture proponed was not to be refused; so as certain cautions were added which were condescended to in manner following. First, Cautions for the constant Moderators. That the Moderators of Presbyteries and Provincial Assemblies should not presume to do any thing of themselves without the advice and consent of their brethren. 2 That they should use no further jurisdiction nor power then Moderators have been in use of, by the constitutions of the Church. 3 If it should happen the Moderatours to be absent at any time from these meetings, it should be in the power of Synods and Presbyteries to nominate another for moderating in their absence. 4 When the place of a Moderator in any Presbytery should be void, the election of one to succeed should be made by the whole Synod with consent of his Majesty's Commissioner. 5 If any of the Moderatours should depart this life betwixt Assemblies, it should be lawful to the Presbyteries to nominate one of the most grave and worthy of their number for the place, unto the meeting of the next Synod. 6 That the Moderatours of the Presbyteries should be subject to the trial and censure of the Synod; and in case they usurped any further power over the brethren, then is given them by the Assembly; the same should be a cause of deprivation from their Office of Moderation, and they deprived thereof by the said Synods. 7 In like manner the Moderator of the Provincial Assembly should be tried and censured by the general Assembly, and in case he was found remiss, or to have usurped any further power than the simple place of a Moderator he should be deprived therefore by the general Assembly. 8 That the Moderatours of every Presbytery and Synod with their Scribes should be astricted to be present at the general Assembly, and be reputed members thereof, by bringing with them the Registers of the Acts and proceedings in their meetings to be seen, that so their diligence and fidelity in their Charges might be known. 9 That it should be lawful to each Presbytery to send two or three Commissioners to the general Assembly, by and besides the Moderator and Scribe, if they should think it convenient. 10 That the Moderator of the general Assembly should be chosen by the voices of the whole Assembly, lights being first made and proponed, as in times passed. 11 That in the Synods where there is not a Bishop actually resident, the like light should be made of the Moderatours of the Presbyteries within these bounds, and one of them elected to moderate the same Assembly, so as his Majesty's Commissioners give their advice thereunto. And lastly, That the Rolls of Moderatours in every Presbytery should be examined, to see if there was any other of the number fit to use the said office, and that they whom this present. Assembly should nominate, to accept the said Moderation upon them without making any shift or excuse. These cautions being read in the full Assembly were approved of all, The cautions and overture approved. and the overture thereafter put to voices was allowed, and the same enacted as a conclusion of the whole Assembly, four only of the whole number disassenting; other four refusing to vote because they had no commission, as they pretended, from their Presbyteries, and two answering, Non liquet. This conclusion taken, the rolls of Ptesbyteries were called, and none found more sufficient than they who did presently moderate these meetings; whereupon an Ordinance was made, that they should continue in their Charges, and not be altered unless the Synod did make another choice. This business ended, A complaint of the Papists and their ininsolencie. a great complaint was made of the insolency of Papists, chiefly in the North parts, and of the superstitions used at the burials of the Lord Ogilvy, and Laird of Gight, who had deceased a few months before. The Marquis of Huntley being also returned lately from Court, had given out that he brought a Warrant from his Majesty to stay all Ecclesiastical proceedings against him, his Lady and family: by which reports those of the Roman profession were not a little encouraged, and were become open contemners of the Censures of the Church. These complaints being greatly taken to heart by the whole Assembly, it was concluded that a Petition should be preferred to his Majesty in all their names, Petition from the Assembly to his Majesty. for confining the Marquis of Huntley, the Earls of Angus and Arroll, with their Ladies, in some Cities and Towns where they might by the hearing of the Word, and conference with learned men be reduced from their errors, at least kept from doing harm, and from the perverting of others. To present this Petition and the Act of constant Moderators, choice was made of Mr. james Law Bishop of Orkney, and he dispatched to Court; which done, the Assembly broke up and dissolved with the good satisfaction of all. Nor was it long before the Kings answer returned in these particulars, His Majesty's answer. and first concerning the Marquis of Huntley, his Majesty declared, That he had obtained no Warrant for impeding the Church discipline, neither against himself, or any of his family; and that only (because he affirmed that he had kept all the injunctions prescrived, except that he had not communicated) the Council was desired after trial of his obedience in the rest of the particulars enjoined, to command the Presbyteries of the North to stay their proceedings against him for his not communicating, concerning which point he had certified the Marquis, that howsoever some space was granted to him for his better resolution, if he did persist in his errors, and would not be reclaimed, he would make no other reckoning of him then of one that studied to make himself the head of a faction, and rather root him out, An. 1607. then nourish him in his follies by a preposterous toleration. As to the confining of him, and the other Noblemen in the Cities and places set down in the Assemblies Petition, His Majesty's pleasure touching the Popish Noblemen. his Majesty did think it too rigorous, unless they were tried to have committed some offence deserving the same. Wherefore he would have them called before the Council, the Bishop of the Diocie, Moderator of the Presbytery, and the Minister of the Parish being present, and enquired concerning their behaviour, and whether they did resort or not ordinarily to Sermon; wherein if they should be tried to have transgressed, his pleasure was they should be confined within so many miles compass, as are distant betwixt the houses of their residence, and the City, wherein it was desired they should be confined to the end they may repair to their houses, when the necessity of their business requireth, and at other times resort to the City or Town designed for their instruction, where they should be tied to stay ten days together, and during their stay hear Sermons, admit conference, and forbear the company of Jesuits, Seminary Priests and others of that profession. And if it should happen them to have any business in Council or Session, that licence should be granted unto them for repairing thither during a certain a certain space, providing they did resort to the Church, and gave no scandal by their behaviour. For the superstitious rites used at the burial of the Lord Ogilvy and Gight, his Majesty's pleasure was, that their sons should be called before the Council and committed, but no sentence should be given till the whole circumstances were tried and notified to him. As touching the conclusion taken for the constant Moderators, Direction to the Council for constant Moderators. his Majesty 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 conscientious 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 these 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 Ministers of every Presbytery to acknowledge them that were nominated. The event justified his Majesty's opinion, for all the next year there was no matter that troubled the Council as that of the constant Moderator. The Synod of Perth discharged. The Synod of Perth convening in March thereafter, did in direct opposition of the Act concluded at Linlithgow inhibit all the Presbyteries within their bounds to acknowledge the conclusion taken in that meeting, and discharged Mr. Alexander Lindesay Parson of Simmedose, who was nominated by the Assembly Moderator of Perth, to exercise the said office under pain of the Censure of the Church. The Synod being cited before the Council for this presumption, was discharged to meet thereafter, and the Presbyteries within the bounds commanded under pain of Rebellion to accept their Moderators. In Fife the resistance was no less; The Synod of Fife discharged. for the Synod being continued twice, first from April to june, then from june to September, meeting at that time in Dysert, and pressed by the Lords, Lindesay Scone, and Halirudhouse, Commissioners from the Council, to accept the Archbishop of S. Andrews for their Moderator, did obstinately refuse, and dissolved without doing any thing; hereupon was that Synod likewise discharged, and all the burgh's inhibited to receive them, if perhaps they should reassemble after the Commissioners were gone. The Presbyteries of Mers were also very troublesome, and the Council so vexed with complaints of that kind, as not a day passed without some one or other. But all this opposition proved vain, and they in end forced to obey, did find by experience this settled course much better than their circular elections. A Commission came in this mean time for planting some learned and worthy person in the place of Mr. Andrew Melvill at S. Andrews. A Provest placed in the new College of S. Andrews. The Commission was directed to the Archbishop of Saint Andrews, the Bishops of Dunkeld, Rosse, and Birchen, the Lord Balmerinoch, the Advocate, the Laird of Balcomy, and Commissar of S. Andrews; who meeting in the new College the 16 of june, after the reading of his Majesty's Letter (whereby it was declared, That the said Mr. Andrew being judged by the Council of England to have trespassed in the highest sort against his Majesty, and for the same committed to the Tower till he should receive his just punishment, was no more to return to that charge) they according to the power given them, did proceed and make choice of Mr. Robert Howy to be Provost of the said College, ordaining him to be invested in the said office with all the immunities and privileges accustomed, which was accordingly performed in the july thereafter, and he entered to his Charge the 27 of that month. It remained that some course should be taken with the Ministers that were stayed at London, The Ministers permitted to return from London. as it was once purposed, were to be provided with some Livings in England; but that Church not liking to entertain such guests, they were all permitted to return home upon their promise to live obedient and peaceable. M. james Melvill was only retained, who lived a while confined at Newcastle, was after some months licenced to come to Berwick, where he deceased. A man of good learning, sober and modest, but so addicted to the courses of Mr. Andrew Melvill his Uncle, as by following him he lost the King's favour, which once he enjoyed in a good measure, and so made himself, and his labours unprofitable to the Church. Now let us see what happened in the Kingdom during this time: Alexander Lord Spiny killed. The King was ever seriously commending to the Council the removing of the barbarous feuds wherewith he had been so greatly troubled, divers whereof by their travels were this year agreed, yet new occasions daily arising they were kept in a continual business. David Lindesay younger of Edyell seeking to revenge the slaughter of his Uncle Mr. Walter Lindesay whom David Master of Crawford had killed, as he lay in wait of the said Master (who was then by the decease of his Father succeeded in the Earldom) through a pitiful mistake did invade Alexander Lord Spiny, and killed him in stead of the other. The Nobleman's death was much regretted for the many good parts he had, and the hopes his friends conceived that he should have raised again that noble and ancient house of Crawford to the former splendour and dignity, all which perished with him: he that was in place and escaped the peril being a base unworthy prodigal, and the undoer of all, that by the virtue of his Ancestors had been long kept together. Another business no less troublesome did also then happen betwixt the Earl of Morton and the Lord Maxwell for holding of Courts in Eskdale, Trouble betwixt the Earl of Morton and Lord Maxwell. unto which both did pretend right. The preparation on both sides was great, and like to have caused much unquietness, if the same had not been carefully prevented; both parties being charged by the Council to dissolve their forces, and not to come towards the bounds: the Earl of Morton obeyed, Maxwell contemning the charge went on, and by a cartel did appeal Morton to the combat: whereupon he was committed in the Castle of Edinburgh, Maxwell committed maketh an escape. and after some two months stay made an escape. No sooner found he himself at liberty, than he fell a plotting the Laird of johnstons' murder, which he wrought in a most treacherous manner; he pretending to use his friendship in obtaining his Majesty's pardon, employed Sir Robert Maxwell of Orchardtowne, whose Sister johnston had married, to draw on a meeting betwixt them, as he did; at a little hill called Achmanhill they did bring each of them one servant only as was agreed, the said Sir Robert being present as a friend to both. At meeting after they had courteously saluted one another, and conferred a little space very friendly, the two servants going aside, the one called Charles Maxwell a Brother of Kirkhouse, the other William johnston of Lockerby, Charles falleth in quarrelling, The Laird of johnston most treacherously killed by Maxwell. the other shooteth a pistol at him, the Laird of johnston making to part them, the Lord Maxwell shooteth him in the back with two bullets; whereupon he falleth, and for a while keeping off the Lord Maxwell who made to strike him with his sword, expired in the place; it was the 6th of April in the year 1608, that this happened. An. 1608. The fact was detested by all honest men, and the Gentleman's misfortune sore lamented, for he was a man full of wisdom and courage, and every way well inclined, and to have been by his too much confidence in this sort treacherously cut off, was a thing most pitiful. Maxwell ashamed of that he had done, forsook the Country, and had his estate forfeited; some years after stealing quietly into the Kingdom he was apprehended in the Country of Cathnes, and beheaded at Edinburgh the 21 of May, 1613. The purpose of civilising the Isles was this year again renewed, The Earl of Argile made Lieutenant of the Isles and a long Treaty kept with the Marquis of Huntley thereupon, but he breaking off by reason of the small duty he did offer for the North Isles, the Earl of Argile was made Lieutenant thereof for the space of six months, in which time it was hoped that some good should be wrought, and the people reduced to good manners; yet nothing was done to any purpose, the great men of those parts studying only the increase of their own grandeur, and striving whose command should be greatest. In the Parliament of England that held in November preceding, A Parliament in Scotland for the union. the matter of union received many cross, and of all the Articles condescended among the Commissioners, only that was enacted which concerneth the abolishing of hostile laws. The King grieved at this exceedingly, and conceiving that the work should more easily be effected, if a beginning was made in Scotland; did call a Parliament in August, which was kept by Lodowick Duke of Lennox, as Commissioner for his Majesty, the Earl of Montrose being then deceased. The Estates to satisfy the King's desire did allow all the Articles concluded in the Treaty, with a provision, That the same should be in like manner ratified by the Parliament of England, Provisions for the union. otherwise the conclusions taken should not have the strength of a law. It was also declared, that if the union should happen to take effect, the Kingdom notwithstanding should remain an absolute and free Monarchy, and the fundamental laws receive no alteration. But the Parliament of England either disliking the union, as fearing some prejudice by it to their Estate, or upon some other hidden cause, did touch no more the business, and so that good work tending to the advantage of both Kingdoms was left and quite deserted. In the Church a new trouble was moved by the revolt that Huntley and the two Earls of Angus and Arroll made; An Assembly in Linlithgow for restraining Papists. divers especially in the North parts falling away by their example. This being represented to the King, he gave order for calling an Assembly, which convened at Linlithgow in the end of july. Therein the Earls of Dunbar, Winton, and Lothian sat Commissioners for the King. The Bishop of Orkney elected to preside, having showed the occasion of the present meeting to be the growth and increase of Papists in all the quarters of the Kingdom, it was thought meet to take up the names of those that made open profession of Popery, and likewise of those that were suspected to favour the course, that their number and forces being known the remedies might be the better advised and provided. The number was found to very great, The Marquis of Huntley excommunicated. chiefly in the North, and the Marquis of Huntley delated by all as the only cause of the defection in those bounds: he being cited to appear before the Assembly under the pain of excommunication, and neither compeiring nor sending any excuse, was ordained to be excommunicated, and the sentence accordingly pronounced in the hearing of the whole Assembly. This was appointed to be intimated in all the Churches, and no absolution given upon whatsoever offers in regard of his manifold apostasies without the advice of the general Church: The like course was concluded to be kept with Angus, Arroll, and the Lord Semple, how soon the processes intended against them were brought to an end. This done, The causes of the defection partly in the Church. the Assembly began to rip up the causes of the defection more narrowly, which they found to proceed from the Ministers in a part, their negligence in teaching, and catechising of people, the too sudden admission of young men into the Ministry, and the distraction of minds among those that are admitted; for remedy whereof it was ordained as followeth: First, The remedies of the same. that they should apply themselves to the exercise of their function with greater diligence than they were accustomed, and take a special care of young children to see them instructed in the Belief, the Lords prayer, and ten Commandments, whereof they should examine every child at the age of six years, and yearly inquire of their profiting and increase in knowledge. 2 That some longer time should be prescrived for the admission of men to the Ministry, and the exceptions contained in the Act of the age of Ministers to be admitted reserved to the cognition of the General Assembly. 3 That they use a greater diligence in the processing of Papists, and that none out of corrupt favour should grant them any oversight under the pain of deposition. 4 That all who carried office in the Church, should be careful to eschew offences, and endeavour to keep love and peace among themselves. 5 And for the present distractions in the Church, seeing the same did arise partly from a diversity of opinions touching the external government of the Church, and partly from divided affections, the last of these two being the most dangerous, as not suffering the brethren to unite themselves against the common enemy; they were all in the fear of God exhorted to lay down whatsoever grudge or rancour they had conceived, and to be reconciled in heart and affection one to another: Which all that were present did faithfully promise by the holding up their hands. But the fault not being in the Ministers alone, The cause of the defection proceeding from others. and seen to proceed from other causes also; as from the oversight of Jesuits and Priests, and their entertainment in the Country; the preferment of men to public offices that were suspected in Religion; the favour showed to Papists by them in places of chief authority; Masie Priests admitted without his Majesty's warrant, and no security taken for their not returning; Licences granted to Nobleman's sons for going abroad, and their education trusted to men of contrary profession; advocation to the Council of matters properly belonging to the Ecclesiastical Judicatories; and the lack of Preachers in many parts of the land; It was concluded that certain Petitions should be form and presented to his Majesty by some selected Commissioners for remedying these evils, which were form in this manner: First, Supplication to his Majesty for redress of these evils. that an humble supplication should be made by the whole Assembly, entreating his Majesty not to permit any Papist, or suspected of Popery to bear charge in Council, Session, or in any Burgh or City, and where his Majesty did know any such to occupy these places, humbly to crave that order might be taken for their removing. 2 That the laws made against Papists should receive execution and no favour be granted unto them by the Officers of State, with a prohibition to the Council to meddle in affairs Ecclesiastical, or to discharge the processes led by Ministers against Papists and others contemners of Church discipline. 3 That Papists abjuring their Religion in hope of preferment to Offices of State, Petitions to his Majesty for repressing Popery. should not be admitted thereto till they had given five years' probation at least. 4 That the sons of Noblemen professing Popery should be committed to the custody of such of their friends as are sound in Religion. 5 That a Commission should be granted to every Bishop within his Diocese, and to such well affected Noblemen, Barons and Gentlemen, as the Commissioners of the Assembly should nominate, for apprehending of Jesuits, Seminary Priests, excommunicated Papists, and traffiquers against Religion. 6 That the Searchers of ships should seize upon all Books that are brought unto the Country, and present them to the Ministers of the Town where the ships shall happen to arrive. 7 That excommunicate Papists be put in close prison, and none have access unto them but such as are known to be of sound Religion. 8 That the Deputies of excommunicates be not suffered to enjoy any office under them, and that some others be appointed by his Majesty to serve in their places. 9 Finally, that his Majesty should be humbly entreated to plant the unprovided Churches, especially the Churches of the Chapel Royal, with competent Stipends. The Commissioners chosen to present these Petitions were, the Archbishop of Glasgow, the Earl of Wigton, the Lord Kilsith, Mr. William Couper Minister at Perth, and james Nisbit Burgess of Edinburgh, together with the Petitions they received a Letter from the Assembly conceived in these terms: HAving convened in this General Assembly by your Majesty's favourable licence and permission, and shadowed under your Majesty's wings with the presence of your Majesty's Commissioners, we did set ourselves principally to consider the cause of the late growth of Papists among us, and found by an universal complaint, the chief cause to be this, that where the Church in these parts was accustomed to be nourished by your Majesty's fatherly affection as the most kind parent of piety and Religion, we have been left in the hands of unkind stepfathers, who esteeming us an uncouth birth to them have entreated us hardly, and cherished our adversaries by all means they could, as your Majesty's highness will perceive more clearly by the overtures for remedy, which in all humble submission we present to your Majesty by these honourable Commissioners and brethren, humbly entreating your Majesty to take compassion upon us, your Majesty's loving children in this land, that we may be taken out of the hands of these who are more ready to deliver the heads of the King's sons to Jehu, if the time were answerable to their wishes, then to nourish and bring them up to perfection. There is no cause, Sir, why the Apostates who have lately grown up in this land should be feared, whatever they be in estate or number; for with them are the golden Calves, which God will destroy; with them is Dagon, whose second fall shall be worse than the first; but with your Majesty is the Lord your God to fight for you, and under your standard are the best of the Nobility, the greatest number of Barons, and all your Majesty's Burgesses, unspotted in Religion, and resolute all of them for God's honour, and your Majesty's preservation to spend their goods and lives and whatever is due to them: We also your Majesty's humble servants the Bishops and Ministers of the Gospel in this land, now reconciled to others with a most hearty affection, by your Majesty's only means and the careful labours of your Majesty's trusty Counsellor, and our very good Lord the Earl of Dunbar, are for out parts most ready to all service in our callings to stir up your Majesty's subjects by the word that God hath put in our mouths, to the performing of that obedience which God and nature doth oblige them unto, and by God's grace shall go before them in all good ensample. These things we leave to be delivered by our Commissioners, whom we beseech your Majesty to hear graciously, and after some favourable consideration of our case, and present suits, to give such answer as in your Highness' wisdom shall be thought fittest. And now with our humble thanks to your Majesty for the liberty granted to meet in this Assembly, and our most hearty prayers to God Almighty for your Highness long life and prosperous reign, we rest. This letter was subscribed by the Earls of Crawford, Glencarne and Kinghorne, the Lords Lindesay, Baclugh, Salton, London, Torphichen, Blantire, Scone, Halirudhouse, and a great number of the Clergy and Barons. The Chancellor hearing of the Assemblies proceedings, and supposing himself to be specially aimed at in all that business (wherein he was not mistaken) moved the Secretary to take journey to Court, for obviating these courses so far as he might. But he at his coming did meet with a business that concerned himself more nearly, for about the same time Cardinal Bellarmin● had published an Answer to the King's Apology, The Secretary's journey to Court. and therein charged him with inconstancy, objecting a Letter that he had sent to Clement the eighth whilst he lived in Scotland, in which he had recommended to his Holiness the Bishop of Vaison for obtaining the dignity of a Cardinal, that so he might be the more able to advance his affairs in the Court of Rome. The Treatise coming to the King's hands, and he falling upon that passage did presently conceive that he had been abused by his Secretary, Which he remembered had moved on a time for such a letter, and thereupon began to think that among the letters sent to the Dukes of Savoy and Florence, at the time another might have been shuffled in to the Pope, and his hand surreptitiously got thereunto. The King lay then at Royston, He is charged for writing a letter to the Pope, and stealing his Majesty's hand thereto. and the Secretary coming thither, he inquired if any such letter had been sent to the Pope at any time. The Secretary apprehending no danger; and thinking that his policy in procuring the Pope's favour to the King should not be ill interpreted confessed, that such a letter he had written by his Majesties own knowledge. But perceiving the King to wax angry he fell on his knees and entreated mercy, seeing that which he had done was out of a good mind, and desire to purchase the Pope's favour, which might at the time have advanced his title to England. The King then putting him in mind of the challenge made by the late Queen in the year 1599, for writing the same letter, and how being at that time questioned thereupon, he had not only denied his own knowledge thereof, but likewise moved Sir Edward Drummond, who carried the letter to the Pope to come into Scotland and abjure the same; he answered, That he did not think the matter would be brought again in hearing, and that fearing his Majesty's offence, he had denied the letter, and had moved his Cousin Sir Edward to do the like; but now that he saw, that which he had done in the politic course turned to the King's reproach, with many tears he besought his Majesty to pardon his fault, and not to undo him who was own creature, and willing to suffer what he thought meet for repairing the offence. The King replying that the fault was greater than he apprehended, and that it could not be so easily passed, enjoined him to go to London, and keep his chamber till he returned thither. After some eight days the King returned to White Hall, The Secretary charged with the fault before the Council. where the Secretary was brought before the Council, and charged with the fault; which the Lords did aggravate in such manner, as they made the same to be the ground of all the conspiracies devised against the King since his coming into England, especially of the Powder Treason. For the Papists, said they, finding themselves disappointed of the hopes which that letter did give them, had taken the desperate course which they followed, to the endangering of his Majesty's person, posterity, and whole estates. The Secretary having heard their discourses, His answer tooth Lords of the Council. kneeled to the ground, and fetching a deep sigh, spoke to this effect. Curas leves loquuntur, ingentes stupent, My Lords, I cannot speak nor find words to express the grief I have conceived for the offence committed by me against my gracious Sovereign; for on the one side, when I call to mind his Majesty's favours bestowed upon me, having raised me out of the dust, to a fortune, (far exceeding my merit) and on the other side, I look to my foul fault in abusing his Majesty's trust, bringing thereby such an imputation upon his innocency as will hardly be taken away, but with the forlorn child to say, Pecavi in coelum & terram: my offence is great, I confess, nor am I worthy to be reckoned any longer among his Majesty's subjects, or servants; his Majesty's rare piety, singular wisdom, and unspotted sincerity in all his actions, whereof I had so long experience, might have taught me, that when he refused to have any dealing with the Pope, the event of the course I took, could not be good; but I unhappy man would needs follow the way which to me seemed best, and whereof I find now the smart. If no other thing can liberate his Majesty of this imputation, caused by my folly, let neither my life, nor estate, nor credit be spared, but as I have all by his Majesty's favour, so let all go even to the last drop of my blood before any reproach for my offence be brought upon his Majesty. Then rising up he said, It shall not be necessary to remit my trial to Scotland, which I hear your Honours do intend, for I do simply submit myself to his Majesty's will, and had much rather not live then lie any longer under his Majesty's displeasure. Therefore my humble suit to your honours is, that in consideration of my miserable estate, and ignominious confession you would be pleased to move his Majesty for accepting me in will, and that without delay whatsoever may be done for reparation of his honour, may be performed, whereunto most willingly I submit myself. The Chancellor Sir Thomas Egerton without taking any notice of these last words declared, that his Majesty's pleasure was to remit the trial of his offence to the Judges in Scotland, Chancellor Egerton, pronounceth sentence against him. Sprot his execution. and that he should be conveyed thither as a Prisoner, the Sheriffs attending him from shire to shire, till he was delivered in Scotland; in the mean time he did pronounce him deprived of all places, honours dignities, and every thing else that he possessed in England. Whether or not, I should mention the arraignment and execution of George Sprot notary in Eymouth, who suffered at Edinburgh in the August preceding, I am doubtful his confession though voluntary, and constant, carrying small probability. This man had deponed, that he knew Robert Logan of Restalrig, who was dead two years before, to have been privy to Gowries conspiracy, and that he understood so much by a letter that fell in his hand written by Restalrig to Gowry, bearing that he would take part with him in the revenge of his father's death, and that his best course should be to bring the King by sea to Fascastle, where he might be safely kept, till advertisement came from those with whom the Earl kept intelligence. It seemed a very fiction and to be a mere invention of the man's own brain; for neither did he show the letter, nor could any wise man think, that Gowry, who went about that treason so secretly, would have communicated the matter with such a man, as this Restalrig was known to be: as ever it was, the man remained constant in his confession, and at his dying when he was to be cast off the ladder (for he was hanged in the public street of Edinburgh) promised to give the beholders a sign for confirming them in the truth of what he had spoken, which also he performed by clapping his hands three several times, after he was cast off by the executioner. To return to the Commissioners of the Assembly, The Commissioners of the Assembly have audience. they had presence of the King in Hampton Court the 10 of September, where the Archbishop of Glasgow having declared the occasion of their coming, did present the Assemblies letter together with their Petitions; His Majesty's answer. The King having read both the one and other said, That the difference between the lawful and unlawful meetings might be perceived by the fruits arising from both, for as that unlawful conventicle at Aberdene had caused a schism in the Church, and given the enemies of Religion a great advantage, so in this Assembly they had not only joined in love among themselves, which is the main point of religion, but also had taken a solid course for the repressing of Popery, and superstition: that he did allow all their Petitions, and would give order for a Convention which should ratify the conclusions of the Assembly; assuring them, that the Church keeping that course, should never lack his Patrociny and Protection. Letters were immediately directed to publish his Majesty's acceptation of the Assemblies proceedings, A convention at Edinburgh. and the Council joined to commit the marquis of Huntley in the Castle of Striveling, the Earl of Angus in the Castle of Edinburgh, and the Earl of Arroll in Dumbritton. A convention was likewise indicted at Edinburgh the sixth of December, which was afterward prorogued to the 27 of january; The Archbishop of Glasgow was in the mean time sent home to inform the Council concerning Balmerinoch his business, and how these matters had been carried in England. This report made, An. 1609. The Chancellor, who had been much ruled by the Secretary, was greatly afraid, The Chancellor admitted Counsellor of England. as suspecting the next assault should have been made upon himself. But the King who knew his disposition, and expected that the Chancellor would carry himself more advisedly, especially in the matters of the Church, the Secretary being gone, did hast the Earl of Dunbar home with a warrant to receive the Chancellor in the number of the Counsellors of England, and therewith appointed him Commissioner with Dunbar in the Convention of Estates; all which was done to make it seem, that his credit was no way diminished with his Majesty. In this convention divers Acts were made in favours of the Church, Acts made for Religion. As first that Noblemen sending their sons forth of the Country should direct them to places where the reformed Religion was professed, at least where the same was not restrained by the Inquisition, and that the Pedagogues sent to attend them, should be chosen by the Bishop of the Diocese, wherein if they should happen to transgress, the Nobleman being an Earl should incur the pain of four thousand pounds; if he was a Lord, five thousand Marks; and if a Baron, three thousand Marks. And if their sons should happen to decline from the true Religion, that their Parents should withdraw all entertainment from them, and find surety to that effect. That the Bishop of the Diocese should give up to the Treasurer, Controller, Collector and their deputies, the names of all persons excommunicated for Religion, to the end they might be known; and that no confirmations, resignations, nor infestiments should be granted to any contained in that Roll. That the Director of the Chancery should give forth no briefs, directories, precepts of returns, nor precept upon comprisement, till they produced the Bishop's Testificate of their absolution, and obedience; and that it should be lawful to Superiors, and Lords of Regalities to refuse the entry of all such to their lands by precepts of Clarè constat, or any other way. Lastly, that persons excommunicated for not conforming themselves to the Religion presently professed, should neither in their own names, nor covertly in name of any other enjoy their lands, or rents, but that the same should be intrometted with and uplifted to his Majesty's use. These were the Acts concluded touching Religion, Acts made against ravishing of women. for the punishment of rapes, which was grown as then too common, his Majesty by a special letter did recommend to the Estates some overtures for restraining such violences. As if any widow, woman or maid should be forced, and abused against her will, the crime should be capital, and not purged by the subsequent consent of the woman. In like manner if any woman should be taken away, albeit no further injury was done, and she relieved, either by her friends or by the Magistrate, or by what so ever means, the only violence intended should be punished by death in regard the party had endeavoured to do his worst. And for those that did entice any woman to go away without their parents or tutor's consent, that they should be secluded from any part of the goods or lands belonging to the woman so enticed. Some other Acts for the public good of the kingdom were passed at the same time, neither was it remembered that in any one convention so much good of a long time was done as in this. In the beginning of February the Secretary was brought to Edinburgh and delivered to the Magistrates, who received him at the neither port, and conveyed him as a Prisoner to the lodging that was appointed. The Secretary's trial at S. Andrews; A great gazing there was of people, which troubled him not a little as he showed by his countenance. The next day he was delivered to the Lord Scone, who with a guard of horse did convey him to the prison of Falkland; there he remained to the 10 of March, and was at that time taken to S. Andrews to abide his trial: with the Justice there sat as Assessors the Earls of Dunbar, Montross and Lothian, the Lord Privy seal and Clerk Register. His indictment was to this effect, His indictment That in the year 1598. by the instigation of his Cousin Sir Edward Drummond a professed Papist he had stolen and surreptitiously purchased his Majesty's hand to a letter written by the said Sir Edward, and directed to Pope Clement the eighth in favour of the Bishop of Vaison for the said Bishop's preferment to the dignity of a Cardinal. And that notwithstanding the many denials the King gave him in that business he had treasonably conspired with the said Sir Edward to deceive and abuse his Majesty, shuffling in a letter among others that were to be signed, and filling it up after it was signed, with the styles and titles usually given to the Pope, and sealed the letter with his Majesty's fignet, the keeping whereof was entrusted to him by virtue of his office, and in so doing had mostundutifully and treasonably behaved himself, to the endangering of his Majesty's Honour, Life, Crown, and Estate, and to the subversion of true Religion, and the whole professors thereof. Upon the reading of the indictment he was enquired if he would use any friends or advocates to speak in his defence, as the order of the Court did allow him: his answer was, That he stood never in so great need of a Prolocutor, the matter concerning his life, estate and all that he possessed in this world; yet he had choosed to keep silence, and not employ either friends or advocates, the offence he had committed being such as could admit no defence; The Secretary his speech and answer to the indictment. for howsoever he conceived that the keeping of intelligence with the Pope, might advance his Majesty's succession to the Crown of England, yet knowing as he did his Majesty's resolution never to use any crooked course, but to rest upon God's providence and his own right, it did not become him to have meddled in a matter of that importance. Therefore did he entreat all gentlemen and others that were present to bear witness of his confession, and the true remorse he had for the offence committed, which he esteemed so great, as neither his lands, nor life, may not twenty thousand lives such as his could repair: His protestation of two things. only two things he asked liberty to protest; one was that he never intended to work an alteration of Religion, or a toleration of the contrary, the thing he had done being a mere worldly course, whereby he judged some good might have been wrought at the time. Next he protested that neither the love of gain, nor hope of commodity had led him on, that having never received nor expected benefit from any Prince living (his Master the King only excepted) but an opinion he foolishly conceited that he might that way promote his Master's right. In end he said, that he would not make the judges any more business, that he had confessed the truth, and as he wished God to be merciful to his soul in that great day, his Majesty was most falsely and wrongfully charged with the writing of that letter to the Pope, and that he never could move him to consent thereto. The Jury was then called, The Jury sworn. and the persons following sworn in face of Court, David Earl of Crawford, George Earl Martial, john Earl Wigton, Patrick Earl of Kingborne, john Earl of Tillibarden, Alban L. Cathcart, john L. Salton, David L. Scone, Alexander L Garlies, William Master of Tillibarden, Sir james Douglas of Dr●mlanrick, Sir Robert Gordon of Lochinvar, Sir William Levingston of Kilsith, Sir john Houston of the Ilke, and Sir Patrick Home of Polwart. These going apart returned after a short space into the Court, and by the mouth of the Earl of Martial pronounced james Lord Balmerinoch guilty of treasonable, surreptitious, fraudulent, and false stealing of his Majesty's hand to the letter specified in the indictment, without his Majesty's knowledge and contrary to his will declared. As also of the treasonable affixing of his Majesty's signet to the said letter; and of assisting known and professed Papists in their treasonable courses to the danger of Religion, the overthrow of the true professors thereof, and drawing of his Majesty's life, estate and right of succession to the Crown of England, in most extreme peril; besides the bringing of most false and scandalous imputations upon his Majesty as well in Religion as honour; and of art and part of the whole treasonable crimes contained in the said indictment. The King being advertised of his conviction (for he had commanded before any doom should be pronounced) by a warrant directed to the Justice he was brought again to Edinburgh, The doom pronounced against Balmerinoch. and in a Justice Court kept the first of April, discerned to be taken to the place of execution, and there to have his head cut off, his lands, heritage's, Lordships, Baronies, takes, steading, rooms, possessions, offices, benefices, corns, cattle &c. forfeited and escheated to his Majesty's use, as being convicted of the foresaid treasonable crimes. His life upon the Queen's intercession was spared, and he returned to his prison in Falkland, where he abode some months, being thereafter licenced to go unto his house in Balmerinoch, he died as was thought of grief and sorrow. A man of abilities sufficient for the places he enjoyed in Session and Council; but one that made small conscience of his doings, and measured all things according to the gain he made by them: The possessions he acquired of the Church kept him still an enemy unto it, for he feared a restitution should be made of those livings, if ever the Clergy did attain unto credit. Not long before he fell in his trouble the King had employed him to deal with the Lords of Session, among whom he carried a great sway, for restoring the Ecclesiastical Jurisdiction to the Bishops; but he taking ways that he thought should not have been perceived, to disappoint the errand, drew upon himself the King's displeasure, and fared nothing the better because of his miscarriage in that business, when this occasion was offered. It is not for those that serve Princes, and are trusted by them in the greatest affairs, to deal deceitfully with their Masters, for seldom have any taken that course and have not in the end found the smart thereof. A Parliament was this year kept at Edinburgh the 24 of june, A Parliament at Edingburgh. the Earl Martial being Commissioner for the King, wherein the Acts concluded in the preceding convention were ratified, the jurisdiction of Commissaries restored to the Church, the Justices of peace commanded to be settled in every shire, and a Statute made for the Apparel of judges, Magistrates, and Churchmen, which were all remitted to his Majesty's appointment. Patterns accordingly were sent from London not long after for the apparel of the Lords of Sessions, the Justice, other inferior Judges, for Advocates, Lawyers, Commissars and all that lived by practice of law, and command given to every one whom the Statutes concerned, to provide themselves of the habits prescribed within a certain space under the pain of Rebellion. Such was the King's care to have those who were in public charge held in due respect, and dignosced whither soever they came. The King by his Letters was now daily urging the Bishops to take upon them the administration of all Church affairs; An. 1610. and they unwilling to make any change without the knowledge and approbation of the Ministers, An Assembly at Glasgow. an assembly to this effect was appointed to hold at Glasgow the 6 of june. The Earl of Dunbar, Sir john Preston Precedent of the Session, and Sir Alexander Hay Secretary (which two had succeeded to Balmerinoch his places being Commissioners for the King) the Archbishop of Glasgow was elected to preside. There a Proposition was made by the Commissioners of certain point of Discipline, which his Majesty craved to be determined, That all things might be done thereafter orderly in the Church, and with that consent and harmony which was fitting among preachers. Some three days being spent in reasoning, at last the conclusions following were enacted. 1 The Assembly did acknowledge the indiction of all such general Assemblies of the Church to belong to his Majesty by the prerogative of his Crown, and all convocations in that kind without his licence to be merely unlawful, condemning the conventicle of Aberdene made in the year 1605, as having no warrant from his Majesty and contrary to the prohibition he had given. 2 That Synods should be kept in every Diocese twice in the year, viz. in April, and October, and be moderated by the Archbishop or Bishop of the Diocese, or where the Dioceses are so large, as all the Ministers cannot conveniently assemble at one place, that there be one or moe had, and in the Bishop's absence, the place of Moderation supplied by the most worthy Minister having charge in the bounds, such as the Archbishop or Bishop shall appoint. 3 That no sentence of excommunication, or absolution from the same be pronounced against or in favour of any person, without the knowledge and approbation of the Bishop of the Diocese, who must be answerable unto God and his Majesty, for the formal and unpartial proceeding thereof. And the process being found formal, that the sentence be pronounced at the Bishop's direction by the Minister of the Parish where the offender hath his dwelling, and the process did first begin. 4 That all presentations in time coming be directed to the Archbishop or Bishop of the Diocese, within which the Benefice that is void lieth with power, to the Archbishop or Bishop to dispone or confer the Benefices that are void within the Diocese after the lapse, jure devoluto. 5 That in the deposition of Ministers upon any occasion the Bishop do associate to himself some of the Ministers within the bounds where the delinquent serveth, and after just trial of the fact, and merit of it pronounce the sentence of deprivation. The like order to be observed in the suspension of Ministers from the exercise of their function. 6 That every Minister at his admission swear obedience to his Majesty and to his Ordinary according to the form agreed upon Anno 1571. 7 The visitations of the Diocese be made by the Bishop himself, and if the bounds be greater than he can well undertake, by such a worthy man of the Minsterie within the Diocese as he shall choose to visit in his place. And whatsoever Minister without just cause or lawful excuse shall absent himself from the visitation or Diocesan assembly, be suspended from his Office and Benefice; and if he do not amend, deprived. 8 That the convention of Ministers for exercise be moderated by the Bishop being present, and in his absence by any Minister that he shall nominate in his Synod. 9 And last it was ordained, that no Minister should speak against any of the foresaid conclusions in public, nor dispute the question of equality or inequality of Ministry, as tending only to the entertainment of Schism in the Church, and violation of the peace thereof. These conclusions taken it was complained in behalf of the Moderators of Presbyteries, who had served since the year 1606. That notwithstanding of their promise made at their accepting of the Charge, they had received no payment at all of the stipend allowed: Which the Earl of Dunbarre excused by his absence forth of the Country, affirming, That unto that time there was never any motion made thereof to him, and that before the dissolving of that Assembly he should cause satisfaction to be given to them for the time past; declaring withal, That seeing order was taken for the moderation of Presbyteries in time coming, his Majesty's Thesaurer should not be any further burdened with that payment. The moderators paid of the stipend promised. The Ministers therein remiting themselves to his Majesty's good pleasure gave his Lordship thanks for that he had offered; which he did also see performed, some five thousand pounds Scots being distributed by the Thesaurers' servants among those that had borne the charge; certain of the discontented sort did interpret it to be a sort of corruption, giving out, That this was done for obtaining the Ministers voices; Howbeit the debt was known to be just, and that no motion was made of that business before the foresaid conclusions were enacted. In the Assembly a Supplication was presented in the names of the Marquis of Huntly and the two Earls of Angus and Arroll for their absolution, A supplication in name of the Popish Lords. and a Commission given to that effect, upon their satisfaction, they subscriving the confession of faith and swearing to continue in the profession of the Religion presently established. The Marquis of Huntly was at that time confined in Styiveling, and to him were the Archbishop of Glasgow, the Bishops of Cathnes and Orkney directed. They found him not unwilling to subscrive the confession of Faith and make satisfaction for his Apostasy, but in regard of his many relapses did not judge it fitting to absolve him; wheresore they gave order that he should confer with Mr. Patrick Sympson the Minister of the Town, a learned and moderate man, Huntly freed of his confining. that so he might subscrive with knowledge and resolution not to fall back. In the December following, having professed himself resolute in all points, he was liberated from his confinement at Striveling, and licenced to go home to Strathbogy. With the Earl of Arroll the difficulty was greater; The Earl of Arroll troubled for his simulation. for when in a public meeting of the Council within the Castle of Edinburgh, he had professed his conformity in every point of Religion and made offer to subscrive, the very night after he fell in such a trouble of mind, as he went near to have killed himself. Early in the morning the Archbishop of Glasgow being called, he confessed his disinclination with many tears, and beseeching them that were present to bear witness of his remorse, was hardly brought to any settling all that day. The Nobleman was of a tender heart, and of all that I have known that most conscientious in his procession, and thereupon to his dying was used by the Church with greater lenity than were others of that sect. The Earl of Angus who lived confined at Glasgow took another course, The Earl of Angus goeth to Paris. and upon licence obtained from his Majesty, went to France, where he might enjoy the exercise of his Religion with liberty, and died at Paris in a voluntary banishment some years after. Shortly after the Assembly dissolved, the Archbishop of Glasgow was called to Court, The Archbishop of Glasgow called to Court. and commanded to bring with him two others such as he thought fit. The Archbishop taking with him the Bishops of Brichen and Galloway came to Court in the midst of September. At their first audience the King declared what the business was for which he had called them, speaking to this purpose, That he had to his great charge recovered the Bishoprics forth of the hands of those that possessed them, and bestowed the same upon such as he hoped should prove worthy of their places; but since he could not make them Bishops, nor could they assume that honour to themselves, and that in Scotland there was not a sufficient number to enter charge by consecration, he had called them to England, The business proponed by his Majesty. that being consecrated themselves they might at their return give Ordination to those at home, and so the adversaries mouths be stopped, who said that he did take upon him to create Bishops, and bestow spiritual offices, which he never did nor would he presume to do, acknowledging that authority to belong to Christ alone, and those he had authorized with his power. The Archbishop answering in the name of the rest, That they were willing to obey his Majesty's desire, The Archbishop his answer. and only feared that the Church of Scotland, because of old usurpations, might take this for a sort of subjection to the Church of England. The King said, That he had provided sufficiently against that, for neither should the Archbishop of Canterbury, nor York, who were the only pretenders, have hand in the business, but Consecration should be used by the Bishops of London, Ely, and bath. The Scots Bishops thanking his Majesty for the care he had of their Church, and professing their willingness to obey what he would command, the 21 of October was appointed to be the time, and the Chapel of London house the place of Consecration. A question in the mean time was moved by Dr. Andrew's Bishop of Ely touching the consecration of the Scottish Bishops, The consecration questioned who, as he said, must first be ordained Presbyters, as having received no Ordination from a Bishop. The Archbishop of Canterbury Dr. Bancroft who was by, maintained That thereof there was no necessity, seeing where Bishops could not be had, the Ordination given by the Presbyters must be esteemed lawful; otherwise that it might be doubted, if there were any lawful vocation in most of the reformed Churches. This applauded to by the other Bishops, Ely acquiesced, and at the day, and in the place appointed the three Scottish Bishops were consecrated. At the same time did the King institute a High Commission in Scotland for the ordering of Causes Ecclesiastical, and therewith sent to the Clergy the directions following. The High Commissioners appointed 1 That every particular matter should not be brought at first before the high Commission, nor any thing moved unto itexcept the same was appealed unto, or complained by one of the Bishops, Directions for the High Commissioners and other matters Ecclesiastical. as a thing that could not be rectified in their Diocese; or then some enorm offence in the trial whereof the Bishops should be found too remiss. 2 That every Archbishop and Bishop should make his residence at the Cathedral Church of his Diocese, and labour so far as they could and were able to repair the same. 3 That all Archbishops and Bishops be careful in visitation of their Diocese, and every third year at least, take inspection of the Ministers, Readers, and others serving cure within their bounds. 4 That every Archbishop visit his Province every seven years at least. 5 Whereas there be in sundry Dioceses some Churches belonging to other Bishops, that care be taken to exchange the Churches one with another that all the Dioceses may lie contigue, if possibly the same may be performed. As likewise in regard some Dioceses are too large, and others have a small number of Churches, Scarce deserving the title of a Diocese; that a course be taken for enlarging the same in a reasonable proportion, by uniting the nearest Churches of the greater Diocese thereto. 6 That the convention of Ministers for the exercise of Doctrine exceed not the number of ten or twelve at most, An. 1601. & over them a Moderator placed by the ordinary of the Diocese where the said Conventions are licenced, Directions for matters Ecclesiastical. with power to call before them all scandalous persons within that Precinct, and censure and correct offenders according to the Canons of the Church: yet are not these Moderators to proceed in any case either to excommunication, or suspension, without the allowance of the Ordinary. And if it shall be tried that these Ministers do usurp any further power than is permitted, or carry themselves unquietly either in teaching or otherwise, at these meetings, in that case the Bishop shall discharge the meeting, and censure the offenders according to the quality of their fault. 7 Considering that laic Elders have neither warrant in the Word, nor example of the Primitive Church and that northeless it is expedient that some be appointed to assist the Minister in repairing the fabric of the Church, providing elements to the holy Communion, and collecting the contributions for the poor, with other necessary services, the Minister is to make choice of the most wise and discreet persons in the Parish to that effect, and present their names to the Ordinary that his approbation may be had thereto. 8 That the Ministers of the Parish be authorized to call before them and his associates so allowed, all public and notorious offenders, and enjoin the satisfaction according to the Canons of the Church; or if they be obstinate and contumacious, declare their names to the Bishop, that order may be taken with them. 9 That no Minister be admitted without an exact trial preceding, and imposition of hands used in their Ordination by the Bishop and two or three Ministers whom he shall call to assist the action; and to the end an uniform order may be kept in the admission of Ministers, that a form thereof may be imprinted and precisely followed of every Bishop. 10 That the election of Bishops shall in time coming be made according to the conference Anno 1571. and whilst the Bishopric remaineth void, the Dean of the Chapter be Vicarius in omnibus ad Episcopatum perínentibus, and have the custody of the Living and Rents, till the same be of new provided. 11 That the Dean of every Chapter convene thereof once at least in the year, and take order that nothing pass except they be Capitulariter congregati; and that a Register be made of every thing done by the Archbishop or Bishop in the administration of the Rents and safely in the Chapter house. 12 That when it shall be thought expedient to call a general Assembly, a supplication be put up to his Majesty for licence to convene, and that the said Assembly consist of Bishops, Deans, Archdeacon's and such of the Ministry as shall be selected by the rest. 13 And because there hath been a general abuse in that Church, that youths having passed their course in Philosophy before they have attained to the years of discretion, or received lawful Ordination by imposition of hands, do engyre themselves to preach; that a strict order be taken for restraining all such persons, and none permitted but those that received Orders to preach ordinarily and in public. These directions being exhibited to the Bishops and some principals of the Clergy convened with them at Edinburgh in February next, were approved of all; The Clergy doth approve the directions. and at the same time was the High Commission published, to the great discontent of those that ruled the estate; for that they took it to be a restraint of their authority in matters ecclesiastical, nor did they like to see Clergy men invested with such authority. The King no less careful to have all things ordered rightly in the Estate, did prescrive the number, Orders for the Council. attendants, and manner of proceeding which the Council should keep in their meetings. As that the number should not exceed thirty and seven at least be present in every meeting: An. 1611. that at their admission they should take the Oath of allegiance and swear fidelity and secrecy in matters to be communicated unto them. That they should convene twice in the week; once every Tuesday for matters of State, and once on the Thursday for actions. That none should be permitted to stay with in the Council house, but the Lords and Clerks of the Council, nor any solicitations be made within the house, but that all should take their places at their coming in, and none stand on foot, unless they be to answer for themselves, and in that case to rise and stand at the head of the table. That four day's absence of any Counsellor in the time of sitting without licence from the rest, should infer the loss of their place. That if any of the number were denounced Rebel, or did not at lest once in the year communicate, they should be likewise excluded. That wheresoever they remained or happened to come, if they should be informed of any trouble like to arise betwixt parties, they should charge them to keep the peace, and if they refused, they should command them to enter in Ward, the disobedience whereof should be punished as if the whole Council were disobeyed. Lastly, to keep their persons and places in the greater respect, they were commanded in the streets either to ride with foot clothes or in coaches, but not be seen walking on foot. With these directions a command was given to inhibit by Proclamation any persons to bear quarrel to another, A Proclamation against bearing of quarrel. with intention of private revenge, requiring those that should happen to be in any sort injured to complain to the ordinary Judge, within the space of forty days after the injury committed, and insist for justice; wherein if they should fail, and yet be perceived to carry a grudge towards him by whom they were injured, they should be called before the Council, and if they refused to reconcile, be punished as despisers of the royal authority, and violators of the public peace. In the Isles of Orkney and Yetland at this time were great oppressions by the Earl thereof, The troubles of Orkney. for which he was committed in the Castle of Edinburgh, and the Bishop of Orkney employed by the Council to examine the particular complaints. This Nobleman having undone his estate by riot and prodigality did seek by unlawful shifts to repair the same, making Acts in his Courts and exacting penalties for the breach thereof, The Earl of Orkney committed and his Acts of Court discharged. as if any man was tried to have concealed any thing that might infer a pecuniary mulct, and bring profit to the Earl, his lands and goods were declared confiscated; or if any person did sue for justice before any other Judge, than his deputies his goods were escheated, or if they went forth of the Isle without his licence, or his deputies, upon whatsoever occasion, they should forfeit their moveables; and, which of all his acts was most inhuman, he had ordained that if any man was tried to supply or give relief unto ships or any vessels distressed by tempest, the same should be punished in his person, and fined at the Earl his pleasure. These Acts produced by the Complainers, and confessed by the Earl himself, were by the Council discerned unlawful, and the execution thereof in all times thereafter prohibited. The Clangregore a barbarous and thievish race of people, that could by no means be repressed nor reclaimed from their roberies, The Clangregore to be rooted out. were at the same time ordained to be rooted forth, and the service committed to the Earl of Argile; who made some beginning, and presented certain of the principals to justice; but the neglect of their children, and their exhibition as was appointed, made them in after times no less troublesome to the Country then before. In the end of the year the Earl of Dunbarre departed his life at whitehall, a man of deep wit, The deuh of the Earl of Dunbarre. few words, and in his Majesty's service no less faithful than fortunate; The most difficile affairs he compassed without any noise, and never returned when he was employed, without the work performed that he was sent to do. His death made a great change in our Estate. Sir Robert Ker a son of Farnherst, who had served the King long in the quality of a Page, and was then grown powerful in Court, carrying all things by his credit. Somerset his rising. At first the Thesaurers' Office which was in the person of Dunbar, whilst he lived, was trusted to certain Commissioners, but after a little space the same was bestowed upon the said Sir Robert, and he preferred to be Earl of Somerset. The guard that Sir William Cranston a Gentleman of great worth did command, and wherewith he had performed divers notable services in the Borders, was taken from him, and given to Sir Robert Ker of Ancram Somersets cousin. Advocate made first Clerk Register, afterwards Secretary. Sir Gedeon Murray his Uncle by the Mother made Deputy in the Office of Thesaury; and Sir Thomas Hamilton his Majesty's Advocate who had married his sister, placed first in the office of Register, and afterwards made Secretary, all which was ascribed to Somerset his credit. Yet these things were not ill taken, the last excepted, for Sir William Cranston being content to resign his place, the King in remembrance of his good service did prefer him to be a Lord of Parliament: Sir Gedeon his abilities for the services he was trusted with, were known to all; and for the Advocate, his sufficiency was undoubted, only the manner of his coming to be Register was not so well interpreted. Sir john Skeen had enjoyed the place a good many years, and being grown in age and infirm, thinking to get his son provided to his office, had sent him to Court with a dimission of the place, but with a charge not to use it, unless he found the King willing to admit him; yet he abused by some politic wits, made a resignation of the Office, accepting an ordinary place among the Lords of Session. The office upon his resignation was presently disponed to the Advocate: which grieved the Father beyond all measure. And the case indeed was pitiful, and much regretted by all honest men, for he had been a man much employed and honoured with divers legations, which he discharged with good credit, and now in age to be circumvented in this sort, by the simplicity or folly of his son, 'twas held lamentable. Sir john Skeen dyeth of grief. The King being informed of the abuse by the old man's complaint, was very careful to satisfy him and to have the son reconciled to his father, which after some travel was brought to pass: yet so exceeding was the old man's discontent, as within a few days he deceased. The office of Register was shortly after interchanged with the Secretary Sir Alexander Hay, and he made keeper of the Rolls, the Lord Binning Secretary, and Sir William Oliphant received to be his Majesty's Advocate. In the beginning of the next year there happened divers unhappy quarrels betwixt the Scots and English. at Court, An. 1612 which was like to have produced very bad effects: The Lord Samqhar executed in England and nothing worse taken than the slaughter of an English Fencer, by the Lord Sanqhars' instigation, who for an injury alleged, did hire one called Carleill to kill the Fencer: this fact committed in the City of London, and so near to the King's Court, caused such a heartburning among the people, as it was not far from breaking forth into a general commotion. But his Majesty preventing the danger, made Sanqhar to be arrested, and brought to his trial, where being convicted he was hanged publicly at the Palace-gate of Westminster. This act of justice gave the English a great content, nor was the death of the Nobleman much regretted by his own Country people, for he had lived all his time dissolutely and falling in familiarity with a base Courtesan at Paris, had by her a son, to whom he entailed his lands, intending to defraud the heir. But the King taking the matter into his own cognition, did by compromise adjudge the succession to the just inheritor, appointing a little portion to the base son, who in a short time made away the same prodigally. Not long before his Majesty being informed of a course kept by the Church in excommunicating persons that were fugitives for capital crimes, sent to the Bishops and Clergy a Letter of this tenor: The Ecclesiastical Censure of Excommunication, which should be inflicted upon such as having committed any scandalous offence, are contemners of the admonitions of the Church, Excommunication of persons for criminal and capital cases if they become fugitive. is, as we have been informed, so far absued against the first institution, that we cannot sufficiently marvel of the proceeding said to be commonly used among you; namely, that persons fugitive for capital crimes being cited before Ecclesiastical judicatories, although it be known that they dare not compeir for fear of their life, are sentenced as persons contumacious, whereas the fear they stand in aught in reason to excuse their absence, since they cannot be judged contemners of the Church, who upon just terrors are kept back from giving their personal appearance. In a late Treatise the Venetian Padre Paulo did learnedly confute the sentence pronounced by the present Pope against him for his not appearing to answer in the cause of heresy, only upon the just fear be pretended, and had his appeal justified by all indifferent men, from the Pope's sentence as abusive; your proceedings for the manner is no other, and by the learnedst Divines in these parts resembled to the Moscovites form, who if he be offended with any person, commandeth him to send his head unto him: just so your citations are in the foresaid case, which is to will the offenders come in and be hanged, which were they never so penitent is not to be thought they will do; for they will rather fall under your censure then hazard themselves in the hands of the justice. This being the ready way to bring the Censures of the Church in contempt, Our pleasure is, that hereafter there be no such form of proceeding used among you. Notwithstanding if it shall happen such offenders to obtain our pardon, and that the fear they stand in of their life be removed, we mean not but that they should be called before the Church, and Censures used against such of those that are impenitent. Hereof persuading ourselves that you will have care and not give way to the abuse in time coming, We bid you farewell. Upon the receipt of this Letter, The Clergy agree to reform this point. the Bishop's convening with certain of the Clergy to advise what course was fittest to be held in these cases, a long reasoning was kept, some maintaining, That the form practised by the Church was not to be changed, they having tried the good thereof, and that people were terrified by this means from falling into these odious crimes. Others reasoned, That the principal end of all Church censures, especially of Excommunication, was the reclaiming of offenders, and the bringing of them to the acknowledgement of their sin, and that where the principal use had no place, that other secondary ends ought not to be respected; and so in case of Fugitives, what could any Censure avail to their reclaiming, they not being in place to answer, or to receive any admonition? yea and might it not fall that by proceeding against men in such case, men truly sorrowful for their sin should be sentenced, and so the persons bound by the Church, whom God hath loosed; They did therefore judge it more safe in these cases to advertise people of the heinousness of the fact committed, warning them to make their own profit thereof, and to forbear all proceeding against the fugitive person till his condition should be made known. This turned to be the resolution of the whole number, and thereupon direction was given to the Ministers not to intend or follow any process against fugitives in time coming. This year the Earl of Eglington departed this life, The death of the earl of Eglington, and the disposition of his living to his Cousin. who having no child nor heir male to succeed, made a disposition of his lands and honours to Sir Alexander Seaton his Cousin german, with a proviso, That he and his children should take the name and use the arms of the house of Montgomery. The king, who was always most tender in the conveyance of honours, being informed of the disposition made by the deceased Earl, did by a Letter written to the Council witness his displeasure at such alienations; showing that howsoever he could not stay Noblemen to dispose of their lands, he being the fountain of all honour within his Kingdoms, would not permit the same to be sold or alienated without his consent: and thereupon did inhibit the said Sir Alexander to use the title of Lord or Earl, notwithstanding the disposition made to him. Some two years after his Majesty was pleased to bestow the honour upon him, and so was he received into the place and honour formerly belonging to the house of Eglington. In the month of october a Parliament was kept at Edinburgh, A Parliament in Scotland. the Chancellor being Commissioner for the King, wherein the conclusions taken in the Assembly at Glasgow were ratified, and all Acts and constitutions, especially the Act made in the Parliament 1592., rescinded and annulled, in so far, as they, or any of them, or any part of the same were derogatory to the Articles there concluded. In this Parliament a subsidy was urged, A subsidy granted. and a great contest made for the quantity, which was required in a more large measure then in former times, because of his Majesty's affairs, especially for the marriage of Lady Elizabeth with the Palsgrave, who in the same month arrived in England. The poverty of the Country, with a fear that what was then granted, should be made a Precedent for after times, was pretended by those that withstood the motion, albeit the true cause was known to be the dislike that the Popish faction had of the Match, which by all means they laboured to cross: nor was any more busy than the Lord Burleigh to impede the subsidy, he being a little before come from Court, did affirm that the King in a private speech with him touching the same, had said, That he required no more than was granted in the Parliament 1606, and thereby made the opposition greater than otherwise it would have been; yet in the end after long debating it was concluded, that the supply should be more liberal in regard of the present occasion, then at any time before. The King upon advertisement of the Lord Burleighs business gave order to remove him from the Council, and to inhibit him from coming any more at Court: The Ld Burleigh removed from Council. which he apprehending to be the Lord Scones doing, and that he had informed against him, took so ill, as he did send him a challenge, and appeal him to the combat. Hereupon he was committed in the Castle of Edinburgh, where he remained some two months; thereafter upon the acknowledgement of his offence, and being reconciled with the Lord Scone, he was put to liberty. In Court at this time was great rejoicing, and the marriage of the Lady Elizabeth with Prince Palatine daily expected, An. 1613. when on the sudden all was turned to mourning by the death of Prince Henry, The death of Prince Henry. who departed this life at S. james, in the beginning of November. A Prince of excellent virtues, and all the perfections that can be wished for in youth. He died at the age of 18 years, and 8 months, greatly lamented both at home and abroad. The Council esteeming it their duty to express their doleance for that accident, made choice of the Chancellor and the Archbishop of Glasgow for that business. But the King having received an hard information of the Chancellor's carriage in the late Parliament, sent his servant William Shaw to discharge him from coming to Court, who encountering him at Morpet, caused him to return. The Archbishop who was no further advanced than Berwick accompanied the Chancellor to Edinburgh, and after a short stay there, as he was willed went to his journey again towards Court, whither he came a little before Christmas. The marriage of the Lady Elizabeth with the Palgrave. The King acquireth the lands of Orkney. The Nuptials in regard of the Prince's death were put off to the February following, at which time, the sorrow being a little worn out, the same were performed with great solemnity. It was showed before concerning the oppressions of the people of Orkney, that the Acts made by the Earl in his Courts were judged unlawful, and he discharged to put the same thereafter in execution. Notthelesse going on in his wont course, he sent his base son called Robert into the Country, in show to uplift his rents and duties, but in effect to try and punish the transgressors of these Acts: whereupon new complaints being preferred to the Council, the King was advised to make purchase of Sir john Arnots right to whom the Earl had impignorated his estate, as being the only means to relieve that distressed people from his oppressions; the bargain shortly was made, and the King possessed in the lands, Sir james Stewart Captain james his son being made Chamberlain and the Sheriff of the Country. The Earl himself was transported from Edinburgh to the Castle of Dunbarton, and had allowed to him six shillings eight pence sterling a day for his entertainment, where he had not long remained, when as he received advertisement, that the Castles of Kirkwall, Birsay, and other his Houses in these Isles were all rendered to the Sheriff. This put him in a great passion, and many ways he essayed to make an escape, but finding no possibility he sent his base son who was lately returned, with an express command to take back the houses and expulse the Deputy Mr. john Finlason, whom the Chamberlain had left there. The young man at his coming to Orkney being assisted with some loose people made his first assault upon Birsay, expulsing Bernard Stewart The Keeper, Rebellion in Orkney. and placing a Garrison therein of some thirty persons. The Deputy hearing what was done, went speedily thither, charging them in his Majesty's name to render; but they despising the charge, and he not able to force them, he went from thence to Kirkwall; the Rebels following at his heels compelled him in like sort to render the Castle of Kirkwall in which he had entered. Upon report of this Rebellion, Commission was given to the Earl of Cathnes as Lieutenant for the King in those bounds, The Earl of Cathnes employed to suppress the Rebels. to recover the Castles and pacify the Country; which he carefully performed. At his first landing a company of people to the number of five hundred, who were brought together more out of fear of the Rebels, then of any desire to withstand, made a countenance to resist, but how soon they perceived the Earls resolution to pursue, they gave back, their leaders flying to the Castle which they meant to defend. This they made good some five weeks or more till the Canon having beaten down a great part of the walls, Persons executed for the Rebellion. they were forced to yield themselves at discretion. The persons taken in the Castle were Robert Stewart the Earl's base son, Archibald Murray, Andrew Martin, Alexander Legat, and Thomas King, servants to the Earl. These were all transported to Edinburgh, and being convicted by a Jury, were hanged on a gibbet at the Mercat-crosse. In this siege the Lieutenant lost four men only; namely, William Irwin son to William Irwin of Saba, james Richardson, Andrew Adamson, and William Robinson, who were killed all by shots from the Castle; many were wounded and hurt, but thereof recovered. Towards the end of the year Mr. David Lindesay Bishop of Rosse departed this life in a great age, The death of the Bishop of Rosse. having attained to fourscore two or three years: a man nobly descended, and a Brother of the house of Edzell. Soon after the Reformation, returning from his travels abroad, he applied himself to the function of the Ministry, and entering the charge at Leth, continued therein to his death; of a peaceable nature, and greatly favoured of the King, to whom he performed divers good services, especially in the troubles he had with the Church; a man universally beloved and well esteemed of by all wise men. His corpse were interred at Leth by his own direction, as desiring to rest with that people, on whom he had taken great pains in his life. The Earl of Orkney being brought the October preceding from Dumbarton to Edinburgh was in February next put to trial, The Earl of Orkney put to trial. where together with the Justice there sat as Assessors the Earl of Dunfermlin Chancellor, the Lord Bining Secretary, the Precedent Sir john Preston, Sir Gideon Murray Thesaurer Deputy, Sir Richard Cockburne of Clackinton Lord privy Seal, Sir john Cockburne of Ormeston Justice Clerk, Sir Alexander Hay Clerk Register, Sir William Levingston of Kilsith and Sir Alexander Drummond of Medop, Senators of the College of Justice. The substance of the Indictment was, An. 1614 That he had caused his base son to surprise the Castle of Kirkwall with the steeple of the Church, The Earl of Orkney his indictment. the place called the Yards, and house of Birsay; that he had incited the people to Rebellion, and detained the said Castles and Houses treasonably after he was charged to deliver the same. His Prolocutors were Mr. Alexander King, Mr. Thomas Nicolson, and Mr. Alexander Forbes Lawyers, all of good esteem; the chief defence they used was a denial of the libel: the Advocate producing the confession of his base son and those that were executed with him, together with some missive Letters written by one john Sharp at his direction for the detaining of the Castle of Kirkwall, and a Charter of certain lands gifted by him to Pat: Halcro for assisting the Rebels, the Justice remitted the verity of the Indictment to the Assize. The persons chosen thereupon was james Earl of Glencarn, George Earl of Winton, The persons named for the Jury. john Earl of Perth, Robert Earl of Lothian, William Earl of Tillibarden, David Lord Scone, William Lord Sanqhar, john Lord Harry's, james Lord Torphichen, Hugh Lord Semple, William Lord Killmaers, john Grant of Frenchie, Sir Patrick Hepburne of Waughton, Robert Arnot of Farny, and Sir Henry Lindesay of Kinfawnes, who sworn and received according to the custom, went apart by themselves for a certain space, and returning unto the Court, by the mouth of their Chancellor (the Earl of Glencarne) declared him guilty of the foresaid Rebellion, and of the whole points contained in the Indictment. The Justice thereupon gave sentence that he should be taken to the Mercat cross, The sentence pronounced. and there beheaded, and all his goods and lands confiscated. The Earl taking the sentence impatiently, some Preachers were desired to confer with him, and to dispose his mind towards death; but they finding him irresolute, entreated for a delay of the execution; which was granted to the sixth of February, at which time he was brought unto the scaffold, The execution of the Earl of Orkney. guarded by the Magistrates of the City, and in the sight of many people beheaded. This was the end of Patrick Earl of Orkney, son to Robert Stewart one of King james the fifth his base sons; Robert was at first provided to the Abbacy of Halir●dhouse; which he enjoyed divers years: After the forfeiture of Hepburne Earl Bothwell and the obtaining of these Isles, he exchanged the Abbacy with the Bishopric of Orkney, and so became sole Lord of the Country; Patrick succeeding to an elder brother who died young, by his too much resort to Court and profuse spending did involve himself in great debts, and seeking to repair his estate by the indirect courses he touched, fell into these incoveniencies which you have heard, and may serve for a warning to all great personages not to oppress nor play the Tyrants over the meaner sort of people. About the end of the year john Ogilvy a Jesuit was apprehended at Glasgow. john Ogilvy a Jesuit apprehended. He was lately come from Grats, where the Jesuits have a College. by the command (as he said) of his superiors, to do some service in these parts. The●e were found with him three little books containing certain directions for receiving confessions: a warrant to dispense with them that possessed any Church livings, conceived in this form, Quoad dispensationem de bonis Ecclesiasticis, poter is dispensare ut rctimeant que possident, dummodo in usus pios aliquid impendant, pro judicio confessarii dispe●santis; with some Relics and a tu●t of S. Ignatius hair, the founder of their Order, which he seemed to have in great regard. Upon advertisement given to his Majesty, His examinamination by certain Commissioners. a Commission was sent to the Secretary the Lord Kilsith, the Thesaurer Deputy, and Advocate for his examination and trial. Being presented before them, and enquired when he came into Scotland, what his business was, and where he had resorted? To the first he answered, That he came in the June preccding; to the second, that his errand was to save souls; but to the third he denied to give any answer at all, saying, that he would not utter any thing that might work prejudice to others: nor could he be induced either by persuasion or threatening to detect the persons with whom he had resorted. The Commissioners offending at his obstinacy, and meaning to extort a confession from him, advised to keep him some nights from sleep; and this indeed wrought somewhat with him, so as he began to discover certain particulars, but how soon he was permitted to take any rest, he denied all, and was as obstinate in denying as at first. His Majesty being certified that without torture nothing would be drawn from him, A direction from his Majesty touching their proceeding with him. made answer, That he would not have those forms used with men of his profession; and if nothing could be found, but that he was a jesuit and had said Mass, they should banish him the Country and inhibit him to return without licence, under pain of death. B●t if it should appear that he had been a practiser for the stirring up of subjects to Rebellion, or did maintain the Pope's transcendent power over Kings, and refused to take the Oath of Allegiance, they should leave him to the course of law and justice; mean while his pleasure was, that the questions following should be moved unto him, and his answers there to required: 1 Whether the Pope be Judge, Certain Questions moved to the Jesuit. and hath power in spiritualibus in over his Majesty, and whether that power will reach over his Majesty in tempor alibus if it be in ordine ad spiritualia; as Bellarmine affirmeth. 2 Whether the Pope hath power to excommunicate Kings (especially such as are not of his Church) as his Majesty? 3 Whether the Pope hath power to depose Kings by him excommunicated, and in particular, whether he hath power to depose the King's Majesty; 4 Whether it be no murder to slay his Majesty being so excommunicated and deposed by the Pope? 5 Whether the Pope hath power to assoil subjects from the oath of their born and native allegiance to his Majesty; These Questions were sent enclosed in a Letter to the Archbishop of Glasgow, who assuming to himself the Provost of the City, the Principal of the College, and one of the Ministers as Witnesses, did in their hearing read the Questions, and receive his Answer, which he gave under his hand, as followeth: I acknowledge the Pope of Rome to be judge unto his Majesty, His Answer to the Questions. and to have power over him in spiritualibus, and over all Christian Kings. But where it is asked, whether that power will reach over him in temporalibus? I am not obliged to declare my opinion therein, except to him that is judge in Controversies of Religion, to wit, the Pope; or one having authority from him. For the second point, I think that the Pope hath power to excommunicate the King: and where it is said, that the King is not of the Pope's Church; I answer, that all who are baptised are under the Pope's power. To the third where it is asked, if the Pope hath power to depose the King being excommunicate? I say that I am not tied to declare my mind except to him that is judge in controversies of Religion. To the fourth and fifth, I answer, ut supra. Being reasoned with a long time, His Answer sent to his Majesty. and the danger exponed, wherein he did cast himself, by maintaining such treasonable opinions, he answered, That he would not change his mind for any danger that could befall him, and speaking of the Oath of Allegiance, that it was a damnable Oath, and treason against God to swear it. Some days being allowed him to bethink himself better of these points. When as no advice could prevail, and answers were sent to his Majesty subscribed by himself, and therewith a testification of such as were present at the giving thereof. Hereupon the Council was commanded to pass a Commission to the Provost and Bailiffs of Glasgow for putting him to a trial; Commission for the Jesuits trial. there were assisting james Marquis of Hamilton, Robert Earl of Lothian, William Lord Sanqhar, john Lord Fleming, and Robert Lord Boyd. Some days before he was brought to the Bar, it was told him, That he was not to be charged with saying of Mass, nor anything that concerned his profession, but only with the Answers made to the Questions proponed, which if he should recall, there being yet place to repentance, the trial should be suspended till his Majesty were of new advertised. His reply was, That he did so little mind to recall any thing he had spoken, as when he should be brought to his answer he should put a bonnet on it. And this indeed he performed, for when he was placed on panel, and the Indictment read, which was grounded all upon the Acts of Parliament made against those that declined his Majesty's authority, or maintained any other Jurisdiction within the Realm, and upon answer made to the above-written demands, subscribed with his hand, he broke forth in these speeches: Under protestation that I do no way acknowledge this judgement, The Jesuits defence at his indictment. nor receive you that are named in that Commission for my Judges, I deny any point laid against me to be treason; for if it were treason, it would be such in all places, and all Kingdoms, which you know not to be so. As to your Acts of Parliament, they were made by a number of partial men, and of matters not subject to their forum or judicatory, for which I will not give a rotten fig. And where I am said to be an enemy to the King's authority, I know not what authority he hath but what he received from his predecessors, who acknowledged the Pope of Rome his jurisdiction. If the King will be to me as his predecessors were to mine, I will obey and acknowledge him for my King, but if he do otherwise and play the runagate from God, as he and you all do, I will not acknowledge him more than this old hat. At these words being interrupted, and commanded to speak more reverently of his Majesty, he said, That he should take the advertisement, and not offend, but the judgement he would not acknowledge. And for the reverence I do you, to stand uncovered; I let you know it is ad redemptionem vexationis, not ad agnitionem judicii. The persons cited upon the Jury being then called, The exception proponed by the Jesuit. and he desired to show, The exception proponed by the Jesuit. if he would except against them, said, That he had but one exception against them all, which was, that either they were enemies to his cause, or friends: if enemies, they could not sit upon his trial; and if friends, they ought to assist him at the Bar. Only he should wish the Gentlemen to consider well what they did, and that he could not be judged by them. That whatsoever he suffered was by way of injury and not of judgement; and that he was accused of treason but had not committed any offence, nor could he beg mercy. And proceeding in this strain, I am, said he, a subject as free as the King is a King; I came by commandment of my Superior into this kingdom, and if I were even now forth of it, I would return, neither do I repent any thing but that I have not been so busy as I should, in that which you call perverting of subjects. I am accused for declining the King's authority, and will do it still in matter of Religion, for with such matters he hath nothing to do: and this which I say, the best of your Ministers do maintain, and if they be wise will continue of the same mind: some questions were moved to me which I refused to answer, because the proferers were not Judges in controversies of Religion, and therefore I trust you cannot infer any thing against me. But I hope, said the Archbishop, you will not make this a controversy of Religion, Whether the King b●ing deposed by the Pope may be lawfully killed? To this he replied, It is a question among the Doctors of the Church; many hold the affirmative not improbably; but as that point is not yet determined; so if it shall be concluded, I will give my life in defence of it, and to call it unlawful, I will not, though I should save my life by saying it. His speeches, The Jesuit convicted and executed. the more liberty was given him, growing the more intolerable the Jurors were willed to go apart; who quickly returning, declared by the mouth of their Chancellor Sir George Elphingston, that they found him guilty of all the treasonable crimes contained in the indictment. Whereupon doom was pronounced, and the same day in the afternoon he was hanged in the public street of Glasgow. He was, as it seemed, well instructed in that jesuitical doctrine of deposing & dethroning Kings, and like enough to have played another Ravilliack, if he had not been intercepted: which was the rather believed, that in lamenting his mishap to one that he esteemed his friend, he did say, That nothing grieved him so much, as that he should be apprehended in that time; for if he had lived unto Whitsunday at liberty, he should have done that which all the Bishops and Ministers of Scotland and England should never have helped; and to have done it he would willingly have been drawn in pieces with horses, and not cared what torments he had endured But this did not burst forth till after his death. Mr. james Moffet, another of the same Society, Moffet another jesuit licenced to depart. being apprehended near about the same time, took a safer course; for having condemned Ogilvies positions he was suffered to depart the Country the King professing, as he ever did, That he would never hang a Priest for his Religion; only these Polypragmatick Papists, that were set upon sedition and to move disturbance in Countries, he could not away with. The next spring Mr. George Gladstaves Archbishop of S. Andrews departed this light: An. 1615. a man of good learning, The Archbishop of S. Andrews his death. ready utterance, and great invention; but of an easy nature, and induced by those he trusted, to do many things hurtful to the Sea, especially in leasing the titles of his Benefice for many ages to come, esteeming (which is the error of many Churchmen) that by this mean he should purchase the love and friendship of men, whereas there is no sure friendship but that which is joined with respect; and to the preserving of this nothing conduceth more than a wise and prudent administration of the Church rends, wherewith they are entrusted. He left behind him in writing a declaration of his judgement touching matters then controverted in the Church, professing, that he had accepted the Episcopal function upon good warrant, and that his conscience did never accuse him for anything done that way: this he did to obviate the rumours which he foresaw would be dispersed after his death, either of his recantation, or of some trouble of spirit that he was cast into; (for these are the usual practices of the Puritan sect) whereas he ended his days most piously and to the great comfort of all the beholders. His corpses was interred in the South east Isle of the Parish Church, and the funeral preached by Mr. William Cowper, Bishop of Galloway, who was lately before preferred upon the decease of Mr. Gavin Hamilton Bishop of that Sea; a man for courage, true kindness and zeal to the Church never enough commended. S. Andrews falling thus void, Bishops translated by this occasion. divers translations were made in the Church, as of the Archbishop of Glasgow to S. Andrews, the Bishop of Orkney to Glasgow, the Bishop of Dumblane to Orkney, in whose place succeeds Mr. Adam Ballendene Rector of Falkirk. In the end of this year there was at Court a great business for trying the murder of Sir Thomas Overbury, The History of Somersets fall. who had died in the Tower some two years before. The occasion and secret contriving of the murder, with the strangeness of the discovery, and his Majesty's impartial proceeding in the trial, deserve all to be remembered. The occasion was, Overbury's free and friendly counsels to the Earl of Somerset for diverting him from the marriage he intended with Lady Francis Howard, who by a sentence of nullity was freed from the Earl of Essex her husband: Sir Tho: Overburie his free advice to Somerset. Often had he dissuaded Somerset, presuming upon the familiarity that he vouchsafed him, to forbear that Lady's company, and one night more freely, for that he saw Somerset going on in the Match, came unto him, and spoke to this effect; My Lord I perceive you are proceeding in this match which I have often dissuaded as your true servant, and friend, I now advise you not to marry that woman: for if you do, you shall ruin your honour, and yourself; adding, that if he went on in that business, he should do well to look to his standing. The Earl taking his free speech more impatiently because he had touched the Lady (with whom he was bewitched) in her honour, replied in passion, that his legs were strong enough to bear him up, and that he should make him repent those speeches. Thus he parted in anger at that time. Overbury interpreting this to be a sudden passion only, Overbury committed to the Tower. and not thinking that their long continuing friendship would break off by this occasion, continued in his wont attendance, neither did the Earl wholly abandon him; howbeit having discovered to the Lady Overbury his counsel and the words he had uttered to her prejudice, she never ceased to inflame him against the Gentleman, and by all means sought to practise his overthrow. It falling out that Overbury was about this time to be employed in an Ambassage to russia, the Earl whose counsel he asked advised him not to embrace the service, but to make some fair excuse. This advice he followed, taking the same to proceed of kindness, and for his refuse was committed to the Tower. The Lady now had him where she wished, Overbury poisoned and dyeth. and meaning to dispatch him by poison, wrought so with the Lieutenant Sir jervis Elways as he did admit one Richard Weston upon her recommendation to be Overbury's keeper, by whom the very evening after he was committed a yellow poison was ministered unto him in a broth at supper, which provoked such extreme vomits and purging as it was looked he should not recover. But neither this, nor the other poisons that were continually put in his meats, serving to dispatch him, Mistress Turner the preparer of all, procured an Apothecary's boy to give him a poisoned clyster, which brought him to his end. Overbury thus dead, was presently buried, and because of the blanes and blisters that appeared in his body after his death, a report was dispersed that he died of the French Pox; which few believed, and still the rumour went according to the truth, that he was made away by poison. The greatness of the procurers kept all hidden for a time, but God who never suffereth such vile acts to go unpunished, did bring the same to light after a miraculous manner. It happened the Earl of Shrewsbury in conference with a Counsellor of Estate to recommend the Lieutenant of the Tower to his favour as a man of good parts, The murder discovered and laid open. and one that desired to be known to him. The Counsellor answering, that he took it for a favour from the Lieutenant that he should desire his friendship, added withal, that there lay upon him an heavy imputation of Overbury's death, whereof he wished the Gentleman to clear himself. This related to the Lieutenant, he was stricken a little with it, and said, That to his knowledge some attempts were made against Overbury, but that the same took no effect; which being told to the King, he willed the Counsellor to move the Lieutenant to set down in writing, what he knew of that matter, as he also did; thereupon certain of the Council were appointed to examine and find out the truth. From Weston somewhat was found, whereupon he was made prisoner; An. 1616. Turner and Franklin the preparers of the poison being examined, confessed every thing, and then all breaking forth the Earl of Somerset with his Lady and the Lieutenant were Committed. Weston at his first arraignment stood mute, yet was induced afterwards to put himself to the trial of the Country, and being found guilty was hanged at Tyburn. Mistress Turner and james Franklin were in like sort executed. The Lieutenant who had winked at their doings was judged accessary to the crime, and condemned to death, which he suffered, expressing a great penitency and assurance of mercy at the hands of God. In the May following the Earl and his Lady were brought to their trial, Somerset and his Lady brought to trial. which by their friends they laboured earnestly to eschew, but the King would not be entreated for the love he had to maintain justice. The Judge by Commission was Thomas Lord Ellesmore, Chancellor of England, and Lord High Stewart for that time; his assistants were▪ Sir Edward Coke, Lord Chief Justice of England; Sir Henry Hubbart, Lord Chief Justice of the Common Pleas; Sir Laurence Tanfield, Lord Chief Baron of the Exchequer; Judge Althared, one of the Barons of the Exchequer; Judge Crook, Judge Dodderidge, and Judge Haughton, Judges of the King's Bench, and Judge Nicols one of the Judges of the Common Pleas. The Peers by whom they were tried was the Earl of Worcester Lord Privyseal, The persons of the Jury. the Earl of Pmebroke Chamberlain, the Earls of Rutland, Sussex, Montgomery, and Hartford; the Viscount Lisle, the Lord Souch, Warden of the Cinque Ports, the Lord Willowby of Eresby, the Lord Dacres, the Lord Monteagle, the Lord Wtentworth, the Lord Rich, the Lord willowby of Parham, the Lord Hansdon, the Lord Russell, the Lord Compton, the Lord Norris, the Lord Gerard, the Lord Cavendish, and the Lord Dormer. With the Lady there was not much ado, for she with many tears confessing the fact desired mercy. The Earl who was the next day presented before the Judges made some defences, but the confessions of those that were executed, and a letter he had sent to his Majesty did so clearly convincehim of being accessary to the crime at least, The Earl and his Lady convicted and sentenced. that they were both sentenced to be taken to the Tower of London, and from thence to the place of execution and hanged till they were dead. It was a foul and hateful fact on the Earls part especially, who did betray his friend for satisfying the appetite of a revengeful woman, yet by his Majesty's clemency the lives of both were afterwards spared. A new business was about the same time made by the Marquis of Huntly, some eight years before he had been excommunicated, The Marquis of Huntly called before the Commissioners. and giving hopes from time to time of his reconcilement, did not only frustrate the same, but breaking out in open insolences, had caused his officers discharge his Tenants from hearing the Sermons of some Ministers, with whom he made show to offend. Being for this called before the high Commission, He is Committed. he was committed in the Castle of Edinburgh, and had not remained there two or three days, when upon the Chancellors warrant he was put to liberty. He is released by the Chancellor. The Bishops that were in Town complaining to himself of that he had done, were disdainfully answered, That he might enlarge without their advice any that were imprisoned by the high Commission; and when it was told that the Church would take this ill, said, that he cared not what their Church thought of him: whereupon the Ministers made great exclamations in the pulpits as against one that abused his place and power. Complaints hereupon were sent from all hands to the King. The Bishops complain to his Majesty. The Bishops complained of the Chancellor his usurping upon the Commission, and to this effect directed Alexander Bishop of Cathnes to Court. The Chancellor complained of the turbulence of the Ministers, and the liberty they took to censure the public actions of Statesmen in their Sermons. The Marquis upon a suit he made before his imprisonment, had obtained licence to come unto Court, and had taken his journey thither. But the King upon the Clergies complaint, A Command to the Marquis to return to his ward. sent Mr. Patrick Hamilton, then waiting as Secretary deputy at Court, to command the Marquis to return and enter himself in the Castle of Edinburgh, for satisfying the high Commission; withal he carried a letter to the Council sharply rebuking them for releasing the Marquis, he being warded by the Lords of the Commission. The Gentleman meeting the Marquis at Huntingdon, within a day's journey to London, The Marquis permitted to come to Court did use his message, who entreated him to go back, and show the King that he was come to give his Majesty satisfaction in every thing he would enjoin, and to beseech his Majesty since he was so far on his journey, not to deny him his presence. The offer of satisfaction pleased the King very well, and permitting him to come forward to Court, directed him to the Archbishop of Canterbury, with whom he offered to communicate. His excommunication standing in the way, and it being contrary to the Canons, that one excommunicated by the Church, should without their consent who had so sentenced him, be absolved in another, it was a while doubted what course they should take. The King on the one side was desirous to win him home, and on the other loath to infringe the Order of the Church, yet inclining to have the Marquis absolved, it was thought that the Bishop of Cathnes his consent in the name of the Clergy of Scotland, was a warrant sufficient. Thus the Bishop consenting, the absolution was given him in the Chapel of Lambeth by the Archbishop of Canterbury in this form. Whereas the purpose and intendment of the whole Church of Christ is to win men unto God, The form of the absolution. and frame their souls for heaven, and that there is such an agreement and correspondency betwixt the Churches of Scotland and England, that what the Bishops and Pastors in the one, without any earthly or worldly respect, shall accomplish to satisfy the Christian and charitable end, and desire of the other, cannot be distasteful to either. I therefore finding your earnest entreaty to be loosed from the bond of excommunication, wherewith you stand bound in the Church of Scotland, and well considering the reason and cause of that censure, as also considering your desire on this present day to communicate here with us, for the better effecting of this work of participation of the holy Sacrament of Christ our Saviour his blessed body and blood; do absolve you from the said excommunication, in the name of the Father and of the Son and of the holy Ghost. And beseech the Almighty God, that you may be so directed by the holy Spirit, that you may continue in the truth of his Gospel unto your lives end, and then be made partaker of his everlasting kingdom. How soon it was known that the Marquis was absolved by the Archbishop of Canterbury, His Majesty's letter to the Bishops for justifying the absolution. there were great exceptions taken by the Church, and the same interpreted to be a sort of usurpation: whereof the King being advertised, in a long letter written to the Archbishop of S. Andrews, he did justify the doing by these reasons; First, that in absolving the Marquis nothing was intended to the prejudice of the Church of Scotland, but what was done was out of a Christian necessity, it being needful that the Marquis should be absolved before he was admitted to the participation of the holy Sacrament. Secondly, he willed the Church to consider that his absolution at home was only deferred upon the scruple he made of the Presence of our Saviour in the Sacrament, and that upon his confession swearing and subscriving the other points of Religion they themselves had suspended his excommunication the lawful●nesse whereof he would not dispute but remit the same to the Canonists, yet the suspension standing, it was not much from an absolution. Thirdly, that the absolution given him in England did necessarily imply an acknowledgement of the authority of the Church of Scotland, whereas if the Archbishop of Canterbury had received him to the holy Communion and not first absolved him, being excommunicated by the Church of Scotland, the contempt and neglect had been a great deal greater. Fourthly, that the Marquis being come into England, and make offer to perform whatsoever should be required of him, it was more fit to take him in that disposition then to have delayed it unto his return into Scotland. For these reasons, he said, and especially because all that was done, was with a due acknowledgement, and reservation of the power and independent authority of the Church of Scotland; which the Archbishop of Canterbury had by his own hand testified it was his pleasure, that upon the Marquis his return a full form of absolution should be given him, or a ratification made of that which was done in England; so as neither the Archbishop of Canterbury his doing should be disapproved, as unlawful; nor the same so approved, as it might seem that the Church of Scotland was inferior in any sort to that of England; and that the Archbishop's Letter written to that effect, should be put in record, and kept as a perpetual monument for ages to come. This Letter directed to the Archbishop of S. Andrews, I have thought here meet to be inserted. Salutem in Christo. Because I understand that a General Assembly is shortly to be held at Aberdene, The Archbishop of Canterbury's excuse for the absolution. I cannot but esteem it an office of brotherly love to yield you an account of that great action, which lately befell us here with the Marquis of Huntley. So it was then, that upon the coming up of the said Marquis, his Majesty sharply entreating him for not giving satisfaction to the Church of Scotland, and for a time restraining him from his Royal presence, the Marquis resolving to give his Majesty contentment, did voluntarily proffer to communicate when and wheresoever his Highness should be pleased; whereupon his Majesty being pleased to make known that offer to me, it was held fit to strike the iron whilst it was hot, and that his great work should be accomplished before his Majesty's going to progress; whereunto a good opportunity was offered by the consecration of the Bishop of Chester, which was to be in my Chapel of Lambeth the seventh of this month, at which time a solemn communion was there to be celebrated. The only pause was, that the Marquis being excommunicated by the Church of Scotland, there was in appearance some difficulty how he might be absolved in the Church of England; wherewith his Majesty being acquainted, who wished that it should not be deferred, we grew to this peaceable resolution, which I doubt not your Lordship and the rest of our brethren there will interpret to the best: for first, what was to be performed might be adventured upon, as we esteemed, out of a brotherly correspondency and unity of affection, and not only of any authority; for we well know, that as the Kingdom of Scotland is a free and absolute Monarchy, so the Church of Scotland is entire in itself, and independent upon any other Church. Secondly, we find by the advice of divers Doctors of the Civil law, and men best experienced in things of this nature, that the course of Ecclesiastical proceedings would fairly permit that we might receive to our communion a man excommunicated in another Church, if the said person do declare that he had a purpose hereafter for some time to reside among us, which the Lord Marquis did openly profess that he intended, and I know his Majesty doth desire it; and for my part I rest satisfied, that it can bring no prejudice, but rather contentment unto you, and to that Kingdom. Thirdly, it pleased God the night before the celebration of the sacrament, to send in our brother the Bishop of Cathnes, with whom I taking counsel, his Lordship resolved me, that it was my best way to absolve the Lord Marquis, and assured me that it would be well taken by the Bishops and Pastors of the Church of Scotland. I leave the report of this to my Lord Cathnes himself, who was an eye-witness with what reverence the Marquis did participate of that holy sacrament. For all other circumstances, I doubt not but you shall be certified of them from his Majesty, whose gracious and princely desire is, that this bruised reed should not be broken, but that so great a personage; (whose example may do much good) should be cherished and comforted in his coming forward to God: which I for my part do hope, and firmly believe, that you all will endeavour according to the wisdom and prudence which Almighty God hath given unto you. And thus as your Lordship hath ever been desirous that I should give you the best assistance I could with his Majesty for the reducing or restraining this Nobleman, so you see I have done it with the best discretion I could, which I doubt not but all our brethren with you will take as proceeding from my desire to serve God, and his Majesty, and the whole Church of Scotland. I send you herewith the form which I used in absolving the Lord Marquis in the presence of the Lord Primate of Ireland, the Lord Bishop of London and divers others. And so beseeching the blessing of God upon you all, that in your Assembly with unity of spirit you may proceed, to the honour of Christ and to the beating down of Antichrist and Popery, I leave you to the Almighty. From my house at Croyden, july 23. 1616. This letter being showed to the Clergy and others that were offended with the absolution of the Marquis, The Archbishop's letter giveth some content. gave them content, yet was it resolved that the Marquis (who then was returned from Court) should present a supplication to the general Assembly which was to meet at Aberdene the 13 of August, acknowledging his offence, An Assembly at Aberdene. not despising the admonitions of the Church, and promising to continue in the profession of the truth, and make his children to be educated in the same, and that upon his supplication he should be new absolved according to the form used in the Church of Scotland. This was very solemnly performed the first day of the Assembly, The Marquis of new absolved. the earl of Montrose being then Commissioner for his Majesty. In the Assembly it was ordained, Acts concluded in the Assembly. That for as much as his Majesty had by Proclamation recalled such as were gone forth of the Country to be educated in the Colleges of Jesuits, or other Popish Universities, within the space of a year upon pain to be declared uncapable of succession either to goods or lands; a trial and exact search should be made of all those that were sent or gone into foreign parts within these last ten years, and that every Minister should send a particular note unto his Ordinary of those within his Parish that were gone to follow their studies in places abroad, with their age, profession and families whereunto they appertained, to the end they may be known, and the dangers prevented wherewith their corrupt education did threaten the Church. It was likewise enacted, That no man should be permitted to practise or profess any Physic, unless he had first satisfied the Bishop of the Diocese touching his religion. That a Liturgy or book of Common prayer should be form for the use of the Church; That the Acts of the general Assemblies should be collected and put in form, to serve for Canons to the Church in their Ministration of discipline; That children should be carefully catechised, and confirmed by the Bishops, or in their absence by such as were employed in the visitation of Churches; That Grammar Schools should be established in all Parishes where the same might be conveniently done; And that a Register should be kept of baptisms, marriages and burials by the Minister of every Parish. These Acts being put in form, Commissioners directed to the King from the Assembly. were ordained to be presented to his Majesty by the Archbishop of Glasgow, and Bishop of Rosse, who were sent from the Assembly to entreat his Majesty's confirmation of the thing concluded. By the answer returned, with them, his Majesty's good liking of all that had proceeded in the Assembly, His Majesty's answer returned. was understood; only against the Act of confirming young children by Bishops, he excepted, saying, it was a mere hotch potch, and not so clear as was requisite; and therefore directed the same to be reform; and among the Canons of the Church the Articles following to be inserted. First, Articles craved to be inserted among the Canons. That for the more reverend receiving of the holy Communion the same should be celebrated to the people thereafter kneeling, and not sitting, as had been the custom since the reformation of Religion. 2 If any good Christian visited with sickness, which was taken to be deadly, should desire to receive the Communion at home in his house, the same should not be denied to him, lawful warning being given to the Minister the night before; and three or four of good Religion and conversation, being present to communicate with the sick person; who must provide for a convenient place and all things necessary for the reverend administration of the blessed Sacrament. 3 That the Sacrament of Baptism should not be longer deferred than the next Sunday after the child is born, unless some great and reasonable cause declared and approved by the Minister, do require the same. And that in the case of necessity tried and known to the Minister it should be lawful to administrate Baptism in private houses, the same being always ministered after the form it would have been in the congregation and public declaration thereof made the next Sunday in the Church, to the end the child might be known to have been received into the flock of Christ's fold. 4 Seeing the inestimable benefits received from God by our Lord jesus Christ his birth, passion, resurrection, ascension, and sending down of the Holy Ghost, have been commendably remembered at certain particular days and times by the whole Church of the World, every Minister from thenceforth should keep a commemoration of the said benefits upon these days, and make choice of several and pertinent texts of Scripture, and frame their doctrines and exhortations thereto, rebuking all superstitious observation and licentious profaning of the said times. 5 The Act of confirmation of Children his Majesty desired to be reform in this manner. Seeing the confirmation of Children is for the good education of youth most necessary being reduced to the Primitive integrity, It is thought good that the Minister in every Parish shall catechise all young children of eight years of age, and see that they have knowledge, and be able to rehearse the Lords prayer, the Belief, and ten Commandments, with answers to the questions of the small Catechism used in the Church, and that the Bishops in their visitations shall cause the Children be presented before them, and bless them with prayer for the increase of Grace, and continuance of God his heavenly gifts with them. The difficulty of admitting these Articles being represented in an humble letter to his Majesty by the Archbishop of S. Andrews, Reason's why the Articles could not be inserted among the Canons. and a reason given why the same could not be inserted with the Canons, as having at no time been mentioned to the Church, nor proponed in any of their meetings, he was pleased to forbear the pressing of the same for that time, thinking at his coming into Scotland, which he intended the next Summer, to satisfy such as were scrupulous, and to obtain the Church's consent. Shortly after a letter was sent to the Council, To assure them of the King's resolution to visit the Kingdom, A Proclamation touching the King's purpose to visit the Country. which he said did proceed of a longing he had to see the place of his breeding, a Salmon-like instinct (as he was pleased to call it) and because he knew that evil disposed persons would disperse rumours, as if he came to make alterations in the civil and ecclesiastical Estate, he commanded Proclamation to be made for certifying the subjects of the contrary. It was true, he said, that he desired to do some good at his coming; and to have abuses reform both in the Church and Commonwealth; yet foreseeing the impediments that his good intentions would meet with, and regarding the love of his people no less than their benefit, he would be loath to give them any discontent, and therefore willed all his good subjects to lay aside their jealousies, and accommodate themselves in the best sort they could for his receiving, and the entertainment of the Noblemen of England who were to accompany him in the journey. The Earl of Marre was at that time made Thesaurer, The Earl of Marre made Thesaurer. and Sir Gedeon Murray continued in his depu●ation. A motion had been made a little before, for appointing a Commissioner or Deputy in the Kingdom, which was harkened unto by the King as that which would ease him of many vexations, and in his absence maintain a face of court, and breed a great respect among the people; and so far was that purpose advanced, as both the King had made offer of the place to the Earl of Marre, and he yielded to accept the same: but this breaking out and coming to the Chancellor's knowledge, whether that he desired not to have any in place above himself, or as he pretended wishing the Nobleman's good, he diverted him from accepting that charge, and brought him to embrace the office of Thesaurer as the most profitable, and that which should bring with it a less envy. Sir Gedeon had the intromission withal, as when Somerset was in place and did provide things so carefully and with such foresight, as when the King came he found nothing lacking that was required for a Royal and Princely entertainment. Among other directions sent from the King, A direction for repairing the Chapel. one was for repairing of the Chapel, and some English carpenters employed, who brought with them the portraits of the Apostles to be set in the Pews or Stalls; as they were proceeding in their work, a foolish and idle rumour went, that Images were to be set up in the Chapel: and as people are given to speak the worst, it was current among them, that the Organs came first, now the Images, The Bishops entreat the stay of some carved pictures upon fear of offence. and ere long they should have the Mass. The Bishop of Galloway then Dean of the Chapel moved with these speeches, did pen a letter to the King, entreating his Majesty for the offence that was taken to stay the affixing of these portraits. To this letter he procured the subscriptions of the Archbishop of S. Andrews, the Bishops of Aberdene and Berchin and divers of the Ministers of Edinburgh. The answer returned by the King was full of anger, Ann. 1617. objecting ignorance unto them that could not distinguish betwixt pictures intended for ornament and decoration, His Majesty's answer. and images erected for worship and adoration; and resembling them to the Constable of Castille, who being sent to swear the peace concluded with Spain, when he understood the business was to be performed in the Chapel, where some anthems were to be sung, desired that whatsoever was sung, God's name might not be used in it, and that being forborn he was content they should sing what they listed: just so, said the King, you can endure Lions, Dragons, and Devils to be figured in your Churches, but will not allow the like place to the Patriarches and Apostles. His Majesty always gave order for some other form and staying the erecting of these portraits; which in the same letter he said, was not done for ease of their hearts, or confirming them in their error, but because the work could not be done so quickly in that kind as was first appointed. This letter was of the date at Whitehall, the 13 of March 1617. The King was much laboured to defer his journey to the next year, The King refutech to defer his journey as he was desired. when as he should find things better prepared, but he refusing to hearken to any such motion, made the greater haste, and in the beginning of May came to Berwick, where he was met with divers of the Council, and by their advice the Parliament which had been indicted to the 17 of May prorogued to the 13 of june. All this time intervened, A Parliament in Scotland. the King spent in a progress through the Country, making his entry in the special burgh's after a most Royal manner, and welcomed with all the expressions of joy that could be devised. At the day appointed the Estates were frequently assembled, His Majesty's speech to the Estates. where his Majesty made a long speech for the establishing Religion and justice, neither of which, he said, could be looked for so long as a regard was not had to the Ministers of both. For Religion he complained, That notwithstanding of the long profession of the truth, numbers of Churches remained unplanted, and of those that were planted few or none had any competent maintenance: for this he wished some course to be taken, and certain Commissioners to be chosen for appointing to every Church a perpetual local stipend, such as might suffice to entertain a Minister and make him able to attend on his charge of justice. He discoursed long remembering the pains he had taken as well when he lived among them, as since his going into England, and how he had placed justices and Constables (a most ladable kind of government) for the preserving of peace, and the keeping of the laws in due regard; which he understood, as he said, to be much neglected, partly in default of some that were named to those places, and held it a scorn to be employed in such a charge, and partly by the opposition which the Lords and great men of the Country made unto them, and to their settling: but he would have both the one and other to know that as it was a place of no small honour to be a Minister of the King's justice in the service of the Common wealth; so he did esteem none to deserve better at his hands then they who gave countenance thereto; as on the other part whosoever should show themselves hinderers thereof, should be accounted with him enemies to his Crown, and the quiet of the Kingdom. In end he said, that he had long striven to have the barbarities of the Country which they knew to be too many removed and extinct, and in place thereof Civility and justice established, and that he would still endeavour to do his best that way, till he might say of Scotland as one of the Emperors said of Rome, Inveni lateritiam, relinquo marmoream. The King having closed and the Lords gone apart to choose those that should be upon the Articles, A Trouble in choosing the Lords of the Articles. the humours of some discontented Lords begun to kithe; for whosoever were by the King recommended as fit persons, were passed by as men suspected, and others named who stood worse affected to his Majesty's service. Another question they made for admitting the Officers of State, refusing to admit any but the Chancellor, Thesaurer, and Clerk of the Rolls. This being long and sharply debated, was in end agreed by the admission of the whole number. Among these Articles proponed, Article concerning his Majesty's prerogative in cause's Ecclesiastical. the first was, of his Majesty's authority in causes Ecclesiastical, concerning which it was desired to be enacted, That whatsoever conclusion was taken by his Majesty with advice of the Archbishops and Bishops in matters of external policy, the same should have the power and strength of an Ecclesiastical law. The Bishops interceding did humbly entreat that the Article might be better considered, for that in making of Ecclesiastical laws, the advice and consent of Presbyters was also required. The King replying, That he was not against the taking of Ministers their advice, and that a competent number of the most grave and learned among them should be called to assist the Bishops; but to have matters ruled as they have been in your General Assemblies, I will never agree: for the Bishops must rule the Ministers, and the King rule both, in matters indifferent and not repugnant to the Word of God. So the Article passed in this form, That whatsoever his Majesty should determine in the external government of the Church, with the advice of the Archbishops, Bishops, and a competent number of the Ministry, should have the strength of a law. This coming to the Ministers ears, A stir among the Ministers because of the Article. they began to stir as if the whole Rites and Ceremonies of England were to be brought upon them without their consents; whereupon the Ministers that were in Town were called together, and warned to be quiet, for that such a general Act did not lay upon them any bond; and if any particular was urged, the same should be communicated to them, and nothing concluded without their consents. It was further told them, that there would not be wanting informations enough to stir them up unto unquietness, but they should do well not to irritate his Majesty, whom they knew to be a gracious Prince, and one that would hear reason, and give way to the same. This they did all promise; yet upon the suggestion of some discontented people, the very next day Mr. William Struthers, one of the Ministers of Edinburgh, did unhappily break out in his Sermon upon these matters, condemning the Rites received in the Church of England, and praying God to save Scotland from the same. This reported to the King by some of the English Doctors that were his hearers, he became greatly incensed: But the Ministers not contented with this, did the same day in the afternoon tumultuously convene, and form a Protestation, in the words following: Most gracious and dread Sovereign, The Minister's Protestation. most honourable Lords and remanent Commissioners of this present Parliament; We the Ministers of Christ's evangel, being here convened from all the parts of this your Majesty's Kingdom, do in all reverence and submission entreat your Majesties and honours patient and favourable hearing of this our reasonable and humble supplication; And first it will please your Highness & honourable Estates presently convened to be informed, that we are here a number of the Ministry out of all the parts of the Kingdom, and that the Bishops have protested to a great many of us since our coming that nothing should be agreed nor consented unto by them in this present Parliament, in matters concerning the discipline & order of the Church, without our knowledge and advice, affirming that neither we nor they have any power to consent to any novation, or smallest change of the order established, without the advice of the General Assembly; whereupon we resting in security, have received a sudden report of an Article to pass for a law in the Parliament, decerning and declaring that your Majesty with the advice of the Archbishops, and Bishops, and such a competent number of the Ministry as your Majesty out of your wisdom should think expedient, shall in all time coming have full power to advise and conclude all matters of decency, and which any way may concern the policy of the Church: And that such conclusions shall have the strength and power of laws Ecclesiastical; wherein it will please your Majesty and honourable Estates to hear our own just griefs, and to consider our reasonable desires, and not to put us your Majesty's humble subjects to that poor and simple part of protestation. Which if remedy be not provided, we shall be forced to use for the freedom of our Church and discharge of our consciences. We than first plead our reformation, and that the purity of our Church in doctrine, ministration of the sacraments, discipline and all convenient order with the best reformed Churches in Europe, hath been acknowledged rather as a pattern to be followed of others, then that we should seek our reformation from those that never attained to that perfection, which we by the mercy of God this long time past have enjoyed under your Highness' protection. Next, we plead the liberty of our Church, which by the laws of your Majesty's Kingdom and divers Acts of Parliament, is established with power of public meetings and annual Assemblies, and allowance to make Canons and constitutions, such as may serve for the comely order thereof, all which by this conclusion that is intended will be utterly overthrown. Thirdly, we plead for the peace and tranquillity of our Church, that being nearest the Divine and Apostolical institution hath lived without schism, and rend in the self; and by introduction of any novelty against order, may be miserably divided, and so our peace broken. Fourthly, we have been at divers times sufficiently secured from all suspicions of innovation, and specially by your Majesty's Letter, sent down this last Winter, to take away all fear of any alteration which might arise upon your Majesties lovingly intended journey; which Letter by your Majesty's special will and direction of your Highness' Council, was intimated in pulpits; as also by that Proclamation given out the 26 of September 1616, when rumours of an intended conformity with the Church of England were dispersed: whereby your Majesty sufficiently avoided all such suspicion, and settled the hearts of honest men in a confidence that no such thing should be attempted. These, and many other reasons have moved us in all reverence by this our humble supplication to entreat, your Highness, and honourable Estates, not to suffer the aforenamed Article, or any other prejudicial to our former liberties, to pass at this time, to the grief of this poor Church; that the universal hope of thousands in this land, who rejoiced at your Majesty's happy arrival, be not turned into mourning; wherein as we we are earnest supplicants to God, to incline your Majesty's heart this way, as the most expedient for the honour of God, and well of your subjects, so if we shall be frustrated of this our reasonable desire, then do we in all humility, (with that dutiful acknowledgement of our loyalty to your Majesty, as becometh) protest for ourselves and all our brethren that shall adhere to this our Protestation, that as we are free of the same, so must we be forced rather to incur the censure of your Majesty's law, then to admit or obtemper any imposition that shall not flow from the Church orderly convened, or others having power from the same. This Protestation was subscribed by Mr. Archibald Sympson Minister at Dalkeith, The subscrivers of the Protestation. in name of the brethren and supplicants. In another paper, the Ministers who were present set down their names each of them with his own hand, for a testimony of their concurrence, which was committed to the said Mr. Archibald in custody. But as it falleth out in things unadvisedly done, and in the heat of humour, the principals in that business quickly forthinking that which they had done, came the next morning early to the Archbishop of S. Andrews, entreating him to stop the presenting thereof, which he showed he might easily do by taking the same from Mr. Peter Hewet, in whose hand it was given to present. This man being one of the Ministers of Edinburgh had lately before been preferred to the Abbacy of Crossragwell, and having thereby a place in the Parliament house, Mr. Peter Hewet undertakes the presenting of the Protestation. was held the most fitting to present the Protestation, which he willingly undertook; for he loved ever to be meddling, and was always set to make trouble. The Parliament was that day to close, and the Archbishop knowing how ill the King would take their doing, went the more timely to the Palace, where meeting with the Abbot, he asked him concerning the Protestation, desiring to see it; and having perused a few lines began to rebuke him for taking in hand such a business; he making some excuse, and saying, it was a Protestation only which could not offend, put forth his hand to take back the paper; but the Archbishop holding it fast, the Protestation was near rend betwixt them. It happened one of the Grooms (called john Levingston) to see them at strife, for they had met in the private gallery, near to his Majesty's chamber, who showing the King what he had seen; his Majesty came forth being as yet undressed, and asked what the matter was? The Archbishop answered, That a number of Ministers having framed a Protestation against the Article of his Majesty's Prerogative, had given it to the man that he had made Abbot to present, and that he had undertaken to do the same, for which he had been chiding him, it being an undutiful part in him without signifying the matter to his Ordinary to take such a business in hand. The man falling upon his knees, and trembling, said, That he supposed the Protestation would never offend his Majesty, and that he had promised to present the same in Parliament; but now that it appeared to him otherwise, he would no more meddle therewith. The King taking the Protestation, and perceiving it subscribed by one only Minister, inquired who these others were that convened. The Abbot answered, that they had all signed a paper besides, which the subscriver kept by him for his warrant. Then the King commanding the Bishop to keep the Protestation, went to prepare himself for the meeting, and suspecting that some other might come and protest against the Article, commanded the Register Sir George Hay (who upon the death of Sir Alexander Hay had been preferred to the office the year before) to pass by that Article as a thing no way necessary, The Clerk of Register commanded to pass by the Article of Prerogative. the prerogative of his Crown bearing him to more than was declared by it. Thus when the hour of meeting came, the Register, as he was commanded, laying by that Article, caused read the others that were concluded, as the custom is, and the same being assented to by the Estates, were ratified by his Majesty. Thereafter the King in a most grave speech having commended the execution of the laws made to the Judges and other inferior Magistrates, gave the Estates a most kind and loving farewell. The same night the Bishops had warning given them to meet his Majesty at S. Andrews the tenth of july, The Bishops warned to meet at S. Andrews. whither he minded to call the principal Ministers also, that they might know his mind before he went away. The Diet held as was appointed, and there assembled with the Bishops, the Ministers of chief account to the number of thirty six, who being convened in the Chapel of the Castle, the King did speak to them to this purpose. What and how great my care hath been for this Church as well before as since my going into England, His Majesty's speech at the meeting. is so well known to you all, as I neither need, nor do I mean to speak much of it, lest any should think I am seeking thanks for that I have done. It sufficeth me, that God knows my intention is, and ever was to have his true worship maintained, and a decent and comely order established in the Church. But of you I must complain, and of your causeless jealousies, even when my meaning towards you is best. Before my coming home to visit this Kingdom, being advertised that in your last Assembly an Act was made for gathering the Acts of the Church, and putting them in form, I desired a few Articles to be inserted; one was for the yearly comemoration of our Saviour his greatest blessings bestowed upon mankind, as his Nativity, 〈◊〉, Resurrection, Ascension, and the descent of the holy Spirit. Another for the private use of both Sacraments, in urgent and necessary cases. A third for the reverend administration of his holy Supper. And a fourth for Catechising and Confirming young Children by Bishops. It was answered, that these particulars had not been moved in any of the Church Assemblies, and so could not be inserted with the rest; which excuse I admitted, and was not minded to press them any more till you after advice did give consent thereto; yet when in the late Parliament I desired my prerogative to be declared in the making of the Ecclesiastical laws, certain of your number did mutinously assemble themselves, and form a Protestation to cross my just desires. But I will pass that among many other wrongs I have received at your hands: the errand for which I have now called you, is, to hear what your scruples are in these points, and the reasons, if any you have, why the same ought not to be admitted. I mean not to do any thing against reason; and on the other part my demands being just and religious, you must not think that I will be refused or resisted. It is a power innated and a special prerogative which we that are Christian Kings have, to order and dispose of external things in the policy of the Church, as we by advice of our Bishops shall find most fitting; and for your approving or disapproving, deceive not yourselves, I will never regard it, unless you bring me a reason which I cannot answer. The Ministers at these words falling on their knees did beseech his Majesty to think of them as his most humble and obedient subjects, The Ministers promise obedience upon permission of a general Assembly. and to permit them to confer a little space among themselves that they might return with an uniform answer. This granted, they went to the parish Church, and after some two hours returned, making petition for a general Assembly, wherein these Articles being proponed might be with a common consent received. The King ask what assurance he might have of their consenting; they answered, that they found no reason to the contrary, and knew the Assembly would yield to any reasonable thing demanded by his Majesty. But if it fall out otherwise, said the King, and that the Articles be refused, my difficulty shall be greater, and when I shall use my authority in establishing them, they shall call me a tyrant and persecutor. All crying that none could be so mad as to speak so: Yet experience, says the King, tells me it may be so; therefore unless I be made sure, I will not give way to an Assembly. Mr. Patrick Galloway saying, that the Bishop of S. Andrews should answer for them: the Bishop refused, for that he had been deceived by them, they having against their promise in the time of Parliament taken the course which they did. Then said Mr. Patrick. If your Majesty will trust me, I will assure for the Ministers. The King replying that he would trust him; it was condescended that an Assembly should be called for that end at S. Andrews the 25. of November next. Mr. Archibald Sympson the subscriber of the Protestation had been called to the meeting, Mr. Ar●hibald Sympson and Mr. David Catherwood committed. but falling sick by the way, he excused himself by a letter, and therein was very earnest to have the brethren oppose the Articles which he called tricas Anglicanas, using some other disdainful words. The letter being showed to the King he asked for the bearer. This was Mr. David Catherwood, who carrying himself unreverently, and breaking forth into speeches not becoming a subject, was committed in the Town house of S. Andrews, and afterwards banished the kingdom. Sympson for his letter was warded in the Castle of Edinburgh, where he remained unto December following. The King after this taking his Journey to London by the west parts, The King departeth towards London. was all the way through Scotland royally entertained, and at Dumfreis had a farewell Sermon preached by the Bishop of Galloway, which made the hearers burst out in many tears. When the diet of the Assembly came, An assembly at S. Andrews. the Earl of Hadington, and Viscount of Stormont were sent thither, as Commissioners from his Majesty; the Archbishop made the exhortation, wherein having deduced the Story of the Church from the time of reformation, he showed that the greatest hindrance the Church received, proceeded from the Ministers themselves, who for the pleasure of ill disposed people spared not to provoke his Majesty to just anger: exhorting them for the glory of God, the honour of the Gospel and their own good, to take another course, and prefer the favour of their King, under whom they enjoyed so many blessings, to the vain applause of factious persons. It seemed at first, that matters should have gone well; for the first two days there was much calmness, and the reasoning very formal and free, but then upon a motion to delay the conclusion to another Assembly, The Assembly inclineth to a delay. that the Ministers might have time to inform the people of the equity of the Articles, the greater part went that way, and all almost cried for a delay. His Majesty's Commissioners declaring that the King would take in ill part the delay, The Commissioners obtain a grant of private Communion. and that nothing should be done considering the promises they had made, if a general Assembly should be granted to receive the whole Articles, a fashion was made to a condescending to private Communion, and the Ministers ordained to give the elements in the ministration of the holy Supper out of their own hands to the people: which two acts with a letter of excuse for the continuance of the rest, were sent to his Majesty; how the same was excepted, may appear by the answer that came a few days after, which was this. We have received your letter, The King offended with the Assemblies proceedings writeth to the two Archbishops. and thereby understand what your proceedings have been in that Assembly of S. Andrews; concerning which we will have you know, that we are come to that age, as we will not be content to be fed with broth, as one of your Coat was wont to speak, and think this your doing a disgrace no less than the protestation itself. Wherefore it is our pleasure, and we command you as you will avoid our highest displeasure, the one of you by your Deputy in S. Andrews and by yourself in Edinburgh, and the other of you in Glasgow, keep Christmas day precisely, yourselves preaching, and choosing your Texts according to the time. And likewise that ye discharge all modification of Stipends for this year to any Minister whatsoever, such excepted as have testified their affection to our service at this time by furthering at their power the acceptation of the Articles proposed, and in the premises willing you not to fail we bid you farewell. Newmarket the 6 of December. 1616. In a postscript to the same letter it was said, So many Bishops as you can get warned in time to preach at their Seas on Christmas day, urge them to it. Thus much in haste for this time, after two or three days ye shall hear further from us. With his Majesties own hand after all was written; 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. This letter was directed to the Archbishops of S. Andrews and Glasgow, Another letter to the Archbishop of S. Andrews. the other which followeth to S. Andrews him alone. After we had commanded the dispatch of our other letter, we received an extract concluded (we know not how) in your Assembly, and subscribed by the Clerk thereof. The one concerning private Communion, and the other concerning the form to be used at the receiving of the holy Sacrament; both so hedged and conceived in so ridiculous a manner, as besides that of the whole Articles proponed, these two were the least necessary to have been urged, and hastened. The scornful condition and form of their grant makes us justly wish that they had been refused with the rest: for in the first concerning the Communion allowed to sick persons, besides the number required to receive with such patients, and a necessity tying them upon oath to declare that they truly think not to recover, but to die of that disease, they are yet further hedged in with a necessity to receive the Sacrament (in case foresaid to be ministered unto them) in a convenient room; which what it importeth we cannot guests, seeing no room can be so convenient for a sick man (sworn to die) as his bed, and that it were injurious and inhuman from thence in any case to transport him, were the room never so neat and handsome, to which they should carry him. And as to that other Act ordaining the Minister himself to give the Elements in the celebration out of his own hand to every one of the Communicants; and that he may perform this the more commodiously, by the advice of the Magistrates and honest men of his Session, to prepare a Table, at which the same may be conveniently ministered; Truly in this we must say that the Ministers ease and commodious sitting on his tail, hath been more looked to, then that knee eling, which for reverence we directly required to be enjoined to the receivers of so divine a Sacrament; neither can we conceive what should be meant by that Table, unless they mean to make a round Table (as did the Jews) to sit and receive it. In conclusion, seeing either we and this Church here must be held Idolatrous in this point of kneeling, or they reputed rebellions knaves in refusing the same, and that the two foresaid Acts are conceived so scornfully, and so far from our meaning; it is our pleasure that the same be altogether suppressed, and that no effect follow thereupon. So we bid you farewell. Newmarket the 11 of December. 1617. These letters were accompanied with another to the Council for inhibiting the payment of Stipends to any of the rebellious Ministers refusers of the said Articles either in Burgh or Landwart, Letters to the Council for inhibiting the payment of Stipends. till they show their conformity, and that the same was testified by the subscriptions of the Primate or ordinary Bishop. Which letters being showed to the Ministers of Edinburgh and others that happened to repair to that City for augmentation of stipends, did cast them into a great fear, and repenting their wilfulness, as they had reason, became requesters to the Archbishop of S. Andrews to preach as he was commanded on Christmas day at Edinburgh, trusting his Majesty should be mitigated by his obedience, and intercession for the rest. Neither did he fail to use his best means for diverting the King from these rigorous courses, and after a little time (so loath was his Majesty to exerce any rigour against Ministers) obtained a warrant for staying the execution of the former letters, till their behaviour should be tried in the particular Synods, and their disposition for accepting the Articles. Mr. Archibald Sympson, Mr. Archibald Sympson put to liberty. who all this while remained prisoner in the Castle of Edinburgh, hearing that the King was so greatly displeased, did supplicate the Lords of his Majesty's Commission (by whose command he was committed) for liberty, promising not to fall again in the like errors and professing a great sorrow for his meddling with the Protestation, as likewise for writing that letter wherein he had taxed the Church of England. Being brought before the Commission, after he had set his hand to his supplication, he was permitted to return to his charge at Dalkeith. His inconstancy and change. Yet ere many days passed, finding the countenances of the holy brethren cast down upon him, he dispersed an Apologetic (as he entitled it) wherein making a gloss upon every word of his confession he concluded, that whatsoever weakness or frailty had befallen him, he hoped to be like Peter, qui ore negavit, & cord confessus est, and never to betray the Lords cause with judas. This I have remembered by the way, to make the humours of these men seen, and the small regard they take of saying, and gainsaying, when it maketh for their purpose. But to proceed; the Bishops upon advertisement given them convened at Edinburgh the 29 of january, and considering the hurt that the Church might receive, if the Commission granted in Parliament for provision of Ministers (which was to expire at Lambmas next) should take no effect, did by a common letter entreat his Majesty for a warrant to proceed in that Commission, giving hopes that in their Synods they should induce the Ministers to obey. The answer returned in February next, A warrant to proceed with the Commission of Stipends. was to this effect. That howbeit his Majesty did interpret well their doings, as intended to the good of his service, yet considering the obstinate resistance of the Ministers to all his just and religious desires, he could not expect any thing from them in their meetings, but a further expression of their former misbehaviour. Nottheless as he had once already, upon the Archbishop of S. Andrews his entreaty, suspended the execution of his last directions, so at their requests he was pleased that the Commissioners for Stipends should meet and go on with the providing of Churches, they in the mean time in their own persons, and in their own cathedrals observing the festivities that should intervene between and the Synods, and ministering the holy Communion with the reverence required, at the feast of Easter next. Thus were matters pacified for that time, and the Commission for augmentation of Stipends by the warrant of this letter put in practice. Most of the next summer was spent in that work, but with greater detriment than benefit to the Church; for what augmentation soever was granted, the same was recompensed to the givers by prorogation of their former leases for numbers of years, and thereby the Church more damnified then bettered. In the Synods all things were carried with reasonable quietness, A general Assembly indicted at Perth. so as upon the Bishop's humble requests licence was granted for meeting in a general Assembly, and the same indicted at Perth the 25 of August. The Lords Hadington, Carnegy and Scone were Commissioners in this Assembly for the King, who upon the end of the Sermon, presented his Majesty's Letter conceived as followeth. We were once fully resolved never in our time to have called any more Assemblies here for ordering things concerning the policy of the Church, His Majesty's Letter to the Assembly. by reason of the disgrace offered unto us in that late meeting of S. Andrews, wherein our just and godly desires were not only neglected, but some of the Articles concluded in that scornful manner, as we wish they had been refused with the rest: yet at this time we have suffered ourselves to be entreated by you our Bishops for a new Convocation, and have called you together who are now convened, for the self same business which then was urged, hoping assuredly that you will have some better regard to our desires, and not permit the unruly and ignorant multitude, after their wont custom, to oversway the better and more judicious sort in evil, which we have gone about with much pains to have had amended in these Assemblies, and for that purpose, according to God's ordinance and the constant practice of all well governed Churches, we have placed you that are Bishops and overseers of the rest in the chiefest rooms. You plead much we perceive to have things done by consent of Ministers, and tell us often, that what concerneth the Church in general, should be concluded by the advice of the whole: neither do we altogether dislike your opinion, for the greater is your consent, the better are we contented. But we will not have you to think, that matters proponed by us of the nature whereof these Articles are, may not without such a general consent be enjoined by our authority. This were a misknowing of your places, and withal a disclaiming of that innate power which we have by our calling from God, whereby we have place to dispose of things external in the Church, as we shall think them to be convenient & profitable for advancing true religion among our subjects. Wherefore let it be your care by all manner of wise & discreet persuasions to induce them to an obedient yielding to these things, as in duty both to God and us they are bound; and do not think we will be satisfied with delays, mitigations and other we know not what shifts have been proponed; for we will not be content with any thing, but a simple and direct acceptation of these Articles in the form sent by us unto you a long time past, considering both the lawfulness and undeniable convenience of them, for the better furtherance of piety and Religion, the establishing whereof it had rather have becomed you to beg of us, then that we should have needed thus to urge the practice of them upon you. These matters indeed concern you of the Ecclesiastical charge chiefly; neither would we have called Noblemen, Barons and others of our good subjects to the determination of them, but that we understand the offence of people that have been so much objected, wherein you must bear with us to say, that no Kingdom doth breed, or hath at this time more loving, dutiful, and obedient subjects than we have in that our native kingdom of Scotland; and so if any disposition hath appeared to the contrary in any of them, we hold the same to have proceeded from among you, albeit of all sorts of men ye are they, that both of duty were bound, and by particular benefits obliged to have continued yourselves, and confirmed others by sound doctrine and exemplary life in a reverend obedience to our commandments. 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 should have kept himself from falling in utter dislike with the profession itself, An. 1618. considering the many provocations that were given unto us: but the love of God and his truth still upheld us, and will by his grace so do unto the end of our life, our patience always in forgetting and forgiving of many faults of that sort, and constant maintaining of true Religion against the adversaries (by whose hateful practices we live in greater peril than you all or any of you) should have produced better effect among you, then continual resistance of our best purposes, we wish that we be no more provoked, nor the truth of God which you teach and profess, any longer slandered, by such as under the cloak of seeming holiness walk disorderly amongst you, shaking hands as it were and joining in this their disobedience to Magistracy, with the upholders of Popery. In sum, our hearty desire is, that at this time you make the world see by your proceedings what a dutiful respect you bear to us your Sovereign Prince and natural King and Lord, that as we in love and care are never wanting to you, so ye in an humble submission to our so just demands be not found inferior to others our subjects in any of our kingdoms: and that the care and zeal of the good of God's Church, and of the advancing of piety and truth, doth chiefly incite us to the following of these matters, God is our witness; the which that it may be before your eyes, and that according to your callings you may strive in your particular places, and in this general meeting to do these things which may best serve to the promoving of the Gospel of Christ, even our prayers are earnest to God for you, requiring you in this and other things to credit the bearer hereof our servant and Chaplain the Dean of Winchester, whom we have expressly sent thither, that he may bring unto us a certain relation of the particular carriages of all matters and of the happy event of your meeting, which by God's blessing (who is the God of order, peace and truth) we do assuredly expect, unto whose gracious direction we commend you now and for ever. Given at Theobalds' the 10 of july 1616. The Letter being read once and again, The five Artiticles concluded. as the custom is with letters of such importance, the Archbishop of S. Andrews resumed shortly the heads thereof, advising them as he had done in his exhortation, to consider the inconveniencies they should draw upon the Church by the refusal of the Articles. After which the rolls being called, certain of the most wise and discreet Ministers, were set apart to confer upon the Articles. How matters proceeded in the said Assembly, you may learn by the Defence afterward published, in answer to a lying and seditious pamphlet that came forth in print against the conclusions there taken. To our story it shall suffice that after long reasoning, first in the conference, and then in the full Assembly, the Articles were concluded in this form. 1 Seeing we are commanded by God himself, Article for kneeling. that when we come to worship him, we fall down and kneel before the Lord our maker, and considering with all that there is no part of divine worship more heavenly and spiritual, then is the holy receiving of the blessed body & blood of our Lord and Saviour jesus Christ, like as the most humble & reverend gesture of our body in our meditation and the lifting up of our hearts best becometh so divine and sacred an action; therefore notwithstanding that our Church hath used since the reformation of Religion to celebrate the holy communion to the people 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 by past superstitions is passed, in reverence of God and in due regard of so divine a Mystery, and in remembrance of so mystical an union, as we are made partakers of; the Assembly thinketh good, that the blessed Sacrament be celebrated hereafter meekly and reverently upon their knees. 2 If any good Christian visited with long sickness and known to the Pastor, Private Communion. by reason of his present infirmity be unable to resort to the Church for receiving the holy communion, or being sick, shall declare to 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, and 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 convenient place in his house, and all things necessary for the reverend administration thereof according to the order prescribed in the Church. 3 Item, Private Biptisme. The Minister shall often admonish 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 continued. As also they shall warn them that without great cause they procure not their children to be baptised at home in their houses, but when great need shall compel them to baptise 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) than Baptism shall be administered after the same form as it should have been in the congregation: and the Minister shall the next Lord's day after any such private baptism declare in the Church that the infant was so baptised, and therefore aught to be received as one of the true flock of Christ's fold. 4 For as much as one of the special means for staying the increase of Popery, Confirmation of Children▪ and settling of true Religion in the hearts of people is, that a special care be taken of young children, their education, and how they are catechised, which in time of the Primitive Church most carefully was attended as being most profitable to cause young children in their tender years drink in the knowledge of God and his Religion, but is now altogether neglected, in respect of the great abuse and errors, which crept into the Popish Church by making thereof a Sacrament of Confirmation; therefore that all superstitions built thereupon may be rescinded, and that the matter itself being most necessary for the Education of youth, may be reduced to the Primitive integrity, it is thought good that the Minister in every parish should catechise all young children of eight years of age; and see that they have the knowledge, and be able to make rehearsal of the Lords Prayer, Belief & ten Commandments, with answers to the Questions of the small Catechism used in our Church: & that every Bishop in his visitation shall censure the Minister, who shall be found remiss therein; & the said Bishops shall cause the said children to be presented before them, & bless them with prayer for the increase of their knowledge, & the continuance of God's heavenly graces with every one of them. 5 As we abhor the superstitious observation of Festival days by the Papists, Observation of Festivities. and detest all licentious and profane abuses thereof, by the common sort of professors; so we think that the inestimable benefits received from God by our Lord jesus Christ, his birth, passion, resurrection, ascension, and sending down of the holy Ghost was commendably, and godly remembered at certain particular days and times by the whole Church of the world, and may also be now: therefore the Assembly admitteth 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. These Articles concluded, The Articles ordained to be intimated in all Churches. order was given to intimate the same in all the parish Churches, and the Ministers enjoined to inform their people of the lawfulness thereof, and exhort them to obedience. But this being neglected of the greater part, was not the least cause of the distractions that ensued, especially in the Church of Edinburgh, where the people being still fostered in an opinion that their Ministers would not go from their former practice, when they saw them give obedience withdrew themselves in great numbers, and ran to seek the Communion from other Ministers they knew to be refractory. His Majesty always upon advertisement that the Articles were concluded, caused publish the same at the Mercat Cross of the principal burghs, commanding the subjects to obey and conform themselves under the pain of his Highness' displeasure. At the same time the King being informed that the Earl of Argile (who the summer preceding had obtained licence upon a pretext of some infirmity to go unto the Spadan Wells) was revolted from the Religion, The Earl of Argile falleth from his profession. and that he entertained some secret practice with old Mackrannald for disturbing the Country, did recall his licence, and ordained him to be cited upon threescore days to appear before the Council. He not appearing at the time appointed was denounced Rebel, and process of forfeiture intended against; him whether he was perverted by his English Lady who was Popish, or that to gain the favour of Spain he did change his religion, is doubtful, but thereby he lost his Majesty's favour (who could never endure an apostate Papist) and undid his own reputation. Some ten years after he made means for his peace, and was permitted to return unto England. In the month of November a Comet or blazing star of more than ordinary bigness, A Comet or blazing Star. shined many nights together. It was held to portend great calamities, and was interpreted by divers to have foreshowed the troubles that shortly after arose in Germany; But as every one is ready to make his own construction of such things, Queen Anne dieth. some with us did take it to foretell the death of our noble Queen Anne, who deceased some months after, to the great regrate of all honest subjects; a courteous and humane Princess, and one in whom there was much goodness. It was in this year that the Synod in Dordrecht in Holland was gathered for repressing the Arminians, Ann. 1619. and thither did the troublers of our Church (thinking to procure their approbation) direct a relation of the Government of the Scotish Church. The Synod of Dordrecht said to have condemned the five articles of Perth. But the Synod declining all questions of discipline, held themselves to the points of doctrine controverted, and having condemned the five articles wherein the Arminians dissented from the reformed Churches, the acts of Perth Assembly being also five in number, it was given out among the vulgar sort, that they had condemned the Synod of Perth, and for a time was the people entertained by some Ministers in those conceits. The relation was confuted a little after, and the falsehood thereof discovered; yet they ceased not by their Libels and Pamphlets, to injure the most worthy men, and among others the Bishop of Galloway, whom they vexed so with their Papers, The Bishop of Galloway dieth. as he taking the business more to heart than was needful, fell in a sickness whereof he deceased in the beginning of the same year. An excellent and ready Preacher he was, and a singular good man, but one that affected too much the applause of the popular. The good opinion of the people is to be desired, if it may be had lawfully; but when it cannot be obtained (as who is he that can please all men, and at all times?) the testimony of a well informed conscience should suffice. Mala opinio bene parta delectat, said Seneca, An ill opinion well purchased, (that is, for sustaining a good cause, or keeping a strait course) should work us joy and delight, not grieve us at all. Upon the death of Mr. William Cowper, The Bishop of Brichen translated to Galloway. Mr. Andrew Lamb was translated to Galloway, to whom succeeded in Brichen Mr. David Lindsay, than Minister at Dundy. At Edinburgh between the Magistrates and Ministers a great strife and discontent was raised, because of the People's straying from their Churches, at which the Magistrates were thought to connive. A distraction betwixt the Ministers and Magistrates of Edinburgh. Their usurpation besides in Church affairs, especially the intending of a Clerk upon the Church Session, did minister no small cause of offence. The matter was brought before the King, where in behalf of the Ministers it was said, That they were unkindly used for the obedience given to the Acts of Perth Assembly; the Magistrates by their Commissioner did on the other side inform, That the Ministers were the cause of the people's disobedience, some of them having directly preached against the Acts of Perth, and all of them affirmed that these Acts were concluded against their hearts. His Majesty remitting the trial of these complaints to his Secretary and to the Archbishops of S. Andrews and Glasgow, The disorder pacified. when as they had examined the same, it appeared that both the one and the other were in fault, and that the mistake among them were not the least cause of the disorders in that Church, whereupon they were admonished to lay aside their grudges and to keep one course for the retaining the people in the obedience of God and his Majesty. Four other Ministers planted at Edinburgh. The Magistrates and Council were likewise commanded, as the King had given direction, to provide four other Ministers, besides those that were in present service, and perfect the division of the Town in Parishes, which had been often promised. And so shortly after this, were Mr. William Forbes Minister at Aberdene, Mr. john Guthry Minister at Perth, Mr. john Maxwell Minister at Murchlack, and Mr. Alexander Thomson Minister at Cambuslang translated from their several Churches and placed Ministers at Edinburgh. The next year beginning the year 1620 the wars of Bohem●a growing hot, An. 1620. and the Palatinate invaded, the King took in mind the defence of his daughter and grandchilds in their Patrimony, A contribution required for defence of the Palatinate. and because a supply of money was required to such a business, the Council was desired to travel with the Noblemen the Members of Session, and the Town of Edinburgh for a voluntary contribution, knowing that others by their example would be drawn thereto. The Noblemen meeting to this effect the 24 of November expressed a great forwardness to satisfy his Majesty's desire, yet fearing that all the contributions when they were brought together should prove unworthy, advised the Council rather to call a Parliament and impose upon the subjects by way of Tax a reasonable proportion according to the wealth and substance that every man had. This being signified to the King he refused to have any supply by Tax, for he considered that the collection would require a time, and a burden should that way be cast upon the Commons, and poor labourers of the ground, which would make an outcrying among the people: therefore he desired as before, that Noblemen, and those others he had named in his first letter, should be urged to show their liberality. A new meeting for this business being kept in january there after, Ann. 1621. divers overtures were made for giving his Majesty content; A Parliament desired by the estates. The Noblemen that were present made offer to give a benevolent according to their abilities; and divers of their rank being minors, and others abroad in their travels, they saw not who would undertake for them. The Town of Edinburgh being pressed with an answer excused themselves as being one Burgh only, and lacking the concurrence of the rest, without which any supply they could make would be of little worth. The Advocates, Clerks, and other members of the Session gave in effect the like answer, so as they were forced to turn unto the first overture for a Parliament. And for that the difficulties of the contribution could not so well be expressed by letter, it was thought meet that one of the Council should be sent to inform his Majesty of the reasons, and necessity they had to call a Parliament. This employment being laid upon the Archbishop of S. Andrews he took journey about the end of the same month, and obtained after a little insisting his Majesties warrant for a Parliament; thus was it indicted to keep at Edinburgh the first of june, and prorogued to the 23 of july thereafter. In this mean time it happened that Sir Gedeon Murray Thesaurer deputy being then at Court, Sir Gideon Murray his death. an information was made against him for abusing his office to the King's prejudice. The informer was james Stuart styled the Lord Ochiltry, who out of malice carried to the Gentleman for the strictness which he had used in calling him to an account for the duties of Orkney, made offer to justify the accusation; and by the assistance of some of better credit than himself, prevailed so far, that the matter was remitted to the trial of certain Counsellors at home; the Gentleman being of a great spirit, and taking impatiently that his fidelity, whereof he had given so great proof, should be called in question upon the information of a malicious enemy, by the way as he returned from Court, did contract such a deep melancholy as neither counsel, nor comfort could reclaim him, so far was he overgone that no advice given by friends, nor offer of their assistance, nor the company and counsel of any whomsoever could reduce him to his wont estate; And so after he came to Edinburgh within a few days departed this life. It was not doubted, if he should have patiently attended the trial, but he had been cleared, and the accusation proved a mere calumny; nor was it thought that the King did trust the information, but only desired to have the honesty of his servant appear, yet such was his weakness (courage I cannot call it) as giving scope to his passions of anger and grief, he suffered himself to be therewith oppressed. By his death the King did lose a good servant as ever he had in that charge; and did sore forethink that he should have given ear to such delations. But of that pestilent sort some will never be wanting in the Courts of Princes, and happy is the King that can rid himself of liars in that kind. The Gentleman always died happily, and had his corpse interred in the Church of Halyrudhouse. The time of Parliament drawing near, the Marquis of Hamilton was employed as Commissioner for keeping the same; at his first coming having understood the business that some turbulent Ministers were making to impede the ratification of the Acts of Perth Assembly, The Marquis of Hamilton keepeth the Parliament. he caused discharge all the Ministers out of the Town, the ordinary Preachers excepted, and two of the number that would not be made quiet, he sent prisoners to Dumbarton: all that time he did carry himself, and the matters committed to his trust with such wisdom and foresight, as within a few days he brought them all to the end which he wished, without any open contradiction. Matters concluded in Parliament. The subsidy desired was granted, the Acts of Perth Assembly ratified, and divers constitutions for the profit and good of the Country, as in the Acts imprinted may be seen. At the closing of the Parliament, which was the fourth of August, such abundance of rain, with such thunderings and lightnings did fall, as the Noblemen and others of the Estates were compelled to leave their horses, and betake them to their Coaches, which the factious sort did interpret to be a visible sign of God's anger for ratifying the Acts of Perth: others in derision of their folly, said, that it was to be taken for an approbation from heaven, likening the same to the thunderings and lightnings at the giving of the law to Moses. This was the last Parliament of King james in this Kingdom, The King receiveth great content by the things concluded. and that wherein he received greatest content: for the Puritan faction had boasted that the Acts of Perth should never pass in a law (so confident they were of their favourers in the Parliament house) and now that they failed in their hopes, he trusted they would become more wise. But the King no less careful to have the Acts obeyed than he was to have them pass in a law, did commend the same by two several letters to the Bishops and Lords of the Council. To the Bishops he said, A Letter from his Majesty to the Bishops. That as they had to do with two sorts of enemies, Papists, and Puritans; so they should go forward in Action, both against the one and the other: That Papistry was a disease of the mind, and Puritanisme of the brain, and the antidote of both a grave, settled and well ordered Church in the obedience of God and their King; whereof he willed them to be careful, and to use all means for reducing those that either of simplicity, or wilfulness did err. In his letter directed to the Council, A Letter from his Majesty to the Council. he put them in mind of that he had written in his Basilicon dor●n, That he would have reformation begin at his own elbow, which he esteemed the Privy Council and Session with their members to be, as having their places and promotions by him. Therefore commanded them and every one of that number to conform themselves to the obedience of the orders of the Church now established by law; which he trusted they would readily do, otherwise if any Counsellor or Sessioner should refuse, and make difficulty, he did assure them that if within 14 days before Christmas they did not resolve to conform themselves, they should lose their places in his service; And if any Advocate or Clerk should not at that time obey, they should be suspended from the exercises of their offices, and the fees and casualties thereunto belonging, unto such time as they gave obedience. In the same letter he willed the Council to take order, That none should bear office in any Burgh, nor be chosen Sheriff, Deputy, or Clerk, but such as did conform themselves in all points to the said orders. This letter was of the date, At the Honour of Hampton the 29 of September 1621. By this may the Reader judge of that which hath been commonly affirmed, The Marquis of Hamilton wronged by a false rumour. That the Nobleman who was Commissioner, should have promised at the passing of the Acts, that none should be pressed with the obedience of them, but all left to their own pleasures. That his Majesty gave no such warrant it appears by the foresaid Letters, and that the Nobleman would go an inch from that he was trusted with, none that knew will believe. The truth is, that in most persuasive words (and with that majesty which became the place he represented) he did require them all to acquiesce, and willingly obey the conclusions taken, and not to draw upon themselves by their disobedience his Majesty's anger, assuring them in that case, that his Majesty should not in his days press any more change, or alteration in matters of that kind without their own consents. And this was all the Nobleman spoke, as divers yet living may remember. In the beginning of the next year the Chancellor died at his house of Pinky near to M●silburgh in a good age, An. 1622. and with the regrate of many; for he exerced his place with great moderation, The Chancellor Sea●on dieth. and to the contentment of all honest men: he was ever inclining to the Roman faith, as being educated at Rome in his younger years, but very observant of good order, and one that hated lying and dissimulation, and above all things, studied to maintain peace and quietness. Sir George Hay Clerk of Register being then at Court was preferred to the place, and by his dismission Mr. john Hamilton brother to the Earl of Hadington, made Keeper of the Register. About this time upon advertisements sent from England of the enlargement of certain Priests and Papists that were there imprisoned, Rumours dispersed of Tolerations intended. a rumour was dispersed, that the King was inclining to a toleration of Popery, and would grant liberty of conscience. This rumour was increased by occasion of certain directions sent from the King to the Bishops of England, for reforming certain abuses crept into the Church, whereby the Preachers and Lecturers were commanded on Sundays and Holidays in the afternoon to teach the Catechism only, or then some text taken out of the Creed, the ten Commandments, or Lords Prayer; and in their preaching to abstain from handling the deep points of Predestination, Reprobation, Election, the universality, efficacy, resistibility, or irresistibility of Grace, leaving these themes as fitter for the Schools then for simple auditors: as likewise not to presume in any Lecture or Sermon to limit and bound by way of positive doctrine, the power, prerogative, jurisdiction, authority or duty of sovereign Princes, or to meddle with matters of State, having reference betwixt Princes and people, otherwise than they were instructed and presidented in the Homily of Obedience, and others of that sort, set forth by public authority. These directions were interpreted to be a discharge of preaching, at least a confining of Preachers to certain points of doctrine, which they called a limiting of the Spirit of God, and as people will ever be judging and censuring public actions, every one made the construction whereunto their humours did lead them. The better and wiser sort, The judgement of the wiser sort. who considered the present estate of things, gave a far other judgement thereof; for as then the King was treating with the French King for peace to the Protestants in France, and with the King of Spain for withdrawing his forces from the Palatinate, at which time it was no way fitting that he should be executing the rigour of his laws against Papists at home, while he did labour for peace to them of the Religion abroad; the most likely way to obtain what he did seek of these Princes, being a moderation of the severity of laws against Priests & Papists, at least for a time. And as to the directions given to the Preachers, the same they judged both necessary and profitable, considering the indiscretion of divers of that sort, who to make ostentation of their learning, or to gain the applause of the popular, would be meddling with controversies they scarce understood, and with matters exceeding the capacities of people. The King offending with these rumours which he heard were dispersed in both Kingdoms, His Majesty's speech in a Parliament held at that time in England. took occasion in a Parliament assembled about that time in England to speak to them and say: I understand that I am blamed for not executing the laws made against Papists, but ye should know that a King and his laws are not unfitly compared to a rider and his horse, the spur is sometime to be used, but not always; the bridle is sometimes to be held in, at other times to be let loose, as the rider finds cause: just so a King is not at all times to put in execution the rigour of his laws, but he must for a time, and upon just grounds dispense with the same, as I protest to have done in the present case, and to have connived only for a time upon just cause, howbeit not known to all. If any man for the favour showed to a Priest or Papist, will judge me to be inclining that way, he wrongs me exceedingly. My words, and writings, and actions have sufficiently demonstrated what my resolution is in all matters of Religion. Some more words to this purpose he uttered in that meeting, An. 1623. but in a Letter directed to the Council of Scotland, His Majesty's directions to the Council of Scotland. he was somewhat more rough, finding fault with those that presumed to censure his proceedings, and commanding them to take an exact trial of such as had broken out into any such insolences either in word or deed, and to punish them severely according to the laws. This was not well published, when the news of the Prince's journey to Spain made all good men amazed: for hearing that he was gone accompanied only with the Duke of Buckingham, and another servant, the fear of inconveniences that might befall his person, did mightily trouble them. But it pleased God both in his going and returning safely to conduct and protect him. The occasion and success of that journey, I shall shortly relate. A match had been treating of a long time betwixt the Prince and a Daughter of Spain, The Prince's journey to Spain, and the occasion thereof. which received many hindrances both at home and in that Court; but it being thought that the delays made in these parts, would be easily removed, by the presence of the Prince himself, whereof great hopes were given by Gundamar the Spanish Ambassador, the King gave way to the journey, as hoping by this mean to have the Palatinate freed from the vexations of war, and a general peace established throughout Christendom. Thus the Prince accompanied in manner aforesaid, departly secretly from Court, and landing at Callais, went through France undiscovered, and after a few days came safely to the Court of Spain. At his coming he was kindly received and welcomed with divers courtly Compliments, The Prince's entertainment in Spain. but found a greater strangeness than he expected; for although he was still kept in hope of the Match, yet he was not permitted to visit the Lady, but upon condition to speak in such and such terms, and no otherwise. Afterward they began to move him touching his Religion, desiring he should confer with some Divines, for that he could not have the Infanta to wife, unless he was converted, and became a Roman Catholic. The Prince replying, That he would not change his Religion for such a worldly respect, nor would he enter in conference with any Divines to that purpose, for if they did not prevail with him, it would breed a greater discontent; It was then told him, that he must attend till a dispensation was procured from Rome, and that in the mean time be should be entertained as a Prince, but not as a Suitor. This Dispensation being returned, The Letter of Pope G●gory the 15 to the Prince. which had in it a condition, that the King of Spain should take oath to obtain the King of Britain's consent unto certain demands concerning Religion, there was a letter therewith sent from Pope Gregory the 15th to the Prince, wherein after many fair and plausible words, he said, that as Pope Gregory was the first that induced the people of England to submit themselves to the See Apostolic, so he bearing the same name, and being his equal in the height of dignity, though inferior to him in virtue and holiness, desired nothing more than to follow his pattern, and promove the health and happiness of that Kingdom: the rather because his peregrination at that time had given such hopes of an happy success; for since he was arrived in Spain and at the Court of the Catholic King, with a desire to join in marriage with the house of Austria (which intention he greatly commended) he could not believe that he did really desire the Match, and in heart abhor the Catholic Religion, and seek to ruin the holy See of Rome. Then falling to a prayer, he besought God the Father of lights to advance him (the most fair flower of the Christian world, and the only hope of Great Britain) to that noble inheritance which his illustrious progenitors had gained by the defence of the Apostolic authority, and the suppression of the monsters of all heresies. Towards the end of the Letter willing him to call to mind the ancient times, ●nd make his prayers to his ancestors, that they would vouchsafe to teach him the way by which they went to heaven, he asked how he could with patience hear the heretics call them damned, whom the Catholic faith doth testify to reign in heaven, and to dwell exalted above all the Princes of the earth. In end returning to his supplications, he said, that the Catholic Church Roman stretching forth her arms to embrace him with all affection as her most desired son, he could not perform any thing of greater comfort to the Nations of Christendom then to bring again the profession of that most noble Island to the Prince of the Apostles, whereof he could not despair, his hopes being set on God, in whose hands are the hearts of Kings, etc. This Letter given at Rome in the Palace of S. Peter the 20 of April 1623., and in the third year of his Apostolate, was delivered to the Prince about the midst of May, The success of the Match intended with Spai●. which he received courteously, thanking the Pope for his good affection. Thereafter understanding that the Dispensation was granted, he pressed the performance of the Marriage, but was answered, That the Conditions must first be fulfilled, and the Articles concerning the Infanta her liberty of profession when she came into England and the education of her Children, if God should grant her any by him, drawn up in form. These Articles being advised by a Commission of Divines, were sent into England, and shortly after returned, signed with his Majesty's hand, and approved by the Council. And now it was thought there should be no more delays used, but other excuses were forged, as that it was not fitting the Infanta should go to England before the business of the Parliament was settled, and that these Articles must be sent to Rome, and allowed by the Pope. The Prince perceiving that there was nothing really intended on the King of Spain his part, and that the Treaty was only entertained till the King of Spain had reduced Germany in his power, resolved to be gone, and declaring the necessity he had to return, did leave a Proxy in the hands of the Earl of Bristol (the Ambassador legier) for espousing the Infanta, how soon the Articles returned from Rome. So the King of Spain having conveyed the Prince a little way towards the sea, they parted in most loving terms, and in hope the Match should take effect. But the Prince being after that informed of a conclusion laid, That if the Match should be further pressed, the Infanta to eschew the same should presently enter into the house of los Discalceatos (a Monastery of barefooted Nuns) after he was parted, sent and commanded Bristol not to make use of the proxy till he should advertise. The Prince having for his convoy home, The Prince returneth to England. eleven of the King's ships, and some Merchants, arrived at Portsmouth the 5 of October with his whole retinue, and went the next day to Royston where the King lay. The joy was exceeding great of all sorts of people, and public thanks given to God throughout all the Churches of both the Kingdoms for his safe return. Soon after when the King perceived by the report, that neither was the Match truly meant, nor the Palatinate like to be restored, he directed the Earl of Bristol to insist for the restitution, and if he was put off with delays to take his leave and come home; which also he did. Thus was the marriage which had been long treated of quite dissolved, the King saying, That he would never marry his Son with a Portion of his only Sistes tears. The year following the Ministers of Edinburgh were greatly vexed by a sort of mutinous people, An. 1624. who separating themselves from the public Assemblies kept private Conventicles, A trouble in Edinburgh raised against the Minis●es. and went so far as to oppose publicly the order established for receiving the holy Communion. The leader of those was William Rig elected one of the Bailiffs for that year. This man puffed up with a conceit of his own abilities did dream of no less, than the overturning of the Church orders, and reforming of the Ministry in such things as he held to be amiss: hereupon in a meeting ordinarily kept before the celebration of the holy Sacrament, he did publicly challenge Doctor William Forbes, who was afterwards preferred to the Bishopric of Edinburgh for divers points of doctrine, delivered by him in his Sermons, and when as he refused to be judged by him and the Laics that assisted, the said Baliffe did openly threaten them all, that unless they returned to the old form of ministering the holy Communion, the whole people should forsake them. Herein he was assisteed by john Hamilton an Apothecary, john Dickson, William Thomson, john Meene, and some other base companions, who being called before the Council were charged to leave the Town, and the Bailiff William Rig, deprived of his Bailiwick and declared incapable of any public office in time coming. This trouble gave occasion of settling the state of that Church in a better case than in former times, the Ministers being ordained to reside in their own Parishes, and have allowed to them a sufficient maintenance; the popular election of Ministers, when as places by any occasion fell void, discharged, and the presentation appointed to be made by the Provost, Bailiffs, and Council; the Sessions to be choosed yearly by the Magistrates and Ministers for the particular Parishes, who should convene every year, some ten days after the election of the Magistrates, for that business; the meeting before the Communion wherein the Ministers were accustomed to be censured by the people, simply prohibited: with divers other particulars serving to the orderly ministration of all things in the Church. The 16 of February, Lodovick Duke of Richmond and L●nnox deceased, to the great regrate of all that knew him; The death of Lodovick Duke of Richmond and Lennox. a Nobleman of excellent parts, whose very aspect and countenance did promise much good. He was thrice married, first to a Sister of the Earl of Gowry, by whom he had no children; his second Wife was a Sister of the Lord London, by whom he had a daughter and son that died both young. In his third and last marriage with the Countess of Hartford, he found more content than in both the other, but lived with her only some few years, being taken away in the 48 year of his age. His brother a noble Gentleman succeeded, but did not survive him long, for he died the next year, leaving a hopeful succession of children behind him. The next year in the month of March, An. 1625. james Marquis of Hamilton deceased also; The death of james Marquis of Hamilton. a Nobleman of rare gifts, and fitted for the greatest affairs, which he showed at his deputation to the Parliament 1621., and at other divers occasions: his death was the more grievously taken, that it was thought it was procured by poison, whereof the monstrous swellings in his face and body afore his death gave great appearance: his corpse brought to Scotland by sea was interred at Hamilton with his predecessors. These two deaths affected the King exceedingly, The King much affected with these deaths, contracts a fever and dieth. and when it was told him that the Marquis was dead, he said, If the branches be thus cut down, the stock cannot continue long; which saying proved too true, for shortly after he fell into the fever that the Physicians call Hemitritaeam, a dangerous fever to those that are grown in years, and thereof died at Theobalds' the 27 of March being Sunday about twelve of the clock in the forenoon. The Thursday preceding his death, he desired the blessed Sacrament to be ministered unto him, which he received with great devotion, professing to the Prince his son, and those that stood by, that he had received a singular comfort thereby▪ wishing all men to do the like when they were visited in that sort. From that time to the hour of his death, he was still almost praying, and some one sentence or other of piety ever in his mouth. As he drew near to his end, the prayer usually said at the hour of death being ended, having repeated once or twice these words, Veni Domine jesu, he gave up the ghost without any pangs, as are commonly seen in persons that are dying. He was the Solomon of this age, admired for his wise government, and for his knowledge of all manner of learning; for his wisdom, moderation, love of justice, for his patience and piety, (which shined above all his other virtues, and is witnessed in the learned works he left to posterity) his name shall never be forgotten, but remain in honour so long as the world endureth. We that have had the honour and happiness many times to hear him discourse of the most weighty matters, as well of Policy as Divinity, now that he is gone, must comfort ourselves with the remembrance of these excellencies, and reckon it not the least part of our happiness to have lived in his days. Many doleful Epitaphs in all Languages were composed to express the sorrow conceived by his death. This following penned by a learned Divine in our vulgar language, did affect me so as I thought good to subjoin it. ALL, who have eyes, awake and weep, For he whose waking wrought our sleep, Is fallen asleep himself, An Epitaph upon King JAMES his death, written by the Reverend Divine, Dr. Morley C. C. C. Oxon. and never Shall wake again, till waked for ever: Deaths iron handhath closed those Eyes Which were at once three Kingdoms spies, Both to foresee, and to prevent Dangers as soon as they were meant. That Head whose working brain alone Wrought all men's quiet but its own, Now lies at rest. O let him have, The peace he lent us, in his grave. If that no Naboth all his Reign, Was for his fruitful vineyard slain; If no Vriah lost his life Because he had too fair a wife; Then let no Shimei's curses wound His honour, or profane his ground. Let no black-mouthed, no rank-breathed cur, Peaceful JAMES his Ashes stir. Princes are Gods; o do not then, Rake in their graves to prove them men. For two and twenty years long care; For providing such an Heir, Who to the peace we had before May add twice two and twenty more; For his day's travels, and nights watches; For his crazed sleep, stolen by snatches; For two fair Kingdoms joined in one; For all he did, or meant t' have done, Do this for him, write on his dust, JAMES the Peaceful, and the Iust. The End. A brief Table, directing to the Principal Matter of this HISTORY. A St. Andrews: made an University by the Bishop of the place procuring it, Page 57 Made an Archiepiscopal See, 58 Aidanus, in Northumberland, within seven days after his first arrival, converteth and baptizeth 15000, 14 Augustine: The King of Northumberland with an army & by instigation as was supposed, of Augustine the Monk, slayeth 1200 Monks that refused to receive the Rites of Rome, 12 Alcuinus born in Scotland, 22 B BIshop. The ancient manner of a Bishop in Scotland, 4 Anciently in Scotland all the movable goods of any Bishop belonged to the King, and were seized for his use, 55 An English Army put to flight by a Bishop, 99 A Bishop went on foot through the whole Kingdom, preaching the Gospel wheresoever he came, 108 The ancient variance between the Scots and Holland reconciled by a Bishop, 105 The difference between james III. of Scotland, and Lewis XI. of France, reconciled principally by the prudence of a Bishop, ibid. A Bishop barbarously maimed by an Earl in the King's absence, and the Justice done upon him for it, 40 & 110 A very pious Bishop lived to the age of 185 years, 112 john Dury a reformed Minister at his death giveth advice to the Assembly of the Church to restore the Episcopal government, 457 Bishops restored in the Church, and to their temporalities in Scotland, 496 Cautions, whereby the Episcopal power was moderated in Scotland, 501 Scottish Bishops came to England for consecration, 514 Colman a Scottish Bishop dissuadeth by his great authority the Nobility of Scotland from deposing their King, 19 Buchannan: by his verses he incenseth the Franciscans, 67 His death, 525 Benefices, the temporality of them annexed to the Crown, 365 Bothwell, in open Rebellion is encouraged by the English Ambassadors, 402 The King would have it inserted into the Acts of the Church, that Ministers shall make public declaration in the Church the Sunday following, after they have baptised any privately: first refused, 529 After passed by the Church, 539 C cardinals: by the Pope's Law, the place●s are to be ruinated where Cardinals are slain, 88 Charles (after King of Great Britain) born, 461 His Journey to Spain, 544 His return 545 A Letter to him from Gregory XV. then being Suitor in the Spanish Court, 544 Church. A form of Church-policy presented to the Convention of Estates at Edinburgh, drawn up by Knox, 152 The Church and Regent cross one the others proceedings, 271 A model of Church-policy presented to the Parliament at Striveling, 289 The Church appointeth a Fast on the same day that the King appointeth a Feast for the entertainment of the French Ambassador, with a design to cross the King, 322 The Assembly of the Church protest against the Kings judging in Causes Ecclesiastical: the Council of State reject the Protestation, 318 Contentions between the King and Church, 319 They allow not the Council authority to judge of Treason spoken by them in the Pulpit, 330 The Ministers yield more to the desires of the basest people, then to reasonable Propositions of the King, 394 They provide a Chaplain of their own interest for Bothwell endeavouring Rebellion, 402 They refuse to submit their doctrine to the trial of the King and Council, 420 They style the Queen of England (Elizabeth) an Atheist in their Sermons, 419, 422 One of them affirmed in his Sermon, that it is lawful for subjects to take arms against their King, 430 They solicit the Lord Hamilton and people to take arms, 431 Articles proposed in the form of Question by the King concerning affairs of the Church, 435 The bosom of the Church, ought always to be open to Penitents, 437 The Assembly vote that it is lawful for Ministers to sit in Parliament, 449 Some of them refuse to give thanks in their Churches for the King's deliverance from the attempts of Gowrie, 460 Catholics are dispensed from Rome to profess or swear against their religion, so as in mind they continued firm. 308 Covenant is taken by the Ministers obliging them to a better discharge of their duty, 416 A Scottish prisoner rescued out of the Castle of Carlisle by a strange attempt, 414 A strange event at a Council held in Wiltsh: 27 The Charity of a certain man saved his life, 462 Conference: at Hampton Court, 478 Another Conference there between Scottish Bishops and Ministers of the Presbytery, 497 D DRuids: what they were, 3 Are expelled by Cratilinth, 3 The Diocese of Dunkeld divided into two Bishoprics, 98 The Synod of Dort in Holland, 540 Did not ratify the Acts of Perth, ibid. E A Controversy between six Competitors for the Crown of Scotland referred to the arbitration of Edward I of England, 48 England: the two Kingdoms of England and Scotland united upon the intended marriage of Edward VI. being about five years old, and Mary daughter of Scotland being about one year old, 72 That Contract broken by Scotland, 73 The King of Scots with many of his Nobles swear subjection to Edward I. of England at Newcastle, 49 The King of Scots and the Parliament of Scotland convened at Berwick, do homage to the King of England, ibid. The King of England refuseth to stand to the Pope's judgement, 50 The Earls and Barons of Scotland in a Parliament at S. Andrew's, swear obedience the third time to the King of England, ib. The Scottish Lords of the Congregation have aid from England, 140 The Articles of Contract between England and Scotland, 142 Scottish Bishops come to England to be consecrated, 514 Easter: The ancient manner of observing it in Scotland, not the same with that of the Roman, 15 But agreeth with the jews, 13 Augustine the Monk endeavoureth to persuade the Saxons in Britain to observe Easter according to the Roman account, but they refuse, 12 A dispute held in England in Yorkshire concerning the computation of Easter, between a Scottishman a Bishop, and the abettors of the Roman Church, 15 A Member of the Scottish Church excommunicated, is absolved by the Archbishop of Canterbury with the content of the Church of Scotland, 527 The trial of the Earl of Somerset, 525 The Earl of Essex his death, and the cause, 463 Edinburgh Castle surrendered by the Queen's party, 271 The Town having maintained tumults against the King, submit themselves, 432 Elizabeth Queen of England is styled an Atheist, by the Ministers of Scotland in their sermons, 419, & 423 The marriage of the Lady Elizabeth with the Palsgrave, 19 Excommunication of persons of capital crimes, if they are fugitives, forbidden, 517 A Member of the Scottish Church excommunicated, is absolved by the Archbishop of Canterbury to the content of the Scottish Ministers, 527 F FAst: one fasteth forty days, without any the least kind of food, another time thirty days, 69 Francis TWO of France husband to Mary Stewart Queen of Scots death, 69 H PRince Henry baptised, 406 His death, 510 The death of james Marquis of Hamilton, 546 I IReland: Patrick a Scot converteth that Nation, 8 Ignorance: Some Priests so ignorant, as that they thought the New Testament written by Luther, 76 james VI born, 196 Baptised according to the rites of the Roman Church, 197 His Father attempted by poison, ibid. His Father murdered by Bothwell, 200 Crowned in the Church of Striveling being thirteen months old, Some Lord's rebel against him at Edinb: 287 He is offended at some proceedings of the Church, and does not favour them much, 308 Surprised by a combination of Nobles, and sequestered from the Duke of Lennox, 321 Temporiseth with the Church, 322 He appointeth a feast for the entertainment of the French Ambassador; the Ministers, to cross him, on the same day appoint a fast, 322 A promise made in time of restraint, he judgeth not obliging, 327 He giveth clear testimony of the care of the Church, 347 A letter written by Walsingham to persuade the King to pass by the revenge of his Mother's death, 359 An offer made by an English Ambassador (and accordingly done) to bring a Declaration signed by all the Judges in England, to show that the sentence against his Mother did not invalidate his right, 365 Married to the King of Denmark's daughter, 377 Goeth in person to Norway, 377 Giveth directions for government in his absence, 378 Bringeth his Queen to Scotland, 380 Bothwells plot to surprise him, discovered and prevented, 386 He is surprised by Bothwell, 394 He writeth an Epitaph on the death of his Chancellor, 411 His just complaint against the petulancy of Churchmen, 419 Publisheth his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 455 Gowry's conspiracy against him, 457 A letter written to him from the Council and Nobility of England, 473 Crowned at Westminster, 478 He would never hang Priests of the Roman profession only for their Religion, 523 He foretelleth his own death, therefore not likely to be poisoned, 546 He died of an Hemitritaea, a disease very dangerous for the aged, 546 A Witch had not power to kill him, 383 K KIngs, john Knox his opinion concerning deposing them for ill-government, 137 Reasons why they are not to be punished by their Subjects, ibid. The Scots cannot resolve to arraign their Queen, 214 The Assembly of the Church protest against the Kings judging in Causes Ecclesiastical; the Council of State reject their Protestation, 318 A Minister of Scotland affirmeth in his Sermon, that it is lawful for Subjects to take arms against their King, 430 Rebellion of the Subjects, if they succeed not, advance the Sovereignty, 432 Conspiracies against Princes not thought true, unless they are slain, 460 Colman a Scottish Bishop dissuadeth the Nobility of Scotland from deposing their King, 19 Knox: his death, 266 Proved, that he was not the Author of the book published in his name, under the title of the History of Scotland, 267 A form of Church policy drawn up by him, 152. L Law's. Malcolm repealeth that wicked Law of Eugenius III▪ which appointed the first night of the new married woman to belong to the Lord of the ground, 29 Lollards: Articles of Religion taught by them, 61 The Earl of Lennox, Grandfather to james VI, and Regent, slain in fight, 256 The Lord Aubigny, Earl and after Duke of Lennox, embraceth the Protestant faith, 308 He dieth in the Protestant Religion, 324 M JOhn Maior, Hector Both, Gilbert Crab, William Gregory, learned men, lived in Scotland, A. D. 1539. 68 The Earl of Murray Regent of Scotland, murdered, 233 Earl of Marre Regent of Scotland dieth a natural death, 264 The Earl of Morton then Regent, his covetousness and sacrilege, 271 Executed upon suspicion, that he consented to the murder of the Father of james VI, 314 Rabanus Maurus born in Scotland, 22 O OAths. The Catholics are dispensed from Rome to profess or swear against their Religion, so as in mind they continued firm, and laboured secretly in promoting the Roman faith, 308 Ordination. One Bruce being to be made Minister of a Parish in Edinburgh, refuseth Ordination, 451 Had preached many years before without Ordination, ibid. Ordination by Presbyters in case of necessity, that it is lawful, 514 The death of Sir Thomas Overbury, 514 P Priest's called Culdees, and why, 4 Pope: his league not suffered to enter into Scotland, 43 The Clergy will acknowledge no Statute imposed upon them by the Legate, 45 A Collection demanded by the Pope denied, and the Legate not permitted to enter the Realm, ibid. VRbane IV. ordained that every Bishop, and Abbot elect of Scotland, should travail to Rome for consecration, 46 A Council held at Lions by the Pope, the Acts thereof, ibid. The King of Scotland refuseth to stand to the Pope's judgement, 50 One thousand two hundred Monks refuse to receive the rites of Rome, and are all slain, 12 Prayer: A great question arose among the Churchmen, whether the Pater noster were to be said to the Saints, or God only. Protestants: the Queen Regent Dowager of james V. dieth in the faith of Protestants, 146 The Queen of England contriveth a counter-league against the Holy league made in France for the extirpation of Protestants, 389 The Articles of that League, 349 Election of Ministers by the People discharged by authority in Scotland, 545 The same Portent interpreted to contrary significations, 542 Presbyters: excluded from intermeddling with the making of Ecclesiastical laws in Scotland, 531 Ordination by them in case of necessity is lawful, 514 The marriage of the Palsgrave with the Lady Elizabeth, 519 The history of the Powder-treason, 491 This conspiracy carried on in secrecy a whole year, 492 R Room: one thousand two hundred Monks refuse to receive the rites of the Roman Church, and are all slain, 12 A plo●to reintroduce the Roman religion, 390 The Scottish Preachers that lived in the Province of York, chose rather to forsake their Benefices, then admit the rites of Rome, 18 Reformation: the first proposals made, 119 First artempted at Perth, 121 The death of Lodowick Duke of Richmond, 546 S SCotland converted before Pope Victor, 2 Patrick a Scot converted Ireland, 8 The Universities of Pavia and Paris founded by Scottish men, 22 Scotus the Schoolman, Claudius Clemens, Rabanus Maurus, Flaccus Albinus al. Alcuinus, born in Scotland, 22 Invaded and subdued by Edward I. of England, 49 The King of Scotland refuseth to stand to the Pope's arbitration concerning his incursions upon England, and the title that the King of England had to Scotland, 52 Edward III of England promiseth by Charter to release the Scots from all duties of subjection and homage, 53 Divers prodigies in Scotland, 94 The Articles of contract between England and Scotland, 142 English Ambassadors sent to mediate a peace in Scotland, 146 A Scottish prisoner rescued out of the Castle of Carlisle by a strange attempt, 414 The Archbishop of Canterbury in a Letter acknowledgeth the independent Jurisdiction of the Church of Scotland, 527 The King of Northumberland obtaineth of the King of Scots the assistance of some learned Bishops, 13 Scottish Bishops preach the Christian faith, and convert many in England, 15 Pope Sixtus IV. giveth sentence in favour of the Church of Scotland, that the Scots should have a Primate of their own, 58 Celius Sedulius: proved that he was a native of Scotland and not of Ireland, 8 john D. Scotus: proved that he was born in Scotland, and not in England. 55 Subjects: rebellion of the Subjects, if it succeed not, advance the Sovereignty, 432 The history of the Spanish Armada, 370 Schism, in the Presbytery of S. Andrew's, 386 A great one in the See of Rome, 56 Mary Stewart: sent into France, 90 Returneth into Scotland, 178 Queen Elizabeth acknowledgeth her to be next heir to the crown of England, 180 But refuseth to declare it openly, 181 She marrieth Henry son to the Earl of Lennox 191 Discontents arise between them, 193 She putteth her husband's name after her own, ibid. Married to Bothwell after the manner of the reformed Church, 203 Surrendereth herself to the Lords, and is received and kept as a Prisoner, 207 The Scots cannot resolve to arraign her, 214 She escapeth out of prison, 215 Her army overcome at Glasgow, 216 She seeketh refuge in England, 217 Loseth her expectation, ibid. Consultations in England about putting her to death, 350 The Queen of England signeth a warrant for her execution, 355 The circumstances of her death, 356 King james her son interposeth for her exemption from trial, 351 He offereth pledges of the chief of his nobility to be given for his mother's faithfulness toward the Queen of England, 352 The King commandeth the Ministers to make public intercession in their Prayers for his Mother, and they refuse, 354 The Queen of England taketh cognisance by her Commissioners of the dealing of the Regent of Scotland toward the Queen-mother of Scotland, 219 Queen Elizabeth in her Patent to the Commissioners, is so much a friend to the right and cause of Mary, that she giveth not the title of Regent to the Earl of Murray, 219 T TEmplars. The dissolution of them, 51 They were condemned, and suffered unjust torments, partly for their great riches, partly for their freedom of taxing the vices of the Court of Rome, ibid. U UNion. The Articles of Union between both Kingdoms of England and Scotland, 481 They are not passed in the English Parliament, 505 Objections made against the Ceremony of Unction in the solemnity of Coronation, answered, 381 W Witch's: Agnes Samson a Witch apprehended, 383 Her familiar Spirit had no power to kill the King, ibid. Y YEar: The account thereof changed from March to january in Scotland, 456 THE KINGS Of SCOTLAND, From the first Plantation of Christian Religion there, mentioned in this History. DOnald I. Converted and Baptised, Page 2 Ethodius 3 Cratilinth ibid. Fincormachus 4 Eugenius ibid. Hergustus' ibid. Ethodius, alias Echadius 5 Erthus ibid. Fergus ibid. Eugenius II. (Greem Regent) 6 Congallus II. 9 Kinnatellus ibid. Aidanus 10 Eugenius IV. 14 Donald IV: ibid. Ferqhard 18 Eugenius VI ibid. Eugenius VII. ibid. Achaius (An. D. 800.) 23 Alpin ibid. Kenneth 24 Constantine II. 25 Gregory the Great 26 Constantine III. ibid. Kenneth III. 27 Malcolm II. 28 Duncan I. ibid. Macbeth (an Usuper) ibid. Malcolm III. 29 Edgar 31, 32 Alexander the Fierce ibid. David ibid. & 36 Malcolm IV. 36 William 37 Alexander II. 42 Alexander III. 44 john Balliol 48 Robert Bruce 52 David Bruce 55 Edward Balliol ibid. Robert Stewart ibid. james I. 57 james II. ibid. james III. 58 james IV. 61 Duke of Albany Regent of Scotland 62 james V. 70 Earl of Arran Governor during the minority of Mary Stewart, 71 He resigneth the Regency to the Queen-mother 92 Mary Stewart Queen, taketh into her hands the Government 178 She resigneth the Government, 211 james VI Crowned ibid. Earl of Murray Regent 212 Earl of Lennox, Grandfather to the young King, chosen Regent, 241 john Earl of Marre Regent 258 Earl of Moreton Regent, 267 The King himself accepteth of the Government, 280 Bishops that lived in Scotland or the adjacent Isles, before the distribution of the Kingdom into DIOCESES. AMphibalus Bishop in the Isle of Man 4 Regulus 5 Ninian 6 Palladius 7 Hildebert 8 Columba 9 Servanus 11 Colman 15 Adamannus, or Adamnamus, 18, 19 Wiro and Plechelmus consecrated at Rome, by Pope Honorius, 19 Bonifacius an Italian 20 Mocharius, Glacianus and Gervadius 23 Archbishops and Bishops of the See of S. Andrews. 1 Adrian 25 2 Kellach 26 3 Malisius ibid. 4 Kellach TWO 26 5 Malmore 26 6 Malisius TWO 26 7 Alwinus 26 8 Muldwin 26 9 Tuthaldus 26 10 Fothadus 27 11 Gregorius 28 12 Turgot 30 13 Godricus 32 14 E●dmerus (a Monk of Canterbury) 33 15 Robert Prior of Scone 34 16 Arnold, Abbot of Kelso, 36 17 Richard ibid. 18 Hugo (by the King's mandate) 39 john Scot (by the Pope in opposition to the King) ibid. 19 Roger (son to the Earl of Leicester) succeedeth Hugo 41 20 William Malvoisin, a Frenchman ibid. 21 David Benham 43 22 Abel 44 23 Gamelinus 45 24 William Wishart 46 25 William Fraser 47 26 William Lamberton 51 27 james Bane 55 The See vacant nine years, ib. 28 William Landells 55 29 Stephen ibid. 30 Walter trail ibid. 31 Thomas Steward, son of Robert TWO chosen, but refuseth it. The See vacant during his life 56 32 Henry Wardlaw ibid. 33 james Kennedy ibid. 34 Patrick Graham, first Archbishop of S. Andrews 58 35 William Shevez 59 36 james Stewart 61 37 Alexander Steward ibid. 38 Andrew Forman 62 39 james Beaton ibid. 40 Beaton, Nephew of the former Archbishop and Cardinal 67, & 69 41 The base brother of the Earl of Arran Governor of Scotland made Archbishop 84 42 john Dowglas 261 43 Patrick Adamson 276 44 George Gladstaves 523 45 john Spotswood 524 Bishops of Dunkeld, 1 Gregorius 98 2 Richard 3 Cormacus 4 Walter de Bidden 5 john Scot 6 Richard Provand 99 7 john Leicester 8 Hugo de Sigillo 9 Matthew 10 Gilbert 11 Galfrid Liverance 12 Richard 13 Richard of Innerkithing 14 Robert Sutevile 15 Matthew 16 William Sinclare 17 Duncan 18 Michael of Monimusk 100 19 john Peblis 20 Robert Carden 21 Donald Machnachtan 22 james Kennedy 23 Alexander Lawder 24 james Bruce 25 john Ralston 26 Thomas Lawder 27 james Levingston 28 George Brown 29 Gawan Douglas 30 George Creighton 31 Robert Creighton 32 james Paton Bishops of Aberdene. 1 Beanus 101 2 Donortius 3 Cormachus 4 Nectanus 5 Edward 6 Matth. Kinninmouth 102 7 john 8 Adam 9 Gilbert Striveling 10 Radolph 11 Peter Ramsay 12 Richard Pottock 13 Hugh Benham 14 Henry Cheyn 15 Alexander Kinninmouth 16 William Deyn 103 17 john Raith 18 Alexander Kinninmouth 19 Adam Cunningham 20 Gilbert Grindaw 104 1 Henrey Leighton 22 Ingram Lindesay 3 Thomas Spence 24 Robert Blaicaster 105 25 William Elphingston 6 Alexander Gordon 106 27 Gawan Dumbar 28 William Stewart 29 William Gordon 107 30 David Cunningham 406 Bishops of Murray. 1 William 107 2 Simon 3 Richard 4 Bricius 5 Andrew 6 Simon 7 Archibald 8 David Murray 9 john Pilmore 10 Alexander Bar 11 William Spiny 12 john Inns 13 Henry Lichton 14 Columba Dumbar 15 john Winchester 16 james Stewart 17 David Stewart 18 William Telloch 108 19 Andrew Stewart 20 Andrew Forman 21 james Hepburn 22 Robert Shaw 23 Alexander Stewart 24 Patrick Hepburn Bishops of Brichen. 1 Edwardus. al. Vrwardus 108 2 Turpinus 3 Rodolphus 4 Hugo 5 Gregorius 6 Albinus 7 William Dean of Brichen, 108 8 john 9 Adam 10 Patrick 11 Steven 12 Walter Forrester 13 john 14 George Shoreswood 15 john 16 William Meldrum 17 john Hepburn 18 ... Sinclare 19 Andrew Lamb 549 20 David Lindesay ibid. Bishops of Dumblane. 1 jonathan 108 2 Simon 109 3 Abraham 4 Gulielmus de Bosco 5 Osbert 6 Clemens 7 Robert 8 Alpin 9 Nicolaus 10 Maurice 11 William 12 Walter Cambuslang 13 Finlaw al. Dormoch 14 William Stephen 15 Michael Ochiltrie. 16 Robert Lawder 17 john Hepburn 109 18 james Chisholme 19 William Chisholme 20 Andrew Ghram 261 21 Adam Ballendene 524 Bishops of Rosse. 1 Gregorius 109 2 Reynaldus 110 3 Andrew Murray 4 Robert 5 Matthew 6 Thomas Dundy 7 Roger 8 Alexander 9 Thomas Vrwhart 10 Alexander Kilbuines 11 William Bulloch 12 Thomas Tullich 13 Henry Cockburn 14 james Woodman 15 Thomas Hay 16 john Guthry 17 john Fraser 18 Robert Cockburn 19 William Elphingston 20 james Hay 21 Robert Carncrosse 22 David Panter 23 Henry Sinclare 110 24 john Lesley 15 David Lindesay 442 Bishops of Cathnes. 1 Darrus 110 2 Andrew 3 john 4 Adam 111 5 Gilbert Murrary, son to the Lord of Duffus 6 William 7 Walter 8 Archibald 9 Andrew 10 Ferqhard 11 David 12 Thomas Fingask 13 Alexander 14 Malcolm 15 Robert Strackbock 16 john Inns 17 William Mudie This See was vacant 24 years, Adam Gordon governed it in that interval. 18 Andrew Stewart 19 Robert Stewart, brother to Matthew Earl of Lennox 20 George Gladstaves 456 Bishops of Orkney. 1 William 112 2 William Tulloch 3 Andrew 4 Edward 5 Robert Reid 6 james Law 502 Archbishops and Bishops of Glasgow. 1 Kentigern al. S. Mungo 2 john Achaean 3 john 113 4 Herbert 5 Angelramus 6 joceline 7 Eugenius 8 Hugo 9 William Malvoisin (after translated to S. Andrews) 10 Florentius (son to the Count of Holland) 11 Walter 12 William Babington 13 john de Chyan 14 Nicol: Moffet 15 William Wishart (after translated to S. Andrews) 16 Robert Wishart 17 john Lindesay 114 18 Stephen Dundy 19 john Wishart 20 William Rae 21 Walter Wardlaw made Cardinal 114 22 Matthew Glendouning 23 William Lawder 24 john Cameron 25 james Bruce 26 William Turnbull al. David 27 Andrew Moorhead 28 john Lang 29 George Carmighal 30 Robert Blacader, first Archbishop of Glasgow, 60 & 114 31 james Beaton, after translated to S. Andrews 114 32 Gawan Dumbar 33 james Beaton 115 34 james Boyd 261 35 Robert Montgomery 316 36 William Areskin a Layman 364 james Beaton restored to this See ibid. & 477 37 john Spotswood, 477 & 481 Bishops of Galloway 1 S. Ninnian 115 2 Plechelmus al. Pectelmus 3 Frithwoldus 4 Pethumus 5 Ethelbert 6 Baldulphus 7 john 8 Thomas Spence, after translated to Aberdene 9 David 10 Alexander 11 Henry 12 George 13 ... Gordon 115 14 Gavin Hamilton 524 15 William Cowper 523 16 Andrew Lamb 540 Bishops of Argyle. 1 john Scot 115 2 Evaldus al. Harold 3 William 4 William 5 David 6 Finlaw 7 George Laird of Balcomie Bishops of the Isles. 1 Amphibalus, first Bishop of Man, where was the Seat proper to the Isles, 116 2 Machilla The See of Man translated to Ilcomkell, after which 3 Onacus 4 Mauricius. IT may concern the ease of the Reader to observe, that care was taken so strictly to follow the Authors own Copy, that it was not thought fit to change those words of the Scottish Idiom, which sometime the Reader will meet with in this History: Most of them are of Latin origination, and therefore will not be matter of difficulty to very many. And lest for want of caution any should be inclinable to condemn the Printers care, it was thought necessary to prepossess him with this advertisement: The rest that have escaped his diligence, the present Table of Errata will represent to be objects of his care, to amend; and of his Charity, to pardon. page Line Reade 1 17, 18 matter. Wh— time, 12 12 Trithemius 21 43 herself 28 11 Bighan 30 4 Normandy 16 Hungary 35 2 Sautrey 36 42 jedburgh 40 4 possessed of S. Andr. 13 defray 46 41 general 47 2 Teviotdale 8 Lermonth, ita 71. 11. & 72. 25. & 96. 33. 49 43 Kingorn 50 57 fallen 53 5 Duncanus 15 campbel 54 14 rather Wooddale 57 19 Canon 62 11 Crowns 62 23 to his 38 Ferm 75 33 Kinfawns 77 29 Laird 78 22 Longnedry 82 50 repair 83 7 & 29 Normand, ita 84. 1. & 87. 1. 87 1 rites 88 25 Balfour 89 13 return with 36 Dumbriton 94 19 forsan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 119 51 except 163 1 three 180 51 me?— course, 197 32 Charles james 258 45 choosing 338 14 not be 368 12 contumacy 433 55 killed by james In the Margin, p. 83. l. 5. r. Pinkie. p. 8. l. 5. t. Baron, p. 289. l. 18, 21. for sheweth r. floweth. A Catalogue of some Books Printed for Richard Royston at the Angel in lvie-lane, LONDON. And of some formerly Printed at Oxford. Books written by H. Hammond D. D. A Paraphrase and Annotations upon all the Books of the New Testament by Henry Hammond D. D. in fol. 2. The Practical Catechism, with all other English Treatises of Henry Hammond D. D. in two volumes in 4ᵒ. 3. Dissertationes quatuor, quibus Episcopatus Iura ex S. Scriptures & Primaeva Antiquitale adstruuntur, contra sentenliam D. Blondelli & aliorum. Authore Henrico Hammond. in 4ᵒ. 4. A Letter of Resolution of six Quaere's, in 12ᵒ. 5. Of Schism. A Defence of the Church of England, against the Exceptions of the Romanists, in 13ᵒ. 6. Of Fundamentals in a notion referring to Practise, by H. Hammond D. D. in 12ᵒ. 7. An Answer to the Animadversions on the Dissertations touching Ignatius Epistles and the Episcopacy in them asserted, subscribed by john Owen servant of Jesus Christ, in 40. 8. A Vindication of the Dissertations concerining Episcopacy from the Exceptions offered against them by the London Ministers in their Ius Divinum ministerii Evangelici in 4ᵒ. 9 A Reply to the Cathol. Gent: Answer to the most material part of the Book of Schism, together with an Account of H. T. His Appendix to his Manual of Controversies etc. 4ᵒ. The names of several Treatises and Sermons written by Ier: Taylor. D. D. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, A Course of Sermons for all the Sundays of the Year; Together with a Discourse of the Divine Institution, Necessity, Sacredness, and Separation of the Office Ministerial, in fol. 2. Episcopacy asserted, in 4ᵒ. 3. The History of the Life and Death of the Ever-blessed Jesus Christ, 2d Edit. in fol. 4. The Liberty of Prophesying, in 4ᵒ. 5. An Apology for authorized and Set-forms of Liturgy; in 4ᵒ. 6. A Discourse of Baptism, its institution and efficacy upon all Believers, in 4ᵒ. 7. The Rule and Exercises of holy living, in 12ᵒ. 8. The Rule and Exercises of holy dying, in 12ᵒ. 9 A Short Catechism for institution of young persons in the Christian Religion, in 12ᵒ. 10. A Short Institution of Grammar composed for Young Scholars, in 8ᵒ. 11. The Real Presence and Spiritual of CHRIST in the Blessed Sacrament proved against the Doct.rine of Transubstantiation, in 8ᵒ. 12. A Manual of daily Prayers fitted to the days of the week, together with a Short Method of Peace and Holiness. Certamen Religiosum, or a Conference between the late King of England, and the late Lord Marquis of Worcester concerning Religion, at Ragland Castle; Together with a Vindication of the Protestant Cause, by Chr. Cartwright in 4ᵒ. The Psalter of David, with Titles and Collects according to the m●tter of each Psalm, by the Right honourable Chr. Hatton, in 12ᵒ the 5. Edition with Additionals. Boanerges and Barnabas, or Judgement and Mercy for wounded and afflicted souls, in several Soliloquies, by Francis Quarles, in 12ᵒ. The life of Faith in Dead Times, by CBr. Hudson Preacher at Putney, in 12ᵒ. The Guide unto True Blessedness, or a Body of the Doctrine of the Scriptures, directing a man to the saving knowledge of God, by Sam. Crook, in 12ᵒ. Six excellent Sermons upon several occasions, preached by Edward Willan Vicar of Hoxne, in 4ᵒ. The Dipper dipped, or the Anabaptists ducked and plunged over head and ears, by Daniel Featly D. D. in 4ᵒ. Hermes Theologus, or a Divine Mercury: new descants upon old Records, by Theoph. Wodnote, in 12ᵒ. Philosophical Elements, concerning Government and Civil society: by Thomas Hobbs of Malmesbury, in 12ᵒ An Essay upon Statius, or the five first books of Publ. Papinius Statius his Thebais, by Tho. Stephen's Schoolmaster in S. Edmondsbury, in 80. Nomenclatura Brevis Anglo-Latino-Graeca in usum Scholae Westmonasteriensis, per F. Gregory, in 8ᵒ. Etymologicum Parvum in usum Scholae publica Westmonasterieusis opera & study Francisci Gregorii, in 8ᵒ. Grammatices Graecae Enchtridion in usum Scholae Collegialis Wigornae, in 8ᵒ. A Discourse of Holy Love, by Sir Geo: Strode Knight, in 12ᵒ. The Saint's Honeycomb full of Divine Truths, by R. Gove Preacher of Henton S. George in Somersetshire, in 8ᵒ. The Communicants Guide, directing the younger sort which have never yet received, and the elder and ignorant sort, which have hitherto received unworthily, how they may receive the Sacrament of the Lords Supper with comfort by R. Gove, in 8ᵒ. A Contemplation of Heaven with an Exercise of Love, and a Descant on the Prayer in the Garden by a Catholic Gent. in 12ᵒ. A Full Answer to a Declaration of the House of Commons concerning no more addresses to the King, printed at Oxford 1648, in 4ᵒ. The Royalists Defence, Printed at Oxford, 1648, in 4ᵒ. Mercurius Rusticus, or the Conntreymans' complaint, Printed at Oxford 1648, in 8ᵒ. A Relation of the Conference between Will: Laud Lord Archbishop of Canterbury, and Mr. Fisher the Jesuit by command of K. james, fol. Church Lands not to be sold, 1647. in 8ᵒ. The Countreymans' Catechism or the Church's plea for Tithes by R. Boreman, B. D. in 4ᵒ. The Regal Apology Printed at Oxford in 4ᵒ. A Fair Warning to take heed of the Scottish Discipline by Bishop Bramhall, in 4ᵒ. Sacrosancta Regia Majestas in 4o. Printed at Oxford, and written by the Archbishop of Tuum. The Christians Directory in 12ᵒ. The Royal slave a Play in 4ᵒ acted at Christ Church in Oxford. Devotion digested into several Discourses and Meditations upon the Lords most holy Prayer: Together with additional Exercitations upon Baptism, The Lord's Supper, Heresies, Blasphemy, The Creatures, The souls pant after God, The Mercies of God, The souls complaint of its absence from God; by Peter Samwaies, Fellow lately resident in Trinity College, Cambridge, in 12ᵒ. Of the Division between the English and Romish Church upon Reformation, by Hen: Fern D. D. in 12ᵒ the 2. Edition with many Additionals. Directions for the profitable reading of the Scriptures, by john White M. A. in 8ᵒ. The Exemplary lives and Memorable Acts of 9 the most worthy women of the world, 3 Jews, 3 Gentiles, 3 Christians, by Tho. Heywood, in 4ᵒ. The Saints Legacies, or a Collection of promises out of the Word of God, in 12ᵒ. judicium Universitatis Oxoniensis de Solemni Lega & Foedere, juramento Negativo etc. in 8ᵒ. Certain Sermons and Letters of Defence and Resolution to some of the late Controversaries of our times by jasper Main, D. D. in 4o. New. janna Linguarum Reserata, sive omnium Scientiarum & Linguarum seminarium, Auctore Cl. Viro I. A. Comenio, in 12ᵒ. A Treatise concerning Divine providence, very seasonable for all ages, by Tho. Morton Bishop of Duresme, in 8ᵒ. Observations upon Mr. Hobbs his Leviathan, with some Observations upon Sir Walte. Raleighs History of the World, by Alex. Rosse, in 12ᵒ. Fifty Sermons preached by that learned and reverend Divine john Donne, in fol. Wits-Common-Wealth, in 12ᵒ. The Banquet of Jests new and old in 12ᵒ. Balzac's Letters the fourth part, in 8ᵒ. Quarles Virgin Widow a Play, in 4ᵒ. Solomon's Recantation, in 4ᵒ. by Francis Quarles. Amesii antisynodalia, in 12ᵒ. Christ's Commination against Scandalisers, by john Tombs in 12o. New. Dr. Stuart's Answer to Fountain's Letter, in 4ᵒ. A Tract of Fortifications, with 22 brass cuts, in 4ᵒ. Dr. Griffiths Sermon preached at S. Paul's, in 4ᵒ. Blessed birthday, printed at Oxford, in 8ᵒ. A Discourse of the state Ecclesiastical, in 4ᵒ. An Account of the Church Catholic where it was before the Reformation, by Edward Boughen D. D. in 4ᵒ. An Advertisement to the Jurymen of England touching Witches, written by the Author of the Observations upon Mr. Hobbs Leviathan, in 4o. New. Episcopacy-and Presbytery considered, by Hen. Fern. D. D. in 4ᵒ. A Sermon preached at the Isle of Wight before his Majesty, by Hen. Fern D. D. in 4ᵒ. The Commoners Liberty or the Englishman's Birthright, in 4ᵒ. An Expedient for composing Differences in Religion, in 4ᵒ. A Treatise of self-denial, in 4ᵒ. by a concealed Author. The holy Life and Death of the late Vi-countesse Falkland in 12ᵒ Certain Considerations of present Concernment: Touching the Reformed Church of England, by H Fern, in 12o. New. England's Faithful Reprover and Monitour, in 12ᵒ. by Io. Allington. Newly published, The grand Conspiracy of the Members against the Mind, of Jews against their King. As it hath been delivered in four Sermons: by john Allington, B. D. in 12ᵒ. The Quakers wild questions objected against the Ministers of the Gospel, and many sacred Acts and Offices of Religion, with brief Answers thereunto: Together with a Discourse of the holy Spirit his workings and impressions on the souls of men, by R. Sherlock, B. D. in 8ᵒ. White Salt, or a sober correction of a mad world: By john Sherman, B. D. a discontinuer, in 12ᵒ. The Marching of the Magistrates Authority, and the Christians true liberty in matters of Religion. By William Lyford B. D. and late Minister of Sherborn in Dors. in 4ᵒ.